will examine whether the procedural guarantees were respected. Lastly, the Court will rule on
the arguments relating to the violation of the protection of honor and dignity, and to equal
protection by the law.
B.3.1. Judicial independence and the impeachment of Messrs. Ríos Ávalos
and Fernández Gadea
110. The analysis of the actions taken in the instant case allows the Court to note that, in the
indictment filed against the three justices who were originally subject to impeachment, the
Chamber of Deputies included 20 charges that it considered constituted “improper
performance of their functions.”119 Subsequently, once the proceedings before the Senate
sitting “as a court” had commenced, the Indictment Committee withdrew several of those
charges and ratified five in order to continue processing the impeachment of the presumed
victims (cases 1, 2 and 4 with regard to Justice Fernández Gadea, and cases 1, 2, 7 and 14
with regard to Justice Ríos Ávalos). For its part, the Senate “t[ook]note of the […] withdrawal
by the prosecution” and continued the proceedings.120 Also, at the start of the session of
December 12, 2003, the Senate was informed of Justice Luis Lezcano Claude’s resignation121
and consequently excluded him from its final decision.122
111. Therefore, the subsequent impeachment proceedings and, in particular, the final decision
taken by the Senate referred to the five aforementioned charges contained in the articles of
impeachment filed against the presumed victims.
112. The examination of each of these five charges reveals that they all, without exception,
referred to decisions delivered by the defendants in the exercise of their jurisdictional functions
as justices of the Supreme Court of Justice (supra paras. 32 and 33). Consequently, these
were judicial decisions that, in general according to the indictment, the Chamber of Deputies
had considered to be “[violations of the Constitution and the law, attacks against the principle
of the separation of, and balance between, the powers, abuse of authority and rupture of the
institutional framework].”123
113. It is worth mentioning that, during the impeachment proceedings, on several occasions
during the debates before the Chamber of Deputies and the Senate, the issue was addressed
of the authority of the Legislature to “review” decisions issued by the judicial authorities as
part of their inherent functions. Accordingly, when proposing the draft articles of
impeachment, the argument was made that the Chamber’s intention was not to review the
said decisions, but rather to “evaluate whether […] they ha[d] been issued in keeping with the
Constitution and the law.”124 Then, during the debate before the Senate, it was indicated that
the intention of this organ was not to revoke judicial decisions, but rather to “refer” to certain
Cf. Resolution No. 134 of the Chamber of Deputies of the National Congress of the Republic of Paraguay of
November 18, 2003, and Statement of reasons (evidence file, volume V, annex 5.1. to the answering brief, folios
10556, 10558 to 10560, 10562 to 10569, 10571 to 10582 and 10593 to 10595).
120
Cf. Transcript of the session of the Senate of the National Congress of the Republic of Paraguay of December
3, 2003 (evidence file, volume V, annex 4.5. to the answering brief, folios 10345, 10345, 10350 to 10353 and 10356
to 10360).
121
Cf. Transcript of the session of the Senate of the National Congress of the Republic of Paraguay of December
12, 2003 (evidence file, volume V, annex 4.7. to the answering brief, folios 10486 to 10546).
122
Cf. Resolution No. 134 of the Senate of the National Congress of the Republic of Paraguay of December 12,
2003 (evidence file, volume I, annex 8 to the Merits Report, folios 77 and 78).
123
Cf. Resolution No. 134 of the Chamber of Deputies of the National Congress of the Republic of Paraguay of
November 18, 2003, and Statement of reasons (evidence file, volume V, annex 5.1. to the answering brief, folio
10562).
124
Cf. Transcript of the session of the Chamber of Deputies of the National Congress of the Republic of Paraguay
of November 18, 2003 (evidence file, volume I, annex 7 to the Merits Report, folio 49).
119
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