continuity of the proceedings – because it does not affect the court’s jurisdiction – the
request is granted with a simple remittance back to the lower court.49
40.
For this reason, the Court referred the proceedings to the Criminal Chamber No. 2 "so that it
follows the proceedings established by law".50 The IACHR does not have information on what the Chamber
decided.
41.
On April 25, 2002, defense counsel recused the members of the Criminal Chamber No. 2, 51 on
the grounds of lack of impartiality in the dismissal of some testimony and documentary evidence presented
by defense counsel.52
42.
The next day the Criminal Chamber No. 2 issued a resolution declaring the recusation
inadmissible. 53 The Chamber stated that the allegations were unconnected with the grounds for recusation
under Article 59 of the Code of Criminal Procedure.54
43.
On May 17, 2002, the Criminal Chamber No. 2 issued a conviction against Mr. Romero as the
perpetrator for the offense of "breach of trust" to the detriment of the Public Administration. 55 The Chamber
sentenced Mr. Romero to seven years' imprisonment and perpetual disqualification from holding public
office. 56 The Chamber also upheld the civil against Mr. Romero and ordered him to pay to the Municipality of
Corrientes the sum of $8,790,900 Argentine pesos in compensation.57
44.
On June 10, 2002, defense counsel filed a cassation appeal against the judgment issued by the
Chamber. 58 On June 13, 2002, the Criminal Chamber No.2 of Corrientes issued a resolution granting the
cassation remedy. 59 The Chamber summoned the parties to appear before the Superior Court of Justice. 60
45.
On February 18, 2003, defense counsel filed an appeal with the Superior Court of Justice, 61
indicating that three of the judges in the composition of that court had not been appointed in accordance with
the procedure established by the Constitution of the Province. 62 Mr. Romero's defense added the following:
49 Resolution No. 32 of the Superior Court of Justice of the Province of Corrientes, May 7, 2002. Annex to the Petitioner’s
communiqué dated July 10, 2008.
50 Resolution No. 32 of the Superior Court of Justice of the Province of Corrientes, May 7, 2002. Annex to the Petitioner’s
communiqué dated July 10, 2008.
51
Informed Recusation, April 25, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
52
Informed Recusation, April 25, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
53
Resolution No. 346 of Criminal Chamber No.2 of Corrientes, April 26, 2002. Annex to the Petitioner’s communiqué dated July
54
Resolution No. 346 of Criminal Chamber No.2 of Corrientes, April 26, 2002. Annex to the Petitioner’s communiqué dated July
55
Cassation Appeal, June 10, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
56
Cassation Appeal, June 10, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
57
Cassation Appeal, June 10, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
58
Cassation Appeal, June 10, 2002. Annex to the Petitioner’s communiqué dated July 10, 2008.
59
Resolution No. 493 of Criminal Chamber No.2 of Corrientes, June 13, 2002. Annex to the Petitioner’s communiqué dated July
60
Resolution No. 493 of Criminal Chamber No.2 of Corrientes, June 13, 2002. Annex to the Petitioner’s communiqué dated July
61
Request for Annulment, February 18, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
62
Request for Annulment, February 18, 2003. Annex to the Petitioner’s communiqué dated July 10, 2008.
10, 2008.
10, 2008.
10, 2008.
10, 2008.
9