82. This Court agrees with what the Commission stated when it pointed out that the
possibility of the extension was envisaged in law and that Mr. Rico had not clearly explained
to what extent this fact adversely affected his right of defense. On the other hand, with regard
to the denial of certain evidence by the Impeachment Jury, this Court agrees with the
Commission when it states that the judicial decision must be based on grounds that are
"manifestly unreasonable or incompatible with the applicable standards" in order to constitute
a violation of judicial guarantees, which are not verified in the instant case. In this regard,
the Court notes that the Impeachment Jury stated that it had proceeded to admit "all the
testimonial statements that met the legal requirements set forth in Article 25 of the Procedural
Law". It added that those that "did not have an adequate legal framework" or that were
"manifestly inappropriate"57 were dismissed.
83. Consequently, this Court finds that the State is not responsible for a violation of Mr.
Rico's due process rights and, in particular, to his right of defense, due to the extension of
the procedural time limit and the partial inadmissibility of the testimonial evidence that he
submitted at trial.
84. Regarding the alleged violation of the right to appeal the decision to a higher court, this
Court refers to the analysis of the allegations related to the right to judicial protection in the
framework of which the Federal extraordinary appeal and motion for reconsideration filed by
Mr. Rico to challenge the decision of the Impeachment Jury will be analyzed.
B.5. Conclusion
85. In accordance with the foregoing considerations, the Court finds that the State is not
responsible for a violation of Mr. Rico’s judicial guarantees contained in Article 8 of the
American Convention.
VII. 2.
THE RIGHT TO JUDICIAL PROTECTION OF MR. RICO
A. Arguments of the parties and the Commission
86. The Commission alleged that after the judgment was issued in which Mr. Rico was
dismissed and declared ineligible for service in the judiciary, he filed an application for nullity,
a REF, and a motion for reconsideration. He argued that in none of the appeals filed, the
judicial bodies carried out a substantive analysis on the existence or not of violations to due
process in the sanctioning procedure. He affirmed that the debate was focused on the
possibility or not of filing an appeal, indicating that the REF was not well grounded. He also
argued that according to SCJN jurisprudence, the decisions of the Impeachment Juries may
be appealed, but that in the present case it was not possible to do so because no violations
of due process were proven. He pointed out that the latter decision rejected the admissibility
of an appeal because violations of due process were not proven, when this was precisely the
substantive matter that was intended to be evaluated through the aforementioned appeal. By
virtue of the foregoing considerations, the Commission concluded that the State violated the
right to judicial protection established in Article 25(1) of the Convention, to the detriment of
Mr. Rico. The representatives shared these arguments.
87. In this regard, the State argued that the extraordinary federal appeal filed in the instant
case was the appropriate and effective remedy in the domestic sphere to remedy any due
process violations that Mr. Rico may have suffered in the proceedings before the Impeachment
Decision of June 1, 2000 of the Jury of Impeachment of Magistrates and Officials of the Province of Buenos
Aires (evidence file, folio 6).
57
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