rulings regarding which it “maintain[ed] that these violated the Constitution or the law, or
[that the justices indicted] had exceeded their authority.”125
114. In this regard, the Court reiterates that the impeachment and subsequent dismissal of
the presumed victims were based on charges related to judicial decisions that the National
Congress, through the two Chambers, did not have the authority to review. Essentially, the
mention of an “evaluation” or a “referral” aimed at determining whether, in the opinion of the
deputies and the senators, these decisions had been issued in keeping with the law and the
Constitution constituted a review of their content. Therefore, the Legislature had assumed the
authority to question the legal criteria and the legal interpretation made in the votes and
opinions expressed by the judicial authorities when issuing those decision, all of which is
prohibited, in congruence with the considerations in this judgment (supra paras. 107 and
108). The foregoing does not preclude members of other branches of the State, based on the
nature of their political task, issuing criticism or opinions on judicial decisions, a matter that,
to the extent that it is not a hidden mechanism of external pressure and does not determine
the removal of judicial authorities, does not involve an attack on the latter’s inherent
independence.
115. Ultimately, the content of those judicial decisions was the determinant factor when
drawing up the articles of impeachment and, subsequently, when deciding to dismiss the
presumed victims. Moreover, in addition to entailing failure to respect the express prohibition
established in article 255 of the Paraguayan Constitution, it represented a serious infringement
of judicial independence because it failed to uphold the guarantees of irremovability and
protection against external pressures which safeguard the function of judges and that it is the
State’s duty to defend (supra para. 87).
116. Therefore, the actions of the Legislature arbitrarily violated the tenure of Justices
Bonifacio Ríos Ávalos and Carlos Fernández Gadea, thereby violating judicial independence
and, as indicated in this judgment and in the Court’s consistent case law, it also prejudiced
the democratic order.126
117. Consequently, the Court considers that the impeachment proceedings and the
subsequent dismissal of the presumed victims based on decisions issued in exercise of their
judicial functions, without proving that these were arbitrary or irrational, entailed a violation
of the judicial independence established in Article 8(1) of the American Convention.
B.3.2. Judicial guarantees in relation to judicial independence
B.3.2.1. The right to an impartial authority
118. This Court has considered that the guarantee of impartiality requires that the judge who
intervenes in a particular dispute must approach the facts of the case free of any subjective
prejudice and also offer sufficient guarantees of an objective nature to exclude any doubts
that the justiciable or the community may entertain as to his or her lack of impartiality.127
Thus, this guarantee means that the members of the court, or of the authority in charge of
the proceedings, should not have a direct interest, preconceived position, or preference for
Cf. Transcript of the session of the Senate of the National Congress of the Republic of Paraguay of November
26, 2003 (evidence file, volume V, annex 4.3. to the answering brief, folio 10168).
126
Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, supra, para. 155, and Case of
López Lone et al. v. Honduras, supra, para. 192 and 201.
127
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra, para. 44, and
Case of Urrutia Laubreaux v. Chile, supra, para. 118.
125
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