judgment, in its entirety, available for one year on the official websites of the Legislature and
the Judiciary. The State must inform this Court immediately when it has made each of the
said publications, regardless of the one-year time frame for presenting its first report, as
indicated in the ninth operative paragraph of this judgment.
D. Other measures requested
191. The Commission asked that the State “[a]dapt domestic law to ensure that sanction
proceedings against agents of justice are compatible with the standards on judicial
independence.” It requested that the State “ensure that sanction proceedings against judges
are subject to legal control and not political control”; that it “regulate applicable sanctions
appropriately so that they comply with the principle of legality”; that it “allow judges to appeal
to a higher authority in any sanction procedure,” and that “the authorities in charge of
proceedings to sanction judges provide reasons for their decisions.”
192. The representatives asked, as other measures of satisfaction, that the Court order the
State “to hold a public act” during which it “apologized,” and also “to place a plaque with the
victims’ names […] in recognition of, and in order to recall, […] the struggle for the […]
independence of the Judiciary.” Regarding Mr. Fernández Gadea, they asked that the Court
order “the Executive to issue a decree recognizing that […] he died while a justice of the
Supreme Court of Justice.”
193. Regarding guarantees of non-repetition, they asked that the Court order the State to
“enact a law adapting the domestic laws on impeachment,” which should function “both for
those who exercise political office and for judges.” They asked that the Court order the “reform
of the system for prosecuting lower court judges, eliminating political representation and ex
officio proceedings. They asked that the Court order the State to “incorporate into the
educational curricula […] the rights and guarantees established in the Convention,” and that
it arrange “training on human rights for judges and other officials […], and establish […]
courses and programs on the theory and practice of judicial independence and impartiality.”
Lastly, they asked that the Court order the State “to forward the judgment […] to the
universities […], so that […] it is incorporated into their curricula.”
194. The State argued that it was unnecessary to order measures of satisfaction other than
the publication of the judgment because the other measures requested “exceeded the scope
of the case.” Regarding the guarantees of non-repetition, it argued that, when calling for the
requested measures, “confusion existed between the impeachment of justices of the
[Supreme] Court [of Justice] and the procedure for the dismissal of lower-ranking judges.” It
indicated that, in Paraguay, Law No. 3759/2009 regulated the procedure for the prosecution
and removal of justices and that, in addition to establishing remedies against final judgments,
article 14 of that law included “twenty specific causes that exemplify the improper performance
of functions.” It also indicated that Senate Resolution No. 825 of July 3, 2015, established
that the impeachment procedure regulated in that instrument "will be used hereafter […] in
all cases,” and this has been respected in practice. Regarding the training activities requested
by the representatives, it indicated that they are unrelated to the facts of the case.
195. With regard to the measures of satisfaction requested by the representatives, the Court
agrees with the State that the publication of this judgment constitutes per se an adequate
measure; accordingly, it does not find it necessary to order additional measures under this
heading.
196. Regarding guarantees of non-repetition, the Court notes that everything relating to the
impeachment procedure or the eventual prosecution and sanction of judicial authorities, other
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents