28
56.18)
On March 21 and 31 and April 4 and 18, 1997, the
Investigation Committee heard the testimony of Justices Revoredo Marsano,
Aguirre Roca, Rey Terry and Nugent, respectively, concerning the complaints
made by Justice Revoredo. After Justices García Marcelo and Acosta Sánchez
had made the accusations against them, the investigation changed direction
and it was decided to investigate the alleged irregularities that had occurred
within the Constitutional Court when the clarification ruling on presidential reelection was delivered. Despite this change, Justices Roca, Rey Terry and
Revoredo Marsano were not allowed to cross-examine witnesses or submit
any defense regarding the allegations30;
56.19) On May 5, 1997, the congressional Investigation Committee submitted
a constitutional charge against Justices Aguirre Roca, Rey Terry and
Revoredo Marsano to the Congressional Permanent Commission, accusing
them of violating the Constitution by submitting a working paper as “if it was
a judgment that had already been discussed and adopted by the full
Constitutional Court” and also for delivering a ruling on the petition for
clarification filed by the Lima Bar Association in the name of the
Constitutional Court. Lastly, it indicated that Justice Nugent had acted
unlawfully by “justifying the constitutional violation” and not convening the
full Constitutional Court to resolve the said petition for clarification31;
concerning the Constitutional Court to Justice Manuel Aguirre Roca, undated, Tome II, Annex 3; transcript
of the statement of Justice Ricardo Nugent before the Investigation Committee responsible for clarifying
the complaints concerning the Constitutional Court on April 18, 1997, Tome II, Annex 8; transcript of the
statement of Justice Manuel Aguirre Roca before the Investigation Committee responsible for clarifying the
complaints concerning the Constitutional Court on March 31, 1997, Tome II, Annex 5; transcript of the
statement of Justice Luis Guillermo Díaz Valverde before the Investigation Committee responsible for
clarifying the complaints concerning the Constitutional Court on March 31, 1997, Tome II, Annex 5;
transcript of the statement of Justice Guillermo Rey Terry before the Investigation Committee responsible
for clarifying the complaints concerning the Constitutional Court on April 4, 1997, Tome II, Annex 6;
transcript of the statement of Justice José García Marcelo before the Investigation Committee responsible
for clarifying the complaints concerning the Constitutional Court on April 4, 1997, Tome II, Annex 6; and
transcript of the statement of Justice Francisco Javier Acosta Sánchez before the Investigation Committee
responsible for clarifying the complaints concerning the Constitutional Court on April 14, 1997, Tome II,
Annex 7.
30
Cf. Document dated May 6, 1997, signed by congressman, Javier Alva Orlandini, member of the
Investigation Committee, Tome I, Annex 18; official letter No. 074-97-P/TC from the President of the
Constitutional Court to the President of the Investigation Committee responsible for clarifying the
complaints concerning the Constitutional Court dated March 19, 1997, Tome II, Annex 2; official letter No.
016-97/CITC-CR from the President of the Investigation Committee responsible for clarifying the
complaints concerning the Constitutional Court to Justice Manuel Aguirre Roca dated March 25, 1997,
Tome II, Annex 4; transcript of the statement of Justice Guillermo Rey Terry before the Investigation
Committee responsible for clarifying the complaints concerning the Constitutional Court of April 4, 1997,
Tome II, Annex 6; statement of Justice Delia Revoredo Marsano before the Investigation Committee
responsible for clarifying the complaints concerning the Constitutional Court of April 21, 1997, Tome I,
Annex 14; transcript of the statement of Justice Manuel Aguirre Roca before the Investigation Committee
responsible for clarifying the complaints concerning the Constitutional Court of March 31, 1997, Tome II,
Annex 5; transcript of the statement of Justice Ricardo Nugent before the Investigation Committee
responsible for clarifying the complaints concerning the Constitutional Court dated April 18, 1997, Tome II,
Annex 8; transcript of the statements made before the Permanent Commission on May 23, 1997, Tome
III, Annex 11; and expert report of Jorge Avendaño Valdéz before the Inter-American Court, on November
22, 2000.
31
Cf. Official letter No. 045-97-97/CITC-CR of May 5, 1997, from the Investigation Committee
responsible for clarifying the complaints concerning the Constitutional Court to the President of the
Permanent Commission of the Congress of the Republic, about the impeachment proceeding against
Justices Nugent, Aguirre Roca, Rey Terry and Revoredo Marsano, Tome I, Annex 16; report of the
Investigation Committee of the Congress of the Republic responsible for clarifying the complaints