44
168. The State indicated that “the alleged victim, in her statement offered in the
public hearing of the present case, tried to ignore the payment of the indemnification
for her years of service, arguing an alleged non-conformity with the amount paid in a
timely manner,” but that “[t]here is no element whatsoever that serves as grounds
for the alleged non-conformity of the alleged victim with the amount of the
indemnification paid for her years of service.”
169. In the case file before the Court there is an “Indemnification for years of
service” of February 22, 2006, which has not been objected nor has its authenticity
been questioned; the same indicated that Mrs. Reverón Trujillo was paid off for a
work period from July 21, 1999 to February 26, 2002 with an amount of Bs.
28,777,936.74 (twenty-eight million seven hundred and seventy seven thousand
nine hundred and thirty-six with 74/100 bolivars). That amount includes the
interests for delayed payment covering the period from February 27, 2002 to
February 15, 2005. In this settlement it can be verified that Mrs. Reverón Trujillo
signed under the following wording:
With the signing of the present form, I spread upon the record my conformity with the
amounts and concepts received from the Executive Office of the Magistracy by virtue of the
settlement of the work relationship I maintained with this body, reason for which there is
nothing to demand, either for the concepts paid on this opportunity or for any other concept
derived from the work relationship.177
170. Likewise, as stated by the witness Valero Rodríguez, there is no evidence that
the victim made any complaint or stated her non-conformity with the amount
received.
171. Therefore, the Tribunal concludes that Mrs. Reverón Trujillo was in fact paid off
by the State for the services offered between the years 1999 and 2002.
172. In what refers to the income perceived by Mrs. Reverón Trujillo for her shares
in different Venezuelan and foreign corporations, the State forwarded a “sworn
statement of assets”, which in effect proves the victim’s property of several shares in
different corporations.178
173. Now, the Court considers that the settlement for the indemnification for the
years of service refers only, to the years of service as a provisional judge and does
not include the salaries and social benefits not received as of the moment of her
dismissal. On the other hand, Mrs. Reverón Trujillo’s condition as shareholder refers
to the income she received privately and not as a public employee, and therefore
irrelevant to this case. In this sense, through the payment of said settlement and the
patrimonial means available to Mrs. Reverón, the wages and work benefits not
received are not satisfied.
174. Consequently, the Tribunal, taking into account the evidence on the salary and
the indemnification for the years served perceived by the victim,179 and considering
177
Cf. settlement of indemnification for years of service issued by the Executive Office of the
Magistracy on February 22, 2006 (dossier of annexes to the respondent’s plea, Volume II, annex 55, folio
2941).
178
Cf. sworn statement of assets offered by Mrs. Reverón Trujillo on September 9, 1999 (dossier of
annexes to the respondent’s plea, Volume II, annex 56, folios 2953 through 2963).
179
Cf. evidence of the withholding of income taxes issued by the Administrative Office of the
Judiciary Council and the Executive Office of the Magistracy between the years 1999 and 2002 (annexes
to the Final Written Arguments of the Representatives, Volume III, folios 3530, 3535, 3537, and 3542)
and documents regarding the salary, indemnification for years of service, and interests issued by the
Executive Office of the Magistracy between the years 1999 and 2002 and interests on delayed payments
from the year 2002 through 2005, issued by the Executive Office of the Magistracy (annexes to the
respondent’s plea, Volume II, annex 55, folios 2943 through 2949).
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