16
lawsuits against them had been reactivated. This situation obliged her to request
political asylum in Costa Rica, together with her husband, and this was granted to
them.
C) EXPERT EVIDENCE
a.
Expert report of Jorge Avendaño Valdéz, lawyer, former
Peruvian Congressman, former Dean of the Faculty of Law of the Catholic
University of Peru, former Dean of the Lima Bar Association, on the
impeachment proceeding against the justices of the Constitutional Court
before the Congress of the Republic
Peruvian legislation establishes two procedures for investigating different matters of
national interest. On the one hand, investigation committees are set up for all
matters of public interest and, on the other, the Permanent Committee, through the
impeachment procedure, is responsible for investigating any violation of the
Constitution or alleged offense by any of the senior officials mentioned in article 99
of the Constitution. The investigation procedure regulated in article 88 of the Rules
of Procedure of the Congress was established for cases of public interest and is
initiated by an agenda motion submitted by any member or group of members of
Congress on any matter of interest to the Nation. The investigation committee is
composed of three to five members and must conduct its activities within the time
limit and terms of reference established by Congress. The plenum, as the highest
organ of Congress, appoints members of the investigation committees and has the
powers to delimit their work. Thus, the full Congress indicates the objectives of
each specific investigation, the duration and the members, and also establishes the
terms of reference. In this particular case, Congress expressly defined not only the
terms of reference, which were to investigate the facts denounced by Justice
Revoredo, but it also expressly agreed that the investigations conducted by the
investigative committee could not examine the judgments of the Constitutional
Court, as the latter is an autonomous, independent organ, specifically appointed by
the Constitution to supervise the acts of Congress. Therefore, if the investigation
committee deviated from or exceeded its terms of reference, as in this case, it would
invalidate any decisions it made, with absolute nullity, and also the whole
subsequent impeachment procedure.
“[I]f the investigative committee presumes that an offense exists, [...] it formulates
a complaint which, if this is against any official [such as the members of the
Constitutional Court], gives rise to an impeachment proceeding.” However, the
justices of the Constitutional Court were not notified that they would be investigated
for alleged irregularities when processing the file on presidential re-election, but
rather, after they had made their statements before the Investigation Committee on
the facts denounced by Justice Revoredo Marsana, they were only notified of the
change in the investigation when it was before the Evaluation Sub-Committee;
owing to this, they were unable to exercise their right to defense when faced with
the impeachment proceeding. Moreover, the Investigation Committee submitted its
report to the Permanent Committee rather than to the full Congress, as stipulated in
the Rules of Procedure; this constitutes an irregularity that could annul the
procedure at that stage. Should the Investigation Committee have concluded that,
in addition to the facts denounced by Justice Revoredo Marsana, the members of the
Court had committed an alleged error, the Committee could have requested the
plenum to consider this and take a decision on expanding its terms of reference.