public hearing26 insofar as they are in keeping with the purpose defined by the President in
the order requiring them and the purpose of this case.27
VI
FACTS
21. Based on the factual framework determined by the Commission and the evidence
submitted, the Court will establish the facts of this case, and describe them in the following
order: (A) applicable legal framework; (B) appointment of Carlos Fernández Gadea and
Bonifacio Ríos Ávalos as justices of the Supreme Court of Justice; (C) impeachment
proceedings against Bonifacio Ríos Ávalos and Carlos Fernández Gadea; c.1) events prior to
the impeachment of the presumed victims; c.2) procedure before the Chamber of Deputies;
c.3) procedure before the Senate; c.4) dismissal of Bonifacio Ríos Ávalos and Carlos Fernández
Gadea; (D) actions of unconstitutionality filed by the presumed victims; d.1) Judgments Nos.
951 and 952 of the Constitutional Chamber of the Supreme Court of Justice; d.2) Resolution
No. 1 of the National Congress; d.3) Resolution No. 2382 of the Supreme Court of Justice;
d.4) appeals for clarification filed in relation to judgments Nos. 951 and 952, and (E) criminal
proceedings against Bonifacio Ríos Ávalos and Carlos Fernández Gadea.
A. Applicable legal framework
22. The Constitution of the Republic of Paraguay28 refers to the composition of the Supreme
Court of Justice in its articles 258 and 264(1), as follows:
Article 258. On the composition and requirements. The Supreme Court of Justice shall be composed of
nine members. It shall be organized in chambers, one of which shall be a constitutional chamber. Each
year it shall elect a president from among its members. Its members shall be called justices. The
requirements for membership of the Supreme Court of Justice are: to be a natural Paraguayan national;
to have reached thirty years of age; to possess a doctorate in law, and to enjoy manifest good repute. In
addition, to have exercised the profession, or held a judgeship, or a university chair in the field of law,
jointly, separately or successively for ten years.
Article 264. On the duties and responsibilities. The duties and responsibilities of the Judicial Council are:
(1) to propose the slates of candidates for the Supreme Court of Justice, following a selected based on
aptness, which considers merits and aptitudes, and to forward these to the Senate so that [justices] may
be appointed following the agreement of the Executive Branch; […].
23. In addition, articles 225 and 261 of the Paraguayan Constitution establish the rules for
possible impeachment proceedings against justices of the Supreme Court of Justice, as
follows:
Article 225. On the procedure: The President of the Republic, the Vice President, the ministers of the
Executive Branch, the justices of the Supreme Court of Justice, the Prosecutor General, the Ombudsman,
the Comptroller General, the Sub-Comptroller, and the members of the Superior Electoral Court of Justice
may only be subjected to impeachment based on improper performance of their functions, offenses
committed in the exercise of their duties, or ordinary offenses. The charges shall be brought by a twothirds majority of the Chamber of Deputies. It shall correspond to the Senate, by an absolute majority of
received the notarized expert opinions of Roberto P. Saba (evidence file, volume VI, expert opinion, folios 13276 to
13304) and Carlos Alberto Arestivo (evidence file, volume VIII, affidavits, folios 13412 to 13425).
26
At the public hearing, the Court received the statements of Bonifacio Ríos Avalos, Jesús María Fernández
Villalba, Edmundo Rolón and Marcelo Duarte Manzoni. During the hearing, it also received the expert opinions of Jorge
Alejandro Amaya and José Ramón Cossío Díaz. In addition, the Court received the written opinion of Jorge Alejandro
Amaya (evidence file, volume VII, written expert opinion, folios 13305 to 13409).
27
The purposes of the statements was established in the order of the Court’s President of December 11, 2020.
28
Constitution of the Republic of Paraguay, promulgated on June 20, 1992. Available at:
http://digesto.senado.gov.py/archivos/file/Constituci%C3%B3n%20de%20la%20Rep%C3%BAblica%20del%20Par
aguay%20y%20Reglamento%20Interno%20HCS.pdf.
9