definitive.166 The defense counsel then filed a remedy of complaint, which was granted by the
Superior Court and which indicated to the Chamber that the petitioner had complied with his
procedural duty by explaining the reasons that would invalidate the decision and that it was
not a mere subjective discrepancy.167 In view of the above, the file was remitted to the
Chamber to continue the legal process.
155. Mr. Romero Feris was subsequently convicted and the defense counsel filed a writ of
cassation alleging, as one of the grounds, the lack of competence of the temporary member
of the Chamber.168 This recourse was granted.169 However, before being resolved by the STJC,
the defense counsel presented a motion of nullity questioning the legality of the temporary
appointment of judges to the Chamber, again arguing that it was contrary to Article 142.
Nonetheless, the STJC held a hearing for a drawing to choose the judges who would comprise
the Chamber and the defense counsel filed an appeal of clarification against that decision,
which was rejected on the grounds that there was no material error or omission.170
156.
The alleged victim requested the revocation of that decision, disputing not only the
temporary appointment, but also the action of the STJC President, who signed the decision.
The STJC rejected the motion of nullity and that of revocation with the arguments that the
President had acted within his legal authority to issue procedural orders and to resolve related
issues and that the temporary appointment was a decision of the Executive Branch, which
could not be challenged judicially. The STJC explained that it was constitutional since the
special sessions that the defense counsel mentioned were not held in opposition to the law.
Lastly, it pointed out that the petition had become moot since the STJC was now comprised
of its permanent members.171
157. The defense counsel filed an REF against that decision.172 He also presented two
motions of nullity, on different dates, requesting a new composition of the court.173 The STJC
rejected the appeals of cassation, of nullity and the REF. Specifically, it decided: (a) to declare
moot the issue on the integration of the STJC since the court is now comprised of permanent
members; (b) to reject the writs of cassation filed against the decision of the Criminal
Chamber on the alleged errors in classifying the offense and in denying of certain elements
of evidence and (c) to reject the issues regarding the temporary judges and the appointment
of the Examining Magistrate, justifying its legality and pointing out that those issues had
already been the object of another three decisions of the same court.174
158. The defense counsel filed an REF against that decision,175 which was granted by the
STJC176 and which the CSJN declared inadmissible.177
159. The Court, thus, considers that the courts admitted and processed at least eight of the
ten recourses filed by the alleged victim. In those decisions, the authorities responded to each
of the matters in question and resolved them with substantiations and an analysis of the
claims in accord with the applicable norms. The fact that the appeals were not resolved, in
166
Cf. Second Criminal Chamber, Order N° 134 of March 14, 2002 (evidence file, f. 370).
167
Cf. STJC, Resolution N° 32 of May 7, 2002 (evidence file, fs. 394 to 395).
168
Cf. Writ of cassation of June 10, 2002 (evidence file, fs. 419 to 497).
169
Cf. Second Criminal Chamber, Order N° 493 of July 13, 2002 (evidence file, f. 499).
170
Cf. STJC, Resolution N° 3550 of May 7, 2003 (evidence file, f. 515).
171
Cf. STJC, Resolution N° 33 of July 31, 2003 (evidence file, fs. 527 to 533).
172
Cf. Special Federal Recourse of June 26, 2003 (evidence file, fs. 535 to 580).
173
Cf. Motion of absolute nullity of August 7, 2003 (evidence file, fs. 581 to 584).
174
Cf. STJC, Judgment N° 23 of April 7, 2004 (evidence file, fs. 585 to 613).
175
Cf. Special Federal Recourse of April 28, 2004 (evidence file, fs. 614 to 695).
176
Cf. STJC, Resolution N° 142 of September 15, 2004 (evidence fil, fs. 697 to 710).
177
Cf. CSJN, Judgment of February 13, 2007 (evidence file, f. 725).
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