reason for presenting his recusal was that “in the 1980s, [he] was a professor of the Public
Law Institute of the Faculty of Legal and Political Sciences of the Universidad Central de
Venezuela, and Mr. Brewer Carías was its Director at the time; consequently, [he] had a
professional and work-related relationship with [Mr. Brewer Carías] as [his] superior, which
was, moreover, excellent.” Judge Vio Grossi added that, “[e]ven though all this was some
time ago, [he] would not want this fact to give rise to any doubt, however minimal, with
regard to the impartiality of both [him]self, and especially of the Court, if [he] took part in
the case in question.”
4.
In a communication of September 7, 2012, the President of the Inter-American Court
informed Judge Eduardo Vio Grossi that, “having consulted with the other judges of the
Court and pursuant to Articles 19 of the Court’s Statute and 21 of its Rules of Procedure,
[he] found it reasonable to accept his explanation and, consequently, accept[ed] his
recusal.”
5.
In the brief presented on November 12, 2012 (supra having seen paragraph 4), the
State, inter alia, indicated that it “rejects the recusal” of Judge Eduardo Vio Grossi. In this
regard, Venezuela affirmed that “this recusal […] is unfounded, because the work-related
dependence with regard to Mr. Brewer was more than 30 years ago, and furthermore, he
does not assert that, currently, there is conflict of interests owing to his friendship with the
lawyer Allan Brewer Carías, merely indicating that his professional and work-related
relationship was excellent.” The State also asserted that it “considers that [the said] recusal
[…] is due to pressure from other judges of the Court owing to his dissenting opinion in the
Raúl Díaz Peña judgment,” in which he included “considerations on the need to exhaust
domestic remedies.” Venezuela maintained that, in the case of Brewer Carías, the InterAmerican Commission had declared the petition admissible even though “the presumed
victim had not exhausted the domestic remedies […].” In this regard, the State indicated
that “[o]wing to the excellent contribution made by Judge Eduardo Vio Grossi [in the said
opinion], to respect for the provisions of the Convention, it is very clear that pressure has
been brought to bear on him by the Inter-American Court of Human Rights not to hear a
case in which the presumed victim has openly declared that he has not been willing to
submit to the jurisdiction of the Venezuelan State […].”
6.
Even though the said affirmations of the State concerning its “rejection” of the
recusal presented by a judge do not affect the way in which the brief filing a preliminary
objection, answering the submission of the case, and with observations on the motions and
arguments brief should be processed according to the Rules of Procedure, the Court finds it
necessary to rule in this regard before continuing to process the case.
7.
The Court advised Judge Eduardo Vio Grossi of that part of Venezuela’s brief in which
it “rejects the recusal presented” by this Judge. On November 23, 2012, Judge Vio Grossi
addressed a note to the President of the Court and, through him to the Court, in which he
stated his “most categorical” rejection of the affirmations made by Venezuela that the
recusal in question “was due to pressure by other judges of the Court” and indicated that
such affirmations “are absolutely false.”
8.
The pertinent part of Article 19 (Disqualification) of the Statute of the Inter-American
Court establishes that:
1.
Judges may not take part in matters in which, in the opinion of the Court, they or members
of their family have a direct interest or in which they have previously taken part as agents, counsel
or advocates, or as members of a national or international court or an investigatory committee, or
in any other capacity.
2