the application of a sanction resulting from an error, but is a decision based on
opportuneness.”95
2.2.
Appointment of Mrs. Chocrón Chocrón as a temporary judge
77.
From 1982 to 2003, Mrs. Chocrón Chocrón held several temporary posts
within the Judiciary. The time spent in these posts adds up to approximately six
years and four months as a judge in the Judiciary.96
78.
On October 28, 2002, by Decision No. 2002-1162, the Judicial Commission
appointed Mrs. Chocrón Chocrón Judge of the First Instance Court of the Caracas
Metropolitan Area Criminal Judicial Circuit “on a temporary basis,” owing to the
resignation of the judge who had been occupying this post. The Judicial Commission
founded her appointment on “the urgency of filling the vacancies that had occurred
in the country’s different courts, to avoid bringing judicial proceedings to a
standstill, and having examined the credentials of the applicants.”97 Subsequently,
95
Judgment No. 2414 of the Constitutional Chamber of the Supreme Court of Justice, supra note
79, folio 5786.
96
Mercedes Chocrón Chocrón entered the Judiciary as Judge Rapporteur of the Ninth Criminal
Court of First Instance of the Federal District and Miranda State Judicial Circuit. Mrs. Chocrón Chocrón
was appointed to that post on February 15, 1982, and held it “approximately” until the end of 1984. Cf.
certification issued on October 25, 1982, by the Ninth Criminal Court of First Instance of the Federal
District and Miranda State Judicial Circuit (file of attachments to the application, volume I, attachment
17, folio 437 and file of attachments to the answer to the application, volume XII, attachment 28, folio
5880); testimony given by Mercedes Chocrón Chocrón on April 1, 2011, on post held as Judge
Rapporteur of the Ninth Criminal Court of First Instance of the Federal District and Miranda State Judicial
Circuit (merits file, volume II, folio 874); income tax withholding slips from January 1, 1983, to
December 31, 1983, of the beneficiary Mercedes Chocrón Chocrón (merits file, volume II, folio 878), and
income tax withholding slips from January 1, 1984, to December 31, 1984, of the beneficiary Mercedes
Chocrón Chocrón (merits file, volume II, folio 877). Certification that, from May 13 to June 28, 1991
(that is, for 47 days), Mrs. Chocrón Chocrón served as a substitute for the Permanent Judge of the
Nineteenth Superior Criminal Court of the Federal District and Miranda State Judicial Circuit. Cf.
certification issued on July 25, 1991, by the Nineteenth Superior Criminal Court of the Federal District
and Miranda State Judicial Circuit (file of attachments to the application, volume I, attachment 18, folio
439 and file of attachments to the answer to the application, volume XII, attachment 28, folio 5881).
Subsequently, from 1994 to 1997, Mrs. Chocrón worked as Temporary Judge in her capacity as First
Associate Judge of the Sixteenth Criminal and Public Patrimony Oversight Court of the Caracas
Metropolitan Area Judicial Circuit. In point of fact, Mrs. Chocrón served from September 19 to October 4,
1994; from December 12, 1994, to January 23, 1995; from June 23 to September 29, 1995; from
February 12 to 29, 1996; from March 27 to June 20, 1996, and from February 17 to May 14, 1997. Cf.
certification issued on December 22, 1999, by the Sixteenth Criminal and Public Patrimony Oversight
Court of the Caracas Metropolitan Area Judicial Circuit (file of attachments to the application, volume I,
attachment 19, folio 441 and file of attachments to the answer to the application, volume XII,
attachment 28, folio 5882). In 1996 and 1997, Mrs. Chocrón served as a temporary and provisional
judge in her capacity as Second Substitute of the Thirty-second Criminal Court of First Instance. She
occupied this post from June 25 to September 30, 1996, and from September 15 to October 3, 1997. Cf.
certification issued on July 23, 1999, by the Thirty-second Criminal and Public Patrimony Oversight Court
of the Caracas Metropolitan Area Judicial Circuit (file of attachments to the application, volume I,
attachment 20, folio 443 and file of attachments to the answer to the application, volume XII,
attachment 28, folio 5883). In addition, Mrs. Chocrón was appointed Second Associate Judge of the
Thirty-seventh Court of the Caracas Metropolitan Area Criminal Circuit from October 26 to November 10,
1998, and from December 21, 1998, to February 2, 1999. Cf. certification issued on July 16, 1999, by
the Thirty-seventh Court of the Caracas Metropolitan Area Criminal Circuit (file of attachments to the
application, volume I, attachment 21, folio 445 and file of attachments to the answer to the application,
volume XII, attachment 28, folio 5879). Also, from 1999 to 2001, Mrs. Chocrón served as First Associate
Judge of the Transitory Criminal Proceedings Regime. She held that post from July 30, 1999, to April 3,
2001. Cf. Special issue of the Official Gazette of the Bolivarian Republic of Venezuela No. 5,370, Decision
No. 75 of July 16, 1999, page 45 (file of attachments to the application, volume I, attachment 22, folio
447 and 448) and certification issued on April 3, 2001, by the Regional Administrative Directorate of the
Capital District of the Judiciary’s Executive Directorate indicating that Mrs. Chocrón had served as
regular Judge of First Instance of the Transitory Criminal Proceedings Regime from July 30, 1999, to
April 3, 2001 (file of attachments to the application, volume I, attachment 23, folio 452).
97
Cf. Decision No. 2002-1162 of the Judicial Commission of the Supreme Court of Justice of
October 28, 2002, (file of attachments to the answer to the application, volume XII, folios 5870 to 5872
25