23(1)(c) and 11 of the Convention, which protect the right to participate in government and
the right to privacy. He asserts that Article 24 of the Convention, which guarantees the right
to equal protection of the law, was also violated because only certain Supreme Court Justices
were impeached on the basis of judicial decisions made by all nine of them.
50.
The jurisprudence of the inter-American system of human rights indicates
that the rights protected in Article 8 of the American Convention may be applied not only to
criminal trials, but also to administrative or other kinds of proceedings. Thus, taking into
consideration the relationship between judicial guarantees and the independence of the
judicial power as one of the essential elements of the rule of law, the lack of application of
certain guaranties to the process undertaken to remove the petitioner of his position as
Supreme Court Justice could constitute a violation of Article 8 of the Convention. Furthermore,
the lack of a ruling on the constitutionality challenges filed by the petitioner may tend to
establish a violation of Article 25 of the Convention, regarding the availability of a remedy to
challenge the legality of a proceeding to remove the Justice from his post.
51.
Based on the previous considerations, the IACHR concludes that the reported
facts may constitute violations of the right to a fair trial and the right to judicial protection
established in Articles 8 and 25 of the American Convention, in connection with Articles 1(1)
and 2 of that instrument. At the same time, the Commission does not find that the petitioner
has presented evidence that would tend to establish a violation of his right to privacy, his
political rights or his right to equal protection of the law, as established, respectively, in
Articles 11, 23(1)(c) and 24 of the Convention.
52.
In light of the foregoing facts, the IACHR does not find that the petition is
“manifestly groundless or obviously out of order,” and finds that, prima facie, the petitioner
has met all the requirements of Articles 47(b) and 47(c) of the American Convention on
Human Rights.
V.
FINAL CONSIDERATIONS
53.
Considering that the alleged facts of this petition are similar to those of
petition 969-03 presented by Bonifacio Ríos Ávalos, who was removed from his post as
Supreme Court Justice in Paraguay during the same impeachment trial and through the same
Resolution, pursuant to Article 29(d) of its Rules of Procedure, the Commission has decided
to join this case to petition 969-03 and process them together during the merits stage.
VI.
CONCLUSIONS
54.
The commission concludes that it is competent to hear this case and that
the petition is admissible according to Article 46 and 47 of the American Convention.
55.
Based on the arguments of fact and law presented above, and without prejudging as to the merits of the case,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To declare the present case admissible with regard to the alleged violations
of the rights recognized in Articles 8 and 25 of the American Convention, in relation to Articles
1(1) and 2 thereof.
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