not happen. Suspension of the act would have been sought so that Mrs. Reverón could
participate with all the special benefits derived from her status as a judge. The petitioner
states that the State’s attitude is contrary when it alludes to a competitive examination that
has never been called much less held.
B.
The State
17. In its brief dated November 10, 2005, the State indicated that pursuant to Article 17 of the
Organic Law of the Supreme Court of Justice, the National School of the Magistracy is the
training center for judges and other civil servants in the judicial branch. The State emphasized
that the orders of the Political-Administrative Chamber, when ruling on the appeal filed by Mrs.
Reverón, consisted of the evaluation of the judge during the entire period she was in the
judiciary and that her entry into the judicial branch would be ordered after she passed the
competitive examination to be opened for that purpose.
18. The State indicates that Mrs. Reverón did not ask to be included in the Special Program for
Regularization of Tenure (PET) carried out by the National Magistracy School during the
months of August and September 2005. However, the State indicates that once Mrs. Reverón
completes her formal evaluation application at that school, she will be included as a participant
in the Program for Regularization to be carried out during November and will be called to
participate in the Public Competitive Examination provided she meets the requirements
established in the Provisions for Evaluation and Competitive Examinations for Entry and
Promotion in the Judicial Career now in effect.
19. Further, the State added that entry to the judicial career is based on a system of public
competitive examinations, as provided by Article 255 of the Constitution of the Bolivarian
Republic of Venezuela. 11 Consequently, the State indicates that Mrs. Reverón Trujillo “had to
indicate her desire to participate in the respective competitive examination, given the
appellant’s status as a judge at the time she filed her challenge.” On this basis, the State asks
that the petition be ruled inadmissible.
IV.
ANALYSIS OF JURISDICTION AND ADMISSIBILITY
A.
Jurisdiction
i.
The Commission’s jurisdiction ratione personae, ratione loci, ratione temporis
and ratione materiae
20. The petitioner is authorized by Article 44 of the Convention to file complaints with the
IACHR. The petition indicates as the alleged victim Mrs. María Cristina Reverón Trujillo.
Therefore, the Commission has jurisdiction ratione personae to examine the petition. With
respect to the State, the State ratified the American Convention on August 9, 1977.
21. The Commission has jurisdiction ratione loci to hear the petition, in that it alleges
violations of rights protected under the American Convention that would have taken place
within the territory of a State Party to that treaty.
22. The IACHR has jurisdiction ratione temporis in that the obligation to respect and guarantee
the rights protected under the American Convention were already in effect for the State on the
date on which the events alleged in the petition would have occurred.
11
Political Constitution of the Bolivarian Republic of Venezuela. Article 255. Entry to the judicial career and promotion
of judges shall be through public competitive examinations that ensure the suitability and excellence of the
participants who shall be selected by the judicial circuit courts, in the manner and under the conditions established by
law. The appointment and swearing in of judges is the responsibility of the Supreme Court of Justice. The law shall
guarantee citizen participation in the procedure for selecting and appointing judges. Judges may only be removed or
suspended from their positions through procedures expressly provided for in the law. The law shall promote the
professionalization of judges and universities shall collaborate in this goal, by organizing the corresponding judicial
specialization in university law studies. Judges are personally liable, under the terms established by law, for unjustified
error, delay or omissions, for substantial failure to adhere to procedural norms, for denial, partiality, and for crimes of
corruption and prevarication they commit in the performance of their duties.
5