recusation filed (...) is inadmissible on the grounds that the presentation does not satisfy the
aforementioned regulations. Invoking, de facto, a reason that is not foreseen as a cause of
challenge in our legal system involves a disregard for the aforementioned procedural
rules.129
77.
On October 31, 2001, Criminal Chamber No. 2 delivered judgment No. 116, sentencing Mr.
Romero to three years and six months in prison and seven years disqualification for perpetrating the offense
of abuse of authority. 130 The Chamber also acceded to the civil action for damages by ordering Mr. Romero,
jointly and severally, to pay the sum of 222,500 pesos.131
78.
On November 27, 2001, defense counsel filed a cassation appeal against the judgment given
by the Chamber, 132 requesting that the issue be to the Superior Provincial Court of Justice. 133 The IACHR
notes that the documents submitted by the petitioners do not contain the decision on the appeal.
79.
On February 6, 2002, defense counsel filed a nullity motion with the Superior Court of Justice
of the Province of Corrientes, 134 on the grounds that all of the centered that the totality instructing activities
and procedural steps carried out in the case by the then Instructing Magistrate No. 1 were illegal, in so far as
his appointment violated the guarantee of due process and the principle of the natural judge.135
80.
On February 12, 2002, the Attorney General of Corrientes submitted a brief to the Superior
Court of Justice, stating:
In the opinion of this Office, the matter brought under consideration is an issue that must be
dealt with through an independent proceeding from the main one (see Article 173, last
paragraph, 483 of the Code of Criminal Procedure), and therefore it is incumbent on your
Superior Court to order the separation of this motion for nullity and to establish a new
proceeding, with the main case continuing its proper course.136
81.
On February 20, 2003, defense counsel filed a motion for annulment with the Superior Court
of Justice of Corrientes, 137 requesting the composition of the Superior Court of Justice with corresponding
new legal members. 138 In view of the fact that judges Elpidio Monzón and Clemente Maldonado had not been
appointed in accordance with the procedure established by the Constitution of the Province. Defense counsel
argued that:
The situation creates a legal problem, subject to the sanction of absolute nullity. The legal
situation created by the appointment of the indicated judges without respecting the
129 Resolution No. 356 of Criminal Chamber No.2 of Corrientes, August 17, 2001. Annex to the Petitioner’s communiqué dated
July 10, 2008.
130
Sentence No. 116 of Criminal Chamber No.2, October 31, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
131
Sentence No. 116 of Criminal Chamber No.2, October 31, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
132
Appeal, November 27, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
133
Appeal, November 27, 2001. Annex to the Petitioner’s communiqué dated July 10, 2008.
134
Nullity Motion, February 6, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
135
Nullity Motion, February 6, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
136
Opinion of the Attorney General of Corrientes, February 12, 2002. Annex to the Petitioner’s communiqué dated July 10,
137
Nullity Motion, February 20, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
138
Nullity Motion, February 20, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
2008.
18