in getting involved and intending to retaliate for the cases that Prosecutor Nissen
Pessolani was investigating, in addition to there being a political interest to remove him.
In the Merits Report, the Commission indicated that it did not have the evidence to rule
on a violation of the guarantee of impartiality.78 Subsequently, and taking into account
the evidence provided by the representative in his brief with pleadings and arguments,
and by the State in its response, it considered that there were new elements that
demonstrated the violation of the aforementioned guarantee. The State, for its part,
argued to deny such lack of impartiality in its response and in its final written arguments.
The Court understands that the elements mentioned by the representative in brief with
pleadings and arguments, and taken up by the Commission in its final observations
regarding the alleged lack of impartiality of some members of the JEM, in addition to
being directly related to the factual framework contained in the Commission's Merits
Report, constitute a controversial issue, regarding which the parties have had the
opportunity to argue what is relevant and which is of interest for resolving the case in
question.
68. In this regard, this Court notes that, at the time of the facts, Paraguay was
experiencing political instability as a result of several corruption scandals. In this regard,
the State itself in its final written arguments referred to the Annual Report of the InterAmerican Commission and the Third Report on the situation of human rights in Paraguay,
where corruption is mentioned among "the crimes that the State must condemn and that
have apparently gone unpunished." In this context, some of the investigations developed
by Prosecutor Nissen Pessolani were related to the possession of stolen vehicles by
political figures (supra para. 29).
69. In particular, in the framework of case no. 9936, Prosecutor Nissen Pessolani was
investigating L.A.C.A.C., son of a former vice-president of the Republic,79 and on March
9, 2002 ordered his arrest along with others under investigation.80 This case aroused
the particular interest of the then president of the JEM. In fact, on March 8, 2002, before
the complaint against Mr. Nissen Pessolani was filed before the JEM, its president, by
means of Record No. 22/02 requested that the Prosecutor provide him with the copies
of the case file "[L.S.] et al. s/reduction et al."81 This request was reiterated in official
letter no. 23/02 of March 12, 2002, where it was indicated "under warning that failure
to do so will be understood as contempt of the authority of this Jury."82 In his testimony
at the public hearing, witness Luis Talavera Alegre, who was a member of the JEM at the
78
In particular, the Commission pointed out that there was no record in the file of the challenge filed by
Mr. Nissen Pessolani or its resolution.
79
Cf. Newspaper article "Prosecutor orders the arresto f one of the [A.]" La Nación newspaper of March
9, 2002 (case file of evidence, folio 2707) and Newspaper article "Arrest ordered for [A.] for the alleged
reduction of a stolen car." La Nación newspaper of March 9, 2002 (case file of evidence, folio 2708). This article
states "Criminal Prosecutor Alejandro Nissen Pessolani yesterday ordered the prosecution and arrest of
[L.A.C.A.C.], one of the sons of the murdered Vice President [L.M.A.], because it was discovered that he bought
and allegedly forged the title of a luxury car based on the false certificate that was used to do the same with the
presidential BMW mau." This newspaper article was also submitted as evidence by the State as an annex to
its brief in response (case file of evidence, folio 2932).
Cf. Newspaper article "Ordenan detención de [P.], [A.] y otros por reducción", news of March 9, 2002
(case file of evidence, folio 2946).
80
81
149).
82
Cf. Letter No. 22/02 issued by the president of the JEM on March 8, 2002 (case file of evidence, folio
Letter No. 23/02 issued by the president of the JEM on March 12, 2002 (case file of evidence, folio 150).
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