process […] so that her stability in the post is respected until the competitive
examinations are held for the posts in her category and judicial circuit.”
151. According to the State, “in this case, it is not appropriate to reinstate” the
victim “in the post that she held in the Judiciary, given her status as provisional
judge and her entry into the justice system without sitting the corresponding
competitive examination.” Consequently, it argued that “in this case, the rule of in
integrum restitutio ‘cannot’ be applied, and therefore other form of reparation must
be provided.” According to the State, “[a] measure of reparation that would be
appropriate and that would provide an opportunity for allowing the re-entry” of Mrs.
Chocrón Chocrón “to the exercise of judicial functions, consists in her registration
for the next competitive examinations to be held, provided that […] she indicates
her willingness to take part in the examination and meets the corresponding
requirements.”
152. The Court notes that, according to the State, it is not possible to order the
reinstatement of Mrs. Chocrón Chocrón as reparation, because she was serving as a
temporary judge. However, in the preceding chapters, the Court found that
provisional or temporary judges must enjoy all the benefits of permanence until a
resolutive condition occurs that would terminate their mandate legally (supra para.
105). Also, regarding permanence in the exercise of public office and its
relationship with the stability of judges, the Court reiterates its case law that the
proper response to the arbitrary removal of a judge is their reinstatement.187 In the
Reverón Trujillo case, the Court indicated that immediate reinstatement after an
arbitrary removal is the least damaging measure to satisfy both the objectives of
the judicial restructuring and the guarantee of tenure inherent in an independent
judiciary.188 And that, “this is so because, otherwise, the States could remove the
judges and thus intervene in the Judiciary without much expense or control.”189
Also, “this could instill fear in other judges, when they observe that their colleagues
are removed and then not reinstated, even when the removal was arbitrary. This
fear could also affect judicial independence, since it would encourage the judges to
follow instructions or to abstain from challenging both the appointing and the
sanctioning bodies.”190
153. Consequently, the Court declares that, in this case, the State must reinstate
Mrs. Chocrón Chocrón to a post similar to the one she held, with similar
remuneration, fringe benefits and seniority, to those she would have had today if
she been reinstated immediately. The State must implement this measure within
one year from notification of this judgment. The Court clarifies that the
reinstatement should be with the same temporary status that Mrs. Chocrón
Chocrón had when she was removed. However, this provisional status must be
understood as the Court has described it in this judgment (supra para. 105).
154. Nevertheless, if for reasons beyond the victim’s control, the State cannot
reinstate Mrs. Chocrón Chocrón in the Judiciary, it must pay her compensation, and
the Court establishes this, in equity, at US$30,000 (thirty thousand United States
dollars) or the equivalent in local currency, within six months of the decision
187
Cf. Case of Reverón Trujillo v. Venezuela, supra note 12, para. 123.
188
The Court also considered that “the adverse effect on the rights of the provisional judge who
was appointed following the victim’s removal was not excessive either, because it is reasonable that the
resolutive condition of the appointment of the new provisional judge would be interpreted as depending
on the validity of the removal of the previous judge. Cf. Case of Reverón Trujillo v. Venezuela, supra
note 12, para. 122.
189
Case of Reverón Trujillo v. Venezuela, supra note 12, para. 81
190
Case of Reverón Trujillo v. Venezuela, supra note 12, para. 81
47
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