REPORT Nº 38/06 1
PETITION 549-05
ADMISSIBILITY
MERCEDES CHOCRON CHOCRON
VENEZUELA
March 15, 2006
I.

SUMMARY

1.
On May 15, 2005, the Commission received a petition initiated by the now deceased
Yadira Atía López, who was later replaced by Rafael J. Chavero Gazdik (hereinafter “the
petitioner”), claiming that the Bolivarian Republic of Venezuela had violated the right to due
process (Article 8), the right to participate in government (Article 23.1.c), the right to equal
protection (Article 24, and the right to judicial protection (Article 25), a well as rights based on
the representative democratic form of government (Article 29.c), considered together with the
general obligation established in Article 1.1 and the duty stipulated in Article 2 of the American
Convention on Human Rights (hereinafter the “American Convention"), to the detriment of Mrs.
Mercedes Chocrón Chocrón (hereinafter the “alleged victim”), who was dismissed from her
position as temporary judge on February 3, 2003 in Venezuela.
2. The petitioner alleged that the available domestic remedies were exhausted with the final
judgment issued by the Supreme Court of Justice on February 3, 2003. In response, the
Venezuelan State requested that the petition be declared inadmissible, since it held that the
alleged victim, in her capacity as a temporary judge, did not enjoy the benefits that a judicial
career confers on other judges, including stability in the exercise of public functions, hence her
rights had not been violated.
3. After analyzing the positions of the parties, the Commission concluded that it was
competent to decide on the complaint lodged by the alleged victim and her representative, and
that the case was admissible, pursuant to Articles 46 and 47 of the American Convention.
Consequently, the Commission decided to notify the parties and to publish this admissibility
report and include it in its Annual Report.
II.

PROCESSING BY THE COMMISSION

4. On May 15, 2005, the Commission received a petition from Yadira Atía López, who was later
replaced by Rafael J. Chavero Gazdik, on behalf of Mercedes Chocrón Chocrón against the
Bolivarian Republic of Venezuela. The IACHR assigned the petition number 549/05, forwarded
the relevant parts to the State on June 13, 2005, and granted it a period of two months from
the date of notification to submit the observations they deemed appropriate in accordance with
Article 30 of the Rules of Procedure of the IACHR.
5. On August 15, 2005, the Commission received the observations of the State, which were
forwarded to the petitioner on September 1, 2005.
6. On August 26 the Commission received from the petitioner the appendices to the complaint;
they were forwarded to the State, which was given one month to submit observations.
7. On September 28, 2005, the Commission requested information from the parties regarding
the specific legal framework regulating the appointment and dismissal of provisional judges,
alternate judges, and temporary judges, respectively.
8. On October 12, 2005, the IACHR received the response by the petitioner to the report of the
State, which was forwarded to the State on October 26, 2005.
9. On December 1, 2005, the petitioners sent additional information, which was submitted to
the State on December 15.
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Commissioner Freddy Gutiérrez, a Venezuelan national, did not participate in the deliberations and voting on this
report, pursuant to Article 17.2.a of the Commission’s Rules of Procedure.

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