2
the State must refrain from any undue interference in the Judiciary or its components; that
is, with regard to the person of the specific judge, and must prevent such interferences and
investigate and punish those who commit them. 6
5.
The right to be tried by an impartial judge or court is a fundamental guarantee of due
process and it must be ensured that the judge and court, in the exercise of their functions,
have the greatest possible objectivity when hearing a case.7 The Inter-American Court has
established that impartiality requires that the judge who intervenes in a dispute must
approach the facts of the case subjectively eliminating any prejudice and, thus, offering
sufficient guarantees of an objective nature to inspire the necessary confidence in the parties
to the case, as well as in the citizens in a democratic society.8 The court’s impartiality signifies
that its members do not have a direct interest, a preconceived position or a preference for
one of the parties, and are not involved in the dispute. 9
6.
In the case of Granier et al. v. Venezuela, with regard to the representatives’ argument
concerning the “lack of procedural probity of the actions of the Chambers of the Supreme
Court of Justice, thus revealing a total lack of independence of this highest judicial organ [as
well as] an evident misuse of public power,” the following points should be emphasized: (i)
the decision to seize RCTV’s assets was taken during proceedings on the application for
constitutional amparo and the action for joint and separate interest in which interim measures
had been requested. In one of those proceedings, the Supreme Court took, ex officio, and
without being asked, the decision to assign the use of the property owned by RCTV to TVes,
so that the latter could transmit throughout national territory; (ii) when the interim measure
was issued granting the use of the assets to CONATEL, TVes had only recently been created
and did not have the necessary infrastructure to transmit nationwide; thus, the Supreme
Court granted it, ex officio, the use of the assets owned by RCTV; (iii) the representatives of
RCTV were unable to take part in the proceedings directly because, even though the interim
measure took a decision on the use of the assets owned by RCTV, they were not summoned
to appear or served notice directly, and were only able to take part in the proceedings as
interveners, and (iv) seven years later, the interim measure continues in force, allowing the
State to use the assets owned by RCTV, without the Supreme Court taking any action to
decide on the objection to this interim measure.
7.
The action of the Supreme Court of Justice contributed to the decisions taken by organs
of the Executive in relation to reserving the right to use the spectrum initially assigned to
RCTV and the creation of a State-owned television channel, because the unspecific interim
measure was ordered by the Supreme Court in order to grant the recently created State
channel the assets it needed to operate.
the Prevention of Crime and Treatment of the Offenders, held in Milan from August 26 to September 6, 1985, and
confirmed by the General Assembly in its Resolutions 40/32 of November 29, 1985, and 40/146 of December 13,
1985.
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of
June 30, 2009. Series C No. 197, para. 146.
6
Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of
July 2, 2004. Series C No. 107, para. 171, and Case of Palamara Iribarne v. Chile. Merits, reparations and costs.
Judgment of November 22, 2005. Series C No. 135, para. 145.
7
Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of
July 2, 2004. Series C No. 107, para. 171; Case of Barreto Leiva v. Venezuela. Merits, reparations and costs.
Judgment of November 17, 2009. Series C No. 206, para. 98.
8
Cf. Case of Palamara Iribarne v. Chile. Merits, reparations and costs. Judgment of November 22, 2005. Series
C No. 135, para. 146, and Case of Usón Ramírez v. Venezuela. Preliminary objection, merits, reparations and costs.
Judgment of November 20, 2009. Series C No. 207, para. 117.
9
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