they were appointed: discretionally.79 69. When assessing the situation of the provisional status of judges in Venezuela in the case of Reverón Trujillo, the Court indicated that, “from August 1999 until [2009], provisional judges did not have stability in their posts; they are appointed discretionally and can be removed without being subject to any pre-established procedure.”80 In addition, at the time of the facts of the Reverón Trujillo case (from 2002 to 2004) – around the same time as the facts of the Chocrón Chocrón case (2003 and 2004) – “the percentage of provisional judges in the country was approximately 80%.” However, “[i]n 2005 and 2006, a program was implemented by which these provisional judges appointed discretionally were able to obtain their permanence. The number of provisional judges had fallen to approximately 44% by the end of 2008.”81 70. The file of this case includes a speech inaugurating the 2010 judicial year, in which the President of the Supreme Court of Justice82 stated that “a total of 1,900 judges […] constitute [the] judicial personnel throughout the country.”83 Regarding the results of the work of the Judicial Commission, she reported that “during 2010, […] 206 provisional judges, 858 temporary judges and 315 judges pro tem were appointed.” In this regard, the President clarified that “these appointments are not the result of new posts of judge, but rather they respond to vacancies that have occurred in the existing structure of the Judiciary and do not necessarily entail the creation of new courts; rather, most of them fill the need to continue serving the public.” In particular, she indicated that, during 2010, the Judicial Commission had “annulled 67 appointments of provisional or temporary judges and ordered the precautionary suspension of 40 permanent judges.” With regard to the Restructuring and Operation Commission, the SCJ President mentioned that, in 2010, “106 final rulings [were delivered]; namely, 23 reprimands, 13 suspensions, 40 removals, 21 declarations of responsibility, and 9 acquittals.”84 71. According to the information mentioned in this speech by the President of the SCJ of Venezuela, the Court observes the following: (i) in 2010, the Judicial Commission appointed 1,064 provisional and temporary judges, which represents 56% of all the judges in Venezuela, based on a total of 1,900 judges throughout the country, and (ii) the Judicial Commission annulled 67 appointments and the CFRSJ filed 40 disciplinary procedures that ended in removal. For his part, expert witness Canova indicated that “a review […] of the decisions of the Judicial Commission published on the [SCJ] website in 2010 […] revealed that at least 58 provisional and temporary judges from different judicial circuits in Venezuela and of different categories or levels were removed [by the said Commission] in this free, discretionary manner […] without a prior proceeding or justification.”85 79 Cf. judgment No. 2414 of the Constitutional Chamber of the Supreme Court of Justice of December 20, 2007 (file of attachments to the answer to the application, volume XII, attachment 18, folios 5783). 80 Case of Reverón Trujillo v. Venezuela, supra note 12, para. 106 81 Cf. Case of Reverón Trujillo v. Venezuela, supra note 12, para. 106. 82 Speech by the President of the Supreme Court of Justice inaugurating the judicial year. 2010 Annual Report on the Venezuelan Judiciary (merits file, volume II, folios 914 to 931). 83 Speech by the President of the Supreme Court of Justice inaugurating the judicial year, supra note 82, folio 915. 84 Speech by the President of the Supreme Court of Justice inaugurating the judicial year, supra note 82, folio 925. 85 Affidavit prepared by expert witness Antonio Canova González on January 20, 2011 (merits file, volume II, folio 636). 22