42. In addition, on December 24 and 26 2003, Carlos Fernández Gadea and Bonifacio Ríos
Ávalos, respectively, filed actions of unconstitutionality against Resolution No. 134 of
December 12, 2003, also issued by the Senate, ordering their removal from their functions as
justices of the Supreme Court of Justice.58
D.1. Judgments Nos. 951 and 952 of the Constitutional Chamber of the
Supreme Court of Justice
43. During the processing of the actions of unconstitutionality, several justices of the
Supreme Court of Justice, as well as members of other courts, recused themselves from
hearing the arguments.59
44. On December 30, 2009, the Constitutional Chamber of the Supreme Court of Justice,
composed of three “interim justices […] owing to the recusals of its natural justices,” decided
the actions of unconstitutionality. By Judgment No. 951, the Chamber admitted the actions
filed by Bonifacio Ríos Ávalos, and by Judgment No. 952, the actions filed by Carlos Fernández
Gadea.60 In general, these judgments have the same content. 61
45. In its decision, the Chamber declared “the nullity of the [contested] resolutions” and,
“consequently,” ordered the “reinstatement” of Messrs. Ríos Ávalos and Fernández Gadea “in
their functions as justices of the […] Supreme Court of Justice of the Republic of Paraguay,
who shall immediately occupy any vacanc[ies] that exist […] in the highest organ of the
Judiciary.”62
46.
Regarding Senate Resolution No. 122, the Constitutional Chamber considered, inter alia:
The prohibition to file challenges, recusals, preliminary questions or any type of appeal established in art.
2 of the said administrative resolution of the Senate is a flagrant violation of the defense guarantee to be
Cf. Brief filing action of unconstitutionality against Senate Resolution No. 134 of December 12, 2003, submitted
by Carlos Fernández Gadea, and Brief filing action of unconstitutionality against Resolution No. 134 of the Senate of
December 12, 2003, submitted by Bonifacio Ríos Avalos (evidence file, volume II, procedure before the Commission,
folios 398 to 419, and 884 to 903). Among other matters, the presumed victims argued that Resolution No. 134
violated the rights to due process and to defense, and also the lack of independence and impartiality of the organ
that removed them from their functions, which had infringed the principle of judicial independence.
59
Cf. Inter alia, recusals of Justices Antonio Fretes and Víctor Núñez Rodríguez, included in the case 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 10723, 10727, 10787, 10917
and 10937), and recusals of Justices Antonio Fretes and Víctor Núñez included in the case file of the actions of
unconstitutionality filed by Carlos Fernández Gadea 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 11809, 11851, 12039 and
12063).
60
As each ruling indicates, the actions filed Bonifacio Ríos Avalos were joindered by a judicial decision of August
24, 2007. Meanwhile, the actions filed by Carlos Fernández Gadea were joindered by a judicial decision also issued
on August 24, 2007. Cf. Judgment No. 951 of December 30, 2009, delivered by the Constitutional Chamber of the
Supreme Court of Justice of the Republic of Paraguay, and Judgment No. 952 of December 30, 2009, delivered by
the Constitutional Chamber of the Supreme Court of Justice of the Republic of Paraguay (evidence file, volume I,
annex 10 to the Merits Report, folios 102 and 132).
61
Cf. Judgment No. 951 of December 30, 2009, delivered by the Constitutional Chamber of the Supreme Court
of Justice of the Republic of Paraguay, and Judgment No. 952 of December 30, 2009, delivered by the Constitutional
Chamber of the Supreme Court of Justice of the Republic of Paraguay (evidence file, volume I, annex 10 to the Merits
Report, folios 84 to 148).
62
Cf. Judgment No. 951 of December 30, 2009, delivered by the Constitutional Chamber of the Supreme Court
of Justice of the Republic of Paraguay, and Judgment No. 952 of December 30, 2009, delivered by the Constitutional
Chamber of the Supreme Court of Justice of the Republic of Paraguay (evidence file, volume I, annex 10 to the Merits
Report, folios 84 to 148). In these decision, the Chamber also established: “notify […] the […] Finance Minister, for
the budgetary effects and the corresponding pension contributions.”
58
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