55. On October 11, 2019, the Constitutional Chamber “[declared the nullity] of the
notifications of Judgment No. 951 of December 30, 2009, served […] on the National Congress,
the Judicial Council, and other State organs.” To this end, it argued, among other matters,
that “the said notifications ha[d]not been ordered” by that Chamber and that “the judgment
notified no longer had legal effects because it had been declared invalid by Resolution No.
2382 of January 5, 2010, […] a resolution that ha[d] become final.”71
E. Criminal proceedings against Bonifacio Ríos Ávalos and Carlos Fernández
Gadea
56. On December 17, 2003, several members of the National Congress “informed the Public
Prosecution Service” of facts relating to the impeachment proceedings against the presumed
victims, and asked this body “to examine the complaints filed by the Chamber of Deputies
before the Senate […] in order to determine whether there were sufficient grounds to file
criminal proceedings.”72
57. Also, on November 1, 2005, the Fourth Criminal Judge of Guarantees issued a ruling in
which he “[rejected] the complaint filed” and “[ordered] the closure of the case.”73
VII
MERITS
58. The instant case concerns the alleged violation of various rights in relation to the
impeachment proceedings that culminated in the removal of Bonifacio Ríos Ávalos and Carlos
Fernández Gadea from their functions as justices of the Supreme Court of Justice of the
Republic of Paraguay. This Court will proceed to make the corresponding analysis in the
following order: (a) right to judicial guarantees in relation to the obligations to respect and to
ensure rights, and alleged violations of the protection of honor and dignity, and equality before
the law, and (b) rights to judicial guarantees and to judicial protection, in relation to the
obligations to respect and to ensure rights.
VII.1
RIGHT TO JUDICIAL GUARANTEES IN RELATION TO THE OBLIGATIONS TO
RESPECT AND TO ENSURE RIGHTS,74 AND ALLEGED VIOLATIONS OF PROTECTION
OF HONOR AND DIGNITY, AND EQUALITY BEFORE THE LAW 75
A. Arguments of the Commission and of the parties
A.1. General considerations on judicial independence and the guarantees
applicable to impeachment proceedings
59.
The Commission argued that only those impeachment proceedings against judges “in
Cf. Resolution A.I.N. No. 1932 of October 11, 2019, issued by the Constitutional Chamber of the Supreme
Court of Justice, which is included in the file of the actions of unconstitutionality filed by Bonifacio Ríos Avalos against
Resolutions Nos. 122 and 134 of the Senate of the Republic of Paraguay (evidence file, volume V, annex 8.4. to the
answering brief, folios 11769 and 11770).
72
Cf. Brief of December 13, 2003, sent by members of the National Congress to the Prosecutor General (evidence
file, volume IV, annex IX.A. to the pleadings and motions brief, folios 8451 and 8452).
73
Cf. Ruling identified as A.I. No. 1755 of November 1, 2005, issued by the Fourth Criminal Judge of Guarantees
in case No. 1-1-2-1-2004-1697, entitled “Luis Lezcano Claude and others re/atypical act” (evidence file, volume IV,
annex IX.B. to the pleadings and motions brief, folios 8454 to 8460).
74
Article 8 of the American Convention, in relation to Article 1(1) of this instrument.
75
Articles 11 and 24 of the American Convention.
71
18