retirement,”134 and expressly required them to resign to this end.135 Since this objective was
not achieved,136 the other option was impeachment, and this was used. 137
123. In this regard, the Court notes that there is supporting evidence – consisting in the
transcripts of the sessions of the Chamber of Deputies and the Senate – to affirm that, at the
time of the events, there was a “political agreement” between the Executive and members of
both chambers of the Legislature and its objective was to impeach members of the Supreme
Court of Justice and remove them from office. Thus, this Court was able to verify that, during
the impeachment proceedings, several members of the two legislative chambers explicitly
referred to the existence of a “political agreement,” indicating that this involved the Executive,
and directly mentioning the President of the Republic at the time, and members of the National
Congress.138
124. Thus, during the session of November 18, 2003, in which the wording of the articles of
impeachment against the three justices of the Supreme Court of Justice was discussed, several
members of the Chamber of Deputies referred to the existence of a “political agreement,” an
“undertaking” or a “political pact” between the Executive and members of the political parties
represented in the National Congress aimed at achieving a “purge,” “renewal” or “change” in
the Judiciary, an agreement that materialized precisely in the impeachment proceedings. 139
Cf. Inter alia, newspaper article published in “La Nación” on September 9, 2003, entitled “La ley de jubilaciones
es la vía más adecuada” [Retirement law is most appropriate mechanism] (evidence file, volume IV, annex III.A to
the pleadings and motions brief, folio 6361); newspaper article published in “La Nación” on September 10, 2003,
entitled “Analizan otorgar a miembros de la Corte una jubilación excepcional” [Analyzing whether to grant members
of the Court a golden handshake] (evidence file, volume IV, annex III.D to the pleadings and motions brief, folio
6428); newspaper article published in “Noticias” on September 10, 2003, entitled “Gobierno analiza instalar método
de cambio de la Corte en 30 días” Government analyzes establishing way to change the Court in 30 days] (evidence
file, volume IV, annex III.A to the pleadings and motions brief, folio 6359), and newspaper article published in “La
Nación” on September 17, 2003, entitled “En 30 días se aprobaría ley de jubilación” [Retirement law to be adopted
in 30 days] (evidence file, volume IV, annex III.A to the pleadings and motions brief, folio 6353).
135
Cf. Inter alia, newspaper article published in “Última Hora” on September 10, 2003, entitled “Castiglioni instó
a Irala Burgos a renunciar para instar reforma” [Casatiglioni urges Irala Burgos to resign to undertake reform]
(evidence file, volume IV, annex III.D to the pleadings and motions brief, folio 6418); newspaper article published in
“ABC” on September 10, 2003, entitled “Vicepresidente pide de nuevo a Irala Burgos que renuncie” [Vice President
again asks Irala Burgos to resign] (evidence file, volume IV, annex III.D to the pleadings and motions brief, folio
6425); newspaper article published in “ABC” on September 11, 2003, entitled “Congreso y Ejecutivo piden a miembros
de la Corte que renuncien” [Congress and Executive ask members of the Court to resign] (evidence file, volume IV,
annex III.D to the pleadings and motions brief, folio 6419), and newspaper article published in “Noticias” on October
6, 2003, entitled “En nombre del President piden a la Corte su ‘retiro voluntario’” [On behalf of the President the
Court is asked to resign voluntarily] (evidence file, volume IV, annex III.D to the pleadings and motions brief, folio
6438).
136
Cf. Inter alia, newspaper article published in “Última Hora” on October 14, 2003, entitled “Ministros no
renunciarán y PE y oposición preparan juicio” [Justices won’t resign and Executive and opposition prepare trial]
(evidence file, volume IV, annex III.D to the pleadings and motions brief, folio 6436), and newspaper article published
in “La Nación” on October 29, 2003, entitled “Ministros cuestionados desafían y afirman que no renunciarán” [Justices
in dispute defiant say they won’t resign] (evidence file, volume IV, annex III.D to the pleadings and motions brief,
folios 6423 and 6424).
137
Cf. Inter alia, newspaper article published in “La Nación” on October 14, 2003, entitled “Ejecutivo y Congreso
resolvieron llevar a juicio político a la Corte” [Executive and Congress decide to impeach the Court] (evidence file,
volume IV, annex III.A to the pleadings and motions brief, folio 6349), and newspaper article published in “Noticias”
on November 5, 2003, entitled “Duarte Frutos sale a liderar la negociación por los votos” [Duarte Frutos leads
negotiation for the votes] (evidence file, volume IV, annex III.A to the pleadings and motions brief, folio 6344).
138
See also the statements of Bonifacio Ríos Avalos and Edmundo Rolón, provided during the public hearing
before this Court. Also the testimonial statements provided by affidavit by Hilario Benjamín Fernández Bogado,
Carmelo Juan Gregorio Benítez Cantero, Felipe Santiago Paredes, Luis Alberto Zarate Chávez, Luis Adolfo Ramón
Lezcano Claude, Myrian Concepción Areco Amaral, Bader Rachid Lichi, Amelio Ramón Calonga Arce and Oscar
Buenaventura Llanes Torres (evidence file, volume VIII, affidavits, folios 13436, 13444, 13445, 13458, 13479, 13487
to 13489, 13511 to 13515, 13526, 13531, 13544 and 13571).
139
Cf. Transcript of the session of the Chamber of Deputies of the National Congress of the Republic of Paraguay
of November 18, 2003 (evidence file, volume I, annex 7 to the Merits Report, folios 28, 33, 34, 35, 57, 62 and 63).
134
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