Supreme Court of Justice, two members of the Council of the Judiciary, two senators
and two representatives (supra paragraph. 27).
61. This Court has already heard cases related to the dismissal of judicial authorities
through mixed composition bodies, in which parliamentarians participate, and has
analyzed the possible interference that these could cause to the principle of judicial
independence.68 Along the same lines, this Court stated that the guarantees of due
process established in the American Convention are applicable in the substantiation of
this type of proceedings.69 Article 8 of the Convention establishes the guidelines of the
due legal process, which is made up of a set of requirements that must be observed in
order to be able to speak of effective and appropriate judicial guarantees so that a person
may defend himself adequately in the face of any kind of act of the State that affects his
rights.70 In this sense, in its settled case law, this Court has stated that any public
authority, whether administrative, legislative or judicial, whose decisions may affect the
rights of individuals, is required to adopt these decisions with full respect for the
guarantees of due process of law.71
62. In this regard, it is important to analyze the particularities of the Paraguayan Jury
for the Impeachment of Magistrates. Regarding the composition of this body, the JEM
has a mixed nature since it is composed of eight members: four from the Judicial Branch
and four from the Legislative Branch. This shows that the proportion of jurors coming
from the Legislative Branch is not a majority and is modulated by the requirement
expressly established by Article 253 of the Constitution that jurors coming from the
Legislative Branch must be lawyers. Likewise, the procedure and operation of the JEM is
regulated by Law No. 1084 and, supplementarily, by the rules of the Civil Procedural
Code.72 Law No. 1084 contains taxable grounds as grounds for indictment and
subsequent conviction, contained in Article 12 of Law No. 1084: commission of crimes
or poor performance of duties. In turn, the cause of poor performance of duties is
described in Article 14, which lists 19 conducts. Law No. 1084 also establishes a
procedure initiated by complaint, but which is conducted ex officio. The accusation is
communicated to the accused party, who may present their answer and, if there are
disputed facts, evidence can be presented. In addition, the procedure involves an oral
and public hearing where the evidence is substantiated, and the parties present their
arguments. Subsequently, it is established that the jury must render a final judgment.
Cf.,inter alia, Case of the Constitutional Court v. Peru. Merits, Reparations, and Costs. Judgment of
January 31, 2001. Series C No. 71, paras. 71 to 85; Case of the Supreme Court of Justice (Quintana Coello et
al.) v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 28, 2013. Series
C No. 268, paras. 165 a 222; Case of Colindres Schonenberg v. El Salvador. Merits, Reparations, and Costs.
Judgment of February 4, 2019. Series C No. 373, paras. 88 to 90; Case of Rico v. Argentina. Preliminary
Objections and Merits. Judgment of September 2, 2019. Series C No. 383, paras. 52 to 73, and Case of Ríos
Avalos et al. v. Paraguay. Merits, Reparations, and Costs. Judgment of August 19, 2021. Series C No. 429,
paras. 118 to 134.
68
69
Cf. Case of the Constitutional Court v. Peru, supra, para. 77, and Case of Ríos Avalos et al. v. Paraguay,
supra,para. 95.
Cf. Case of the Constitutional Court v. Peru, supra, para. 69, and Case of Habbal et al. v. Argentina.
Preliminary Objections and Merits. Judgment of August 31, 2022. Series C No. 463, para. 59.
70
Cf. Case of the Constitutional Court v. Peru, supra, para. 71, and Case of Former Employees of the
Judiciary v. Guatemala. Preliminary Objections, Merits, and Reparations. Judgment of November 17, 2021.
Series C No. 445, para. 65.
71
72
Cf. Article 21 of Law no. 1084: "The liability trial procedure shall be governed by the provisions of this
law and, supplementarily, by the rules of the Code of Civil Procedure and complementary laws, insofar as they
are applicable [...]".
20