and acting as president of the oral and public hearing,91 where he interrogated witnesses,
among other activities. The foregoing constitutes a conflict of interest, in the sense that
there was a situation within the private sphere of the president of the JEM, consisting in
the fact that he was in possession of an apparently stolen vehicle, a fact that was being
investigated by Prosecutor Nissen Pessolani, who in turn was being investigated by a
jury that the former was a member of, presided over, and acted in the process with a
view to his dismissal.
73. During the proceedings, the press also echoed questions about the impartiality of
the members of the Jury,92 the political interests in the dismissal,93 and the irregularity
of the process carried out against Prosecutor Nissen Pessolani.94 In an editorial published
by the ABC newspaper on August 16, 2002, it was stated that the trials before the
Impeachment Jury give no greater indication of impartiality and do not even try to keep
up appearances.95 It was also later revealed that another JEM member was being
investigated for possession of a stolen vehicle.96 In spite of the above, he did not recuse
himself from hearing the case and participated in the entire process, including the
issuance of the final judgment.
91
Cf. Minutes from public and oral hearing No. 200 made before the JEM on August 13, 2002 (case file of
evidence, folio 3462).
Cf. Newspaper article "[G.D.] uses the Juryt to protect the family [A.]" ABC newspaper, March 10, 2002
(case file of evidence, folio 2711). This note indicates that "Before 24 hours had passed since the arrest warrant
against the notary [L.A.A.C.], for his alleged responsibility in an act of reduction, the president of the Jury for
the Impeachment of Magistrates, [O.G.D.], sent an official letter to the prosecutor Alejandro Nissen to ask him
to send him the prosecutor's file. The attitude of the judging body constitutes direct pressure against the
prosecutor from the Public Prosecutor's Office." Newspaper article "Jury continues pressuring the prosecutor
who accused the court clerk [A.]" ABC newspaper, March 13, 2002 (case file of evidence, folio 2713).
Newspaper article "Jury made up of pro-Argaña members insists on removing Prosecutor Nissen," ABC
newspaper, August 15, 2002 (case file of evidence, folios 2723 and 2928). Newspaper article "Jury tries to
remove the prosecutor who ordered the arrest of the court clerk [A.]" ABC newspaper, July 31, 2002 (case file
of evidence, folio 2725). Newspaper article " Nissen, the prosecutor who investigated several big wigs, removed
from office " Noticias newspaper, April 8, 2003 (case file of evidence, folio 2729).
92
Cf. Newspaper article "[L.] pushed for removal of the prosecutor investigating corrupt politicians " ABC
newspaper, April 8, 2004 (case file of evidence, folio 6). This news item refers to the fact that Prosecutor
Nissen received, on October 29, 2003, a draft resolution similar to the one drafted by the JEM to support his
indictment; Newspaper article "Defendants challenge Nissen’s removal to then nullify their cases " ABC
newspaper, August 16, 2002 (case file of evidence, folios 2716 and 2950). Newspaper article "Political
vengeance against Nissen Nissen", Última Hora Newspaper, April 8, 2003. This note indicates "Prosecutor was
removed by the JEM for investigating politicians and parliamentarians" (case file of evidence, folio 2752).
93
Cf. Newspaper article "Concern about the proceedings against Prosecutor Alejandro Nissen" ABC newspaper
of September 19, 2002 (case file of evidence, folio 2758). This note refers to a communiqué from the Council
for the Promotion of the National Integrity System (CISNI) in which it expressed its concern about the
prosecution of Prosecutor Nissen. Newspaper article "Nissen proceedings have been irregular within the Jury
from the very beginning," Judicial News, April 13, 2003 (case file of evidence, folio 5).
94
95
Newspaper article "Dangerous role of the Jury in the Impeachment of Magistrates" ABC newspaper, August
16, 2002 (case file of evidence, folio 2948). This note was submitted by the State as an annex to its response.
Cf. Newspaper article "Justice department defines whether there will be an oral and public trial against
[C.K.]" ABC newspaper of October 31, 2004 (case file of evidence, folio 2747). This note indicates that C.K.,
who was a member of the JEM investigating Nissen Pessolani, was charged by another Prosecutor for the
alleged commission of the crimes of reduction, production of non-authentic documents, and mediate
production of public documents with false content, as a result of the possession of a "mau" Mercedes Benz
automobile.
96
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