45
160. The Court notes that it was the Venezuelan lawmaker who established that
the term set forth in the law is the one that must be adhered to when a matter such
as that analyzed herein is involved and, therefore, domestic authorities are expected
to comply with those terms. In the instant case, Venezuela has offered no
explanation whatsoever specifying the reasons why the STJ needed more than nine
months to solve the matter.
161. Based on the considerations above, the Court finds that the State violated the
right to be heard within a reasonable term, as set forth in Article 8(1) of the
Convention, in accordance with Article 1(1) thereof, to the detriment of Mr. Apitz and
Mr. Rocha.
7.3.
Appeal for annulment and precautionary measure of amparo against
the order for removal from office
162. On November 27, 2003, Mr. Apitz and Mr. Rocha filed with the CPAM an
administrative appeal for annulment together with a precautionary measure for
amparo against an order for removal from office issued by the CORJS (supra para.
38).181 On September 29, 2004, the appellants requested that “the appeal and
precautionary measure be admitted” and “expressed their interest in furthering
proceedings until final completion.”182 On September 20, 2005, and October 10,
2006, the appellants restated their petition for admissibility of the appeal.183
163. On April 18, 2007, the CPAM found the constitutional amparo action
inadmissible and declared “admissible the administrative appeal for annulment for
the sole purpose of processing and verification by the Substantiating Court regarding
the lapse of the application.”184 To the date of the present Judgment, the CPAM has
not rendered any decision on the merits of the case.
164. The Commission alleged that it took “more than three years” for the Courts to
reject the appeal for constitutional amparo, and “more than four years after its filing,
no judgment on the merits was rendered.” The Commission added that for the
victims these circumstances purport “a defenselessness and denial of justice
situation, which persists to this date.” Furthermore, the Commission held that “the
fact that more than three years have elapsed without a substantive solution shows
that it takes an unreasonable amount of time to obtain judicial protection, especially
when juxtaposed with the fact that the victims were prosecuted and sanctioned in a
period of less than a month.”
165. The representative stood by the comments of the Commission and added that
“given the low complexity of the matters brought before the courts in the instant
case, evidently the appeal has not been decided within a reasonable term.”
Moreover, it indicated that “the Court had 3 days to grant the appeal for annulment;
however, as said appeal had been filed together with a precautionary measure of
constitutional amparo, the Court had to solve the latter ‘forthwith.’”
181
Cf. annulment appeal filed together with precautionary measure of amparo by Messrs. Apitz and
Rocha, supra note 53.
182
Cf. petition filed by Messrs. Apitz and Rocha on September 29, 2004, with the CPAM (Evidence
file, Book VI, Annex B, p. 1373).
183
Cf. petitions filed by Messrs. Apitz and Rocha on September 20, 2005, and on October 10, 2006,
with the CPAM (Evidence file, Book VI, Annex B, pp. 1374 and 1375).
184
Cf. judgment No. 535 of April 18, 2007, rendered by the ad-hoc CPAM (Evidence file, Book XVII,
p. 4983).
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