11
organs” was necessary,24 adopted on December 15, 1999 the Constitución de la
República Bolivariana de Venezuela [Constitution of the Bolivarian Republic of
Venezuela] (hereinafter “the Constitution”). As far as the Judiciary was concerned,
the Constitution provided for the establishment of disciplinary tribunals, the statutory
framework of which would be found in the Código de Ética del Juez Venezolano o
Jueza Venezolana [Venezuelan Code of Judicial Ethics]25 (hereinafter “the Ethics
Code”). Furthermore, in its transitory provisions the Constitution ordered that within
one year of its installation, the National Assembly was to enact legislation regarding
the Judicial system, and that “[u]ntil [an organic law on public defense] is passed,
the CORJS shall be in charge of the development and effective functioning of the
Sistema Autónomo de la Defensa Pública [Autonomous Public Defender System].”26
27.
Two weeks after the new Constitution was adopted, the Constitutional
Assembly issued a decree on the “Régimen de Transición del Poder Público”
[“Transitional Scheme for Exercising Public Powers”],27 under which the CORJS was
set up. Such body was provisionally granted, among other powers, “the judicial
disciplinary jurisdiction, which is the competence of disciplinary Tribunals, pursuant
to Article 267 of the Constitution […] until the National Assembly enacts legislation
establishing disciplinary procedures and tribunals.”28
28.
At the same time the CORJS was set up, the Inspectoría General de
Tribunales [Inspectorate General of Courts] (hereinafter “the IGC”), was established
as an “ancillary body to the CORJS […], to inspect and oversee the Courts of the
Republic, and to gather evidence for the disciplinary proceedings against judges and
other court officials.” The IGC conducts the pertinent investigation and, if it deems
disciplinary infringements to have been committed, it reports the case to the
CORJS.29
29.
The jurisdiction of the CORJS as the judicial disciplinary organ, and therefore
that of the IGC as its ancillary body, was confirmed on August 2, 2000 by the STJ30
and in the year 2004 by the Ley Orgánica del Tribunal Supremo de Justicia [STJ
Organic Law], although such jurisdiction was always dependent on the creation of
24
Cf. decree whereby the reorganization of all the Government Organs is declared on August 12,
1999, issued by the Constitutional Assembly, published on August 13, 1999 in Official Gazette No. 36.764
(Evidence file, Book I, Annex A.2, p. 71).
25
Cf. article 267 of the Constitution. Furthermore, the Constitution established that the Corte
Suprema de Justicia [Supreme Court of Justice] was to be replaced by the STJ (Articles 253 and 262), and
that entry into the judicial career was to be through public competitive selection processes (Article 255).
26
Cf. fifth part of the fourth temporary provision of the Constitution.
27
Cf. decree whereby the Transitional Scheme for Exercising Public Powers is established of
December 29, 1999, issued by the Constitutional Assembly, published on March 28, 2000 in Official
Gazette No. 36.920 (Evidence file, Book I, Annex A.6, pp. 108 to 119).
28
Cf. article 24 of the Decree whereby the Transitional Scheme for Exercising Public Powers is
established, supra note 27.
29
Cf. articles 29 to 33 of the Decree whereby the Transitional Scheme for Exercising Public Powers
is established, supra note 27; articles 16 to 18 of the Rules of Procedure of the CORJS of March 28, 2000,
published in Official Gazette No. 36.925 of April 4, 2000 (Evidence file, Book XII, pp. 4067 to 4069).
30
Cf. Normativa sobre la Dirección, Gobierno y Administración del the Poder Judicial [Rules and
Regulations for Directing, Governing and Managing the Judiciary] issued on August 2, 2000 by the STJ,
published on August 15, 2000 in Official Gazette No. 37.014 (Evidence file, Book VI, Annex D, pp. 1385 to
1403).