two-thirds, to try those accused by the Chamber of Deputies in a public trial and, if applicable, declare
them guilty, merely to remove them from office. In cases of the supposed perpetration of offenses, the
case file shall be forwarded to the ordinary jurisdiction.
Article 261. On the removal and termination of the justices of the Supreme Court of Justice. The justices
of the Supreme Court of Justice shall only be removed following impeachment. Their appointment shall
end when they reach seventy-five years of age.
24. Other than these constitutional provisions, the Court was not advised whether, at the
time of the facts, any laws existed that regulated impeachment proceedings.
B. Appointment of Carlos Fernández Gadea and Bonifacio Ríos Ávalos as
justices of the Supreme Court of Justice
25. Carlos Fernández Gadea was born in Asunción, Paraguay, on February 23, 1942. He was
a lawyer, notary and notary public; he held a doctorate in law and social sciences, and was a
university professor.29 He was appointed a justice of the Supreme Court of Justice of Paraguay
in April 1995.30 On February 7, 2002, he was elected president of that court for the period
from “February 2002 to February 2003.”31 He died on June 20, 201032.
26. Bonifacio Ríos Ávalos was born on June 5, 1956, in Coronel Oviedo, Paraguay. He is a
lawyer, notary and notary public; he holds a doctorate in legal science and is a university
professor.33 He was appointed a justice of the Supreme Court of Justice of Paraguay on May
6, 1999.34 On February 6, 2003, he was elected president of that court for the period from
“February 2003 to February 2004.”35
C. Impeachment proceedings against Carlos Fernández Gadea and Bonifacio
Ríos Ávalos
C.1. Events prior to the impeachment of the presumed victims
27. Even though it was not determinant, it is still significant as regards the subsequent
political decision that, on September 6, 2003, the President of the Republic at the time, based
on his own institutional authority and responding to the support he had in the Legislature,
gave a speech in Santa Rosa del Aguaray, department of San Pedro, in which, according to
newspaper articles, he referred to the Judiciary. The media indicated the following:
Cf. Resumé of Carlos Fernández Gadea (evidence file, volume IV, annex II.A to the pleadings and motions
brief, folios 6249 to 6251).
30
Cf. Initial petition of Carlos Fernández Gadea (evidence file, volume II, procedure before the Commission, folio
567), and certificate of the cases heard by Carlos Fernández Gadea, issued by the Personnel Director of the Supreme
Court of Justice of the Republic of Paraguay on August 17, 2010 (evidence file, volume V, annex 1 to the answering
brief, folio 9458).
31
Cf. Record No. 1 of the regular session of February 7, 2002, of the Supreme Court of Justice of the Republic
of Paraguay (evidence file, volume IV, annex XI.A to the pleadings and motions brief, folios 8518 and 8519).
32
Cf. Certified death certificate of Carlos Fernández Gadea (evidence file, volume IV, annex II.C to the pleadings
and motions brief, folio 6284).
33
Cf. Resumé of Bonifacio Ríos Avalos (evidence file, volume IV, annex II.B to the pleadings and motions brief,
folios 6264 to 6268).
34
Cf. Resolution No. 240 of the Senate of the Republic of Paraguay of May 6, 1999 (evidence file, volume I,
annex 1 to the Merits Report, folio 2), and Decree No. 2998 of the President of the Republic of Paraguay of May 14,
1999 (evidence file, volume IV, annex XI.B to the pleadings and motions brief, folios 8523 and 8524).
35
Cf. Decision No. 266 of the Supreme Court of Justice of the Republic of Paraguay of February 6, 2003 (evidence
file, volume I, annex 2 to the Merits Report, folio 4), and Record No. 1 of the regular session of February 6, 2003, of
the Supreme Court of Justice of the Republic of Paraguay (evidence file, volume IV, annex XI.B to the pleadings and
motions brief, folio 8522).
29
10