2.
If a judge is disqualified from hearing a case or for some other appropriate reason
considers that he should not take part in a specific matter, he shall advise the President of his
disqualification. Should the latter disagree, the Court shall decide. […]
9.
Article 21 (Impediments, recusals and disqualifications) of the Court’s Rules of
Procedure stipulates, inter alia, that:
1.
Impediments, recusals, and the disqualification of judges shall be governed by the
provisions of Article 19 of the Statute and Article 19 of these Rules of Procedure.
2.
Motions for recusal or allegations of impediment must be filed prior to the first hearing of
the case. […]
10.
The Court understands that Judge Vio Grossi presented his recusal based on the fact
that a judge is empowered to disqualify himself from hearing a case if he considers that he
has a well-founded reason and in order to guarantee certainty of the impartiality of the
court that will hear the case. This faculty is established in the second paragraph of Article 19
of the Court’s Statute. The Court agrees with Judge Vio Grossi’s observations in his note of
November 23, 2012 (supra having seen paragraph 6), to the effect that, pursuant to Article
19(2) of this Court’s Statute, it is for the President of the Court and, eventually, the Court
itself, to decide whether to accept or reject a recusal presented by a judge, and that the
pertinent norms have not contemplated any manifestation by the parties in this regard.
11.
The decision to accept the recusal presented by Judge Eduardo Vio Grossi was
adopted by the President of the Court, in consultation with the other judges, pursuant to the
statutory provisions. The Court found it reasonable to accept his request, considering that
the motive given by Judge Vio Grossi was based on the excellent professional and workrelated relationship that he had with the presumed victim in this case (supra third
considering paragraph). Consequently, the Court confirms that Judge Vio Grossi’s recusal
from hearing this case was presented and accepted in strict observance of the statutory and
regulatory provisions that govern this matter.
12.
The State’s brief of November 12, 2012, also contains affirmations on alleged
“pressure” that “other judges of the Court” exercised on Judge Vio Grossi so that he would
not hear the case. The Court rejects the offensive and totally unfounded assertions made by
the State. Judge Vio Grossi himself, in a communication of November 23, 2012 (supra
having seen paragraph 6 and seventh considering paragraph), stated that “[s]uch
affirmations, made without any grounds and which, evidently are absolutely false,
constitute, in [his] opinion, an offense to the Court and to its members,” and “also offend
[him] additionally, because they suppose that he would have succumbed to this type of
pressure and that, consequently, this could happen again in the future, in other cases.”
13.
On other occasions, 1 Venezuela has been advised that the use of offensive
expressions is manifestly inappropriate and inadmissible in any judicial proceeding, and
especially before an international court. Under ordinary circumstances, the use of offensive
expressions would result in the brief containing them being returned to whosoever had
presented it, without processing it in any way, ordering them to use appropriate language.
1
Cf. Case of Chocrón Chocrón v. Venezuela. Order of the acting President of the Inter-American Court of
Human Rights of September 3, 2010, seventh considering paragraph; Case of the Barrios Family v. Venezuela.
Order of the acting President of the Inter-American Court of Human Rights of April 14, 2011, eleventh considering
paragraph; Case of Nestor José and Luis Uzcátegui et al. v. Venezuela. Order of the acting President of the InterAmerican Court of Human Rights of June 24, 2011, eleventh considering paragraph; Case of Díaz Peña v.
Venezuela. Order of the acting President of the Inter-American Court of Human Rights of June 24, 2011, eleventh
considering paragraph, and Case of Castillo González et al. v. Venezuela. Order of the acting President of the InterAmerican Court of Human Rights of November 25, 2011, eleventh considering paragraph.
3