48
175. In connection with the allegations of the State, the Court verifies that, indeed,
various judges from the CPAM disqualified themselves for the purposes of hearing
the claim brought by the two victims. Thus, Judge Hadel Mostafá Paolini, appointed
Judge-Rapporteur for the purposes of deciding on the admissibility of the appeal and
the amparo action,192 had also acted as rapporteur in the decision that determined
the commission of an “inexcusable judicial error.”193 Moreover, Judge Levis Ignacio
Zerpa and Yolanda Jaimes Guerrero were members of this Chamber at the time such
error was admitted.194 Lastly, Judge Evelyn Marrero Ortíz was a member of the First
Court at the time of the decision whereby the victims were removed from office.195
176. However, it was not until September 29, 2005, 22 months after the appeal
was filed, that Judges Yolanda Jaimes Guerrero and Hadel Mostafá Paolini expressed
their will to disqualify themselves; so did Judges Evelyn Marrero Ortiz and Levis
Ignacio Zerpa on October 18, 2005, and March 2, 2006, 23 and 28 months later,
respectively. All disqualifications were admitted on December 20, 2006.196
177. In that regard, the Court finds that even though it could be argued that
processing and ruling on the disqualification of four judges from a 5-member tribunal
hinders the ordinary development of proceedings, a delay of more than 20 months in
filing the related disqualifications and more than 1 year in ruling thereon is
excessive.
178. As to the activity carried out by the CPAM, the Court finds that it took 3
years, 4 months and 22 days to declare the appeal admissible. This period is
excessive considering that it involves a relatively simple procedural act whose only
purpose is to verify compliance with admissibility requirements.197
179. Furthermore, the Court notes that at the public hearing, Mr. Rocha indicated
that “the [CPAM] has not yet released the notices for summoning the interested
parties; once these notices are released, we must have them published with the
press to notify any interested party and continue with the proceedings.”198
Furthermore, Mr. Apitz stated that “notices [were] being released for the [CORJS],
the Attorney General, and the Public Prosecutor’s Office.”199 These statements were
not challenged by the State.
180. On the other hand, the State filed an information statement regarding “the
duration of judicial proceedings before the [CPAM].” Such statement shows statistical
figures that reflect the result of the Chamber’s activities. Furthermore, the witness
stated that despite “intense jurisdictional activity,” such Chamber has “the highest
judgment record,” in any event, “there are still many old cases.”200 The State
produced this evidence but did not provide sufficient argumentative support thereon,
192
Cf. judgment No. 535 of April 18, 2007, rendered by the ad-hoc CPAM, supra note 184, p. 3832.
193
Cf. judgment No. 809 of May 29, 2003 issued by the CPAM, supra note 38, p. 1007.
194
Cf. judgment No. 809 of May 29, 2003 issued by the CPAM, supra note 38, p. 1034.
195
Cf. judgment No. 1430 of June 11, 2002, rendered by the First Court, supra note 37, p. 3176.
196
Cf. judgment No. 535 of April 18, 2007, rendered by the ad-hoc CPAM, supra note 184, p. 3833.
197
Cf. judgment No. 535 of April 18, 2007, rendered by the ad-hoc CPAM, supra note 184, p. 3845
and 3846.
198
Cf. testimony of Mr. Rocha, supra note 144.
199
Cf. testimony of Mr. Apitz, supra note 137.
200
Cf. declaration before a public notary (affidavit) by Mrs. Sofía Yamile Guzmán on January 10,
2008 (File on the Merits, Book III, pp. 762 to 792).
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