30
56.22) On May 14, 1997, the Evaluation Sub-Committee submitted its report
to the Congressional Permanent Committee, recommending it to proceed
with an impeachment proceeding34;
56.23) On May 19, 1997, the President of Congress convened Justices
Aguirre Roca, Rey Terry, Revoredo Marsano and Nugent to a private hearing
on the following May 2335;
56.24) On May 23, 1997, the Congressional Permanent Commission adopted
by a majority “the report of the [Evaluation S]ub-committee and [proposed]
to the plenum that one of the three sanctions established in article 100 of the
Constitution should be applied”; in the presence of the full Congress, it also
appointed three congressmen to constitute the Impeachment SubCommittee; Manuel Aguirre Roca’s defense counsel intervened before the
plenum; lastly, Justice Aguirre Roca filed a recourse before the Permanent
Commission36;
56.25) On May 28, 1997, the Impeachment Sub-Committee presented the
articles of impeachment to the full Congress, and the defense counsel
submitted their arguments.
The same day, the plenary decided, by
legislative resolutions Nos. 002-97-CR, 003-97-CR and 004-97-CR, to dismiss
the Constitutional Court justices, Manuel Aguirre Roca, Guillermo Rey Terry
and Delia Revoredo Marsano, respectively, for delivering the decision on
clarification requested by the Lima Bar Association37;
56.26)
On June 5, 1997 Justice Manuel Aguirre Roca requested the
President of Congress to notify him of the dismissal decision against him; the
following day, the President forwarded this communication to him38;
34
Cf. Report of the Evaluation Sub-Committee on the impeachment proceeding, dated May 14,
1997, Tome I, Annex 19.
35
Cf. Letter of the President of the Congress of the Republic of Peru to Justice Manuel Aguirre Roca
of May 19, 1997, Tome III; Annex 10; and presentation of the articles of impeachment by the
Impeachment Sub-Committee to the Congress of the Republic, Tome I, Annex 19.
36
Cf. Articles 99 and 100 of the Peruvian Constitution, promulgated on December 29, 1993, Tome I,
Annex 1; record of the discussion of the Congressional Permanent Commission in which the Impeachment
Sub-Committee was appointed on May 23, 1997, Tome I, Annex 19; letter from the justices of the
Constitutional Court, Ricardo Nugent, Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo
Marsano to the President of the Evaluation Sub-Committee of May 14, 1997, Tome III, Annex 8; and
remedy filed by Justice Manuel Aguirre Roca before the Congressional Permanent Commission on May 23,
1997, Tome III, Annex 12.
37
Cf. Article 100 of the Peruvian Constitution, promulgated on December 29, 1993, Tome I, Annex
1; record of the discussion of the Congress of the Republic in which it was agreed to dismiss Justices
Aguirre Roca, Rey Terry and Revoredo Marsano, of May 28, 1997, Tome I, Annex 19; voting list of the
Congress of the Republic for the session of May 28, 1997, Tome I, Annex 19; list of those present with
their votes at the session of the Permanent Commission of the Congress of the Republic of May 28, 1997,
Tome I, Annex 19; legislative resolutions of the Congress of the Republic Nos. 002-97-CR, 003-97-CR and
004-97-CR, published in the official gazette, El Peruano, on May 29, 1997, Tome I, Annex 20; expert
report of Jorge Avendaño Valdéz before the Inter-American Court, on November 22, 2000; and technical
opinion of Enrique Bernales, dated November 23, 2000.
38
Cf. Brief of Justice Manuel Aguirre Roca to the President of Congress, submitted on June 5, 1997,
Tome III, Annex 14; and official letter from José F. Cevasco Piedra to Manuel Aguirre Roca No. 254-97OM/CR, dated June 6, 1997, Tome III, Annex 15.