provides that procedural acts shall be void where the provisions expressly prescribed are
not observed, under penalty of nullity. In this case, the nullification requested refers to the
mechanism for the appointing of magistrates. Unlike other provincial constitutions,
Corrientes’ Constitution does not provide for nullity in case of noncompliance with this
aspect, and therefore rendering inapplicable the generic nullity of Art. 170 of the C.P.P. (...). It
is thus indisputable that the Executive Branch of the Province formalized the appointment ...
during the recess of the Senate, thus filling in the positions with temporary judges for a
limited time.81
b)
Regarding the violation of the principle of Natural Judge: the manner of objecting to
the appointment through the request for nullity of the proceedings is based on nonjusticiable issues whose resolution does not correspond to this High Court, being a matter of
"political judgment" . The lack of the requirement of "Natural Judge: is a subjective and
unreal assessment; and referring to a judge as "special" or "covered", borders on a lack of
decorum towards the investiture of the bench. When using this expression there is no
reference to the judge as a person, but to a Court or Judicial Organ created "ex post facto" for
the special accidental or circumstantial trial for the case.82
c)
Regarding the jurisdiction of Instructing Magistrate No.1: this jurisdiction was
established by Resolution No. 177 of December 3, 1999, pursuant to standards for the most
serious crimes (...) "the distribution of jurisdiction among judges does not depend on Art. 18
of the National Constitution, but on the respective procedural laws, the constitutional
guarantees of not being removed from natural judges, and it is unrelated to issues
concerning the distribution of jurisdiction over ordinary judges of the Nation or Provinces.
Therefore the Court being the natural judge, its acts cannot be null and void. 83
54.
On April 26, 2004, defense counsel filed an extraordinary federal appeal with the Superior
Court of Justice of Corrientes against the judgment of April 4, 2004,84 requesting that the case be brought to
the National Supreme Court of Justice, on the grounds that the Provincial Superior Court of Justice’s
composition was in violation of the legal provisions governing its operation. 85
55.
On September 15, 2004, the Superior Court of Justice of Corrientes issued a resolution in
which it granted the extraordinary appeal and referred the case to the National Supreme Court of Justice. 86
56.
On October 31, 2005, the Attorney General of the Nation issued an opinion addressed to the
Supreme Court, stating that there was no federal issue to be resolved in this case, 87 because it did not meet
the requirements of autonomous grounds and federal subject matter. 88 Therefore, in his view this appeal
filed by defense counsel was improperly granted by the Superior Court of Justice of Corrientes. 89
81 Judgment No. 23 of the Superior Court of Justice of Corrientes, April 7, 2004. Annex to the Petitioner’s communiqué dated
July 10, 2008.
82 Judgment No. 23 of the Superior Court of Justice of Corrientes, April 7, 2004. Annex to the Petitioner’s communiqué dated
July 10, 2008.
83 Judgment No. 23 of the Superior Court of Justice of Corrientes, April 7, 2004. Annex to the Petitioner’s communiqué dated
July 10, 2008.
84
Extraordinary Federal Appeal, April 26, 2004. Annex to the Petitioner’s communiqué dated July 10, 2008.
85
Extraordinary Federal Appeal, April 26, 2004. Annex to the Petitioner’s communiqué dated July 10, 2008.
Resolution No. 142 of the Superior Court of Justice of Corrientes, September 15, 2004. Annex to the Petitioner’s communiqué
dated July 10, 2008.
86
87
Opinion of the National Attorney General, October 31, 2005. Annex to the Petitioner’s communiqué dated July 10, 2008.
88
Opinion of the National Attorney General, October 31, 2005. Annex to the Petitioner’s communiqué dated July 10, 2008.
89
Opinion of the National Attorney General, October 31, 2005. Annex to the Petitioner’s communiqué dated July 10, 2008.
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