ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
NOVEMBER 29, 2012
CASE OF BREWER CARÍAS v. VENEZUELA

HAVING SEEN:
1.
The communication of July 11, 2012, addressed to the President of the InterAmerican Court by Judge Eduardo Vio Grossi, in which the latter recused himself from
participating in the case of Brewer Carías.
2.
The letter of September 7, 2012, addressed to Judge Eduardo Vio Grossi by the
President of the Inter-American Court, in which, in consultation with the other judges of the
Court, he accepted the recusal presented by Judge Vio Grossi from taking part in this case
as a judge.
3.
The notes of the Secretariat of the Court of September 12, 2012, in which it advised
the parties and the Inter-American Commission on Human Rights of the said recusal of
Judge Vio Grossi, and that it had been accepted.
4.
The brief of the Bolivarian Republic of Venezuela (hereinafter “the State” or
“Venezuela”) received by the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court” or “the Court”) on November 12, 2012, in which, inter alia, it indicated its
“rejection” of the recusal presented by Judge Vio Grossi.
5.
The Order issued on November 23, 2012, by the acting President of the Court, Judge
Alberto Pérez Pérez, concerning the objection filed by the State against Judges Diego
García-Sayán, Manuel E. Ventura Robles, Leonardo A. Franco, Margarette May Macaulay and
Rhadys Abreu Blondet.
6.
The brief of November 23, 2012, addressed to the President of the Inter-American
Court by Judge Eduardo Vio Grossi in which the latter referred to the observations of the
State when “rejecti[ng]” his recusal in this case (supra having seen paragraph 4).
CONSIDERING THAT:
1.
The Inter-American Commission submitted this case to the consideration of the Court
on March 7, 2012.
2.
Venezuela has been a State Party to the American Convention on Human Rights
hereinafter “the American Convention” or “the Convention”) since August 9, 1977, and
accepted the contentious jurisdiction of the Court on June 24, 1981. The Court’s
competence in this case has not been challenged.
3.
In a letter addressed to the President of the Inter-American Court and received by
the Court on July 11, 2012, Judge Eduardo Vio Grossi recused himself from hearing this
case and asked that his recusal be accepted, “pursuant to the provisions of Article 19(2) of
the Court’s Statute and 2 of its Rules of Procedure.” Judge Vio Grossi indicated that the

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