justiciable" the submission of this defense linked to the violation of the constitutional
guarantee of the right to a defense in court, it constitutes a violation of Articles 8 and 25 of
the American Convention on Human Rights.146
86.
On March 16, 2004, the Superior Court of Justice of Corrientes declared the issue of the
composition of the Superior Court of Justice moot, 147 indicating the following:
[In accordance with] duly notified Decree No. 10.641 of November 20, 2003, pursuant to
which a new composition of this Court is announced, (...)[the] Public Prosecutor's Office
establishes that the extraordinary appeal must be rejected, since the matter has become
moot. (...) The pleading of the defense has indeed became moot, and therefore a decision
must be made in that sense and the second instance proceedings must continue.148
87.
On September 9, 2004, defense counsel filed an extraordinary federal appeal requesting that
the case be referred to the Supreme Court of Justice of the Nation.149
88.
On May 31, 2005, the Superior Court of Justice of Corrientes declared the appeal
inadmissible.150 The Superior Court held the following:
it appears that defense counsel questions the decision of this Court, based on reasons of fact,
evidence and law unrelated to the federal remedy. The viability of the extraordinary appeal
requires, in the case of arbitrariness, the demonstration of an unequivocal departure from
the law or an absolute lack of reasoning (...). Consequently, in view of the absence of such
circumstances, the remedy is incapable enabling the requested review, which is reserved for
the discussion and final decision of federal issues that are not apparent from the
pleadings.151.
89.
On June 14, 2005, defense counsel filed a recurso de queja with the Nation Supreme Court of
Justice against the resolution of May 31, 2005. 152 The following day, defense counsel also filed an
extraordinary federal appeal recusing the judges of that court, on the following grounds:
The main argument of this recusation is that the aforementioned judges participated in the
decision of May 31, 2015] that in Section No. 2 is subject to question; and obviously, in order
to guarantee the right to a double instance, the same judges cannot hear and rule on the
extraordinary federal remedy that is pleaded herein; this reiterate is basic and elemental to
ensure the right to a double instance that must be observed in criminal proceedings as a
"minimum guarantee" for "every person charged with crime" (...).153
146
Extraordinary Federal Appeal, July 3, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
Resolution No. 29 of the Superior Court of Justice of Corrientes, March 16, 2004. Annex to the Petitioner’s communiqué
dated July 10, 2008.
147
148 Resolution No. 29 of the Superior Court of Justice of Corrientes, March 16, 2004. Annex to the Petitioner’s communiqué
dated July 10, 2008.
149
Extraordinary Federal Appeal Motion, September 9, 2004. Annex to the Petitioner’s communiqué dated July 10, 2008.
Resolution No. 64 of the Superior Court of Justice of Corrientes, May 31, 2005. Annex to the Petitioner’s communiqué dated
July 10, 2008.
150
151 Resolution No. 64 of the Superior Court of Justice of Corrientes, May 31, 2005. Annex to the Petitioner’s communiqué dated
July 10, 2008.
152 Recurso de queja with the National Supreme Court of Justice, June 14, 2005. Annex to the Petitioner’s communiqué dated
July 10, 2008.
153
2008.
Extraordinary Federal Appeal Motion and Recusation, June 15, 2005. Annex to the Petitioner’s communiqué dated July 10,
20