29
56.20) On May 6, 1997, the Congressional Permanent Commission appointed
a Sub-Committee “responsible for reporting on the constitutional charge
against the justices of the Constitutional Court” (hereinafter the “Evaluation
Sub-Committee”) to examine the request for articles of impeachment. This
was composed of three congressmen, one of whom resigned. The same day,
this Sub-Committee asked the justices to submit a report on the facts under
investigation within 48 hours and advised them that they could appear before
the Sub-Committee to submit the pertinent defense. On May 8, the justices
sent their reply indicating that “the deadline granted them for these effects
was very short”; they also put on record that they did not recognize the
competence of the Sub-Committee and, through the media, declared that
they would therefore not appear before it. Lastly, they indicated that this
was a “reprisal for their ruling on the Presidential Re-election Law” and that
they had not been given the right to defend themselves32;
56.21) On May 8, 12 and 14, 1997, the periods granted by the SubCommittee for the justices to submit their reports and statements, and the
extensions that had been granted, expired. On May 9, 1997, the justices,
Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano
forwarded to the Sub-Committee the official record of March 14, 1997, which
confirmed that they had express authority to deliver the clarification decision
about which they had been charged (supra 56.15). On May 14, 1997, the
same justices informed the Sub-Committee about irregularities in the
impeachment proceeding and appointed Valentín Paniagua Corazao, Raúl
Ferrero Costa and Juan Monroy Gálvez as their defense counsel33;
concerning the Constitutional Court dated May 5, 1997, Tome I, Annex 17; expert report of Mario Pasco
Cosmópolis before the Inter-American Court on November 22, 2000; and technical opinion of Enrique
Bernales Ballesteros of December 12, 2000.
32
Cf. Agreement of the Permanent Commission of the Congress of the Republic dated May 6, 1997,
to appoint the Evaluation Sub-Committee for the impeachment proceeding, Tome I, Annex 16; report of
the Evaluation Sub-Committee in the impeachment proceeding of May 14, 1997, Tome I, Annex 19; official
letter No. 004-97-SC/DC-CP-CR from the President of the Evaluation Sub-Committee to Justice Manuel
Aguirre Roca dated May 6, 1997, Tome III, Annex 3; letter from the justices of the Constitutional Court
Ricardo Nugent, Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano to the President of
the Evaluation Sub-Committee of May 8, 1997, Tome III, Annex 4; presentation of the impeachment by
the Impeachment Sub-Committee to the Congress of the Republic, Tome I, Annex 19; expert report of
Jorge Avendaño Valdéz before the Inter-American Court on November 22, 2000; expert report of Mario
Pasco Cosmópolis before the Inter-American Court on November 22, 2000; and technical opinion of
Enrique Bernales Ballesteros of December 12, 2000.
33
Cf. Report of the Investigation Sub-Committee in the impeachment proceeding dated May 14,
1997, Tome I, Annex 19; official letter No. 004-97-SC/DC-CP-CR from the President of the Evaluation SubCommittee to Justice Manuel Aguirre Roca of May 6, 1997, Tome III, Annex 3; letter from the justices of
the Constitutional Court, Ricardo Nugent, Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo
Marsano, to the President of the Evaluation Sub-Committee of May 8, 1997, Tome III, Annex 4; letter
from Justice Manuel Aguirre Roca to the President of the Evaluation Sub-Committee of May 8, 1997, Tome
III, Annex 5; letter from Justice Manuel Aguirre Roca to the President of the Evaluation Sub-Committee of
May 12, 1997, Tome III, Annex 6; letter from the justices of the Constitutional Court, Ricardo Nugent,
Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano, to the President of the Evaluation
Sub-Committee of May 12, 1997, Tome III, Annex 7; letter from the justices of the Constitutional Court,
Ricardo Nugent, Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano, to the President
of the Evaluation Sub-Committee of May 14, 1997, Tome III, Annex 8; letter of the President of the
Congress of the Republic of Peru to Justice Manuel Aguirre Roca of May 19, 1997, Tome III; Annex 10;
transcript of the statements made before the Permanent Commission on May 23, 1997, Tome III, Annex
11; and transcript of the articles of impeachment formulated by the congressional Impeachment SubCommittee against the justices of the Constitutional Court on May 28, 1997, Tome III, Annex 13.