were not subject to impeachment and, consequently, had not been dismissed.
139. In the Court’s opinion, these arguments do not allow it to make the requested analysis
because no specific arguments were submitted that would allow it to assess how the said
discrimination had occurred. Furthermore, the Court was not provided with precise information
on the composition of the Supreme Court of Justice when each ruling included in the articles
of impeachment drawn up by the Chamber of Deputies against the presumed victims was
issued; the position of each justice when, one by one, those rulings were issued and, if
applicable, the position assumed by the two chambers of the Legislature in relation to those
circumstances.
140. The representatives added that the said discrimination had also occurred due to Senate
Resolution No. 122, because this prohibited them from appealing against the decision issued
as a result of the impeachment proceedings, and prevented them from exercising “a right of
everyone in the State’s territory.” This argument does not enable the Court to examine the
alleged violation of Article 24 of the Convention because, technically, it relates to the failure
to respect procedural guarantees during the impeachment proceedings. In any case, as
previously indicated (supra para. 134), in light of the fact that the presumed victims filed
judicial actions to contest the proceedings and the final decision, and that their claims were
heard and decided in court, the pertinent analysis will be made in relation to the violation of
the right to judicial protection. Consequently, the Court will not make the requested analysis.
B.3.4. General conclusion
141. Because it failed to respect the necessary guarantees to safeguard judicial independence
in the impeachment proceedings and the consequent decision to remove Messrs. Ríos Ávalos
and Fernández Gadea from their functions as justices of the Supreme Court of Justice, the
Paraguayan State is responsible for the violation of Article 8(1) of the American Convention,
in relation to Article 1(1) of this instrument, to the detriment of these persons.
VII.2
RIGHTS TO JUDICIAL GUARANTEES AND TO JUDICIAL PROTECTION, IN RELATION
TO THE OBLIGATIONS TO RESPECT AND TO ENSURE RIGHTS 148
A. Arguments of the Commission and of the parties
142. The Commission alleged that it took more than six years for the judicial actions filed
by the presumed victims to protect their rights to be decided without any justification being
provided for this delay. It indicated that the 2009 judgments in favor of the presumed victims
were invalidated by the Supreme Court of Justice after Congress had “vigorously” repudiated
those judgments, which reveals that the right to an effective judicial remedy was not ensured
and that the Judiciary had been subject to external pressures. Added to this, the appeal for
clarification filed by Mr. Fernández Gadea has not yet been decided.
143. The representatives argued that the actions of unconstitutionality that were filed
“suffer[ed] from unjustified delay.” They pointed out that the appeal for clarification filed by
Bonifacio Ríos Ávalos was decided after almost 10 years, while the one filed by Carlos
Fernández Gadea remains pending. They added that an “administrative ruling” by six justices
who were not part of the case, all of them disqualified, could not annul Judgments Nos. 951
and 952, added to which, as already indicated, in 2019, one of the appeals for clarification
that had been filed was decided; therefore, the 2009 judgment “was fully valid, because […]
148
Articles 8 and 25 of the American Convention, in relation to Articles 1(1) and 2 of this instrument.
37