Court rejects former minister's bid to disqualify judge in Metrobús case

A Paraguayan appeals court has rejected a request by former Public Works Minister Arnoldo Wiens to remove Judge Humberto Otazú from the Metrobús corruption case. Wiens, who is also seeking the presidential nomination for the ruling Colorado Party, had argued that Otazú's actions demonstrated a lack of impartiality.

Wiens' defense team claimed that the judge's procedural decisions created a reasonable doubt about his neutrality. They specifically pointed to the judge accepting the prosecution's indictment before resolving a pending motion to dismiss the case based on the statute of limitations. Wiens stated his intention was not to replace legal remedies but to ensure judicial impartiality.

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What motivates my approach is the objective sequence of procedural actions taken by the magistrate, which, considered as a whole, create in me a reasonable doubt regarding the necessary impartiality and distance that the judicial body must maintain with respect to the parties' positions.

However, the specialized appellate court disagreed, ruling that Otazú will remain on the case. The decision allows the legal proceedings related to the controversial Metrobús project to continue under the same judge, despite the political candidate's attempt to have him recused.

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What I question is that, based on a concrete succession of decisions, the Court has structured the procedure on the basis of the continuity of the accusation and the prosecution of the process, even when an exception of extinction of criminal action was pending resolution, which could precisely determine the opposite.