6
Contencioso Administrativo [Second Court of Administrative Disputes].
Witness proposed by the State. He testified, inter alia, about his relation to
the case of the alleged victims and his incorporation to the Judiciary as
Second Court Judge.
g)
Param Cumaraswamy, United Nations Special Rapporteur of the
Commission on Human Rights on the Independence of Judges and Lawyers
(between 1994 and 2003). Expert witness proposed by the Commission. He
testified, inter alia, about the guarantees that a state must afford judges
under the rule of law to secure their independence and the separation of
powers, how those guarantees should be understood in relation to provisional
judges, and the rules governing appointment and removal of judges.
h)
Jesús María Casal Hernández, lawyer and legis doctor. Expert witness
proposed by the Commission. He informed, inter alia, on the Venezuelan
domestic law governing the Judiciary, the alleged lack of guarantees to secure
the independence of the Judiciary and the separation of powers, how those
guarantees should be understood in relation to provisional judges, and the
rules governing appointment and removal of judges in Venezuela.
i)
Román Duque Corredor, former Judge of the Chamber for Political and
Administrative Matters of the STJ. Expert witness proposed by the
Commission. He informed, inter alia, on the Venezuelan domestic law
governing the functions of the Judiciary, the error of law as grounds for
disciplinary sanction, the alleged lack of guarantees to secure the
independence of the Judiciary and the separation of powers, how those
guarantees should be understood in relation to provisional judges, and the
rules governing appointment and removal of judges in Venezuela.
j)
Edgar José López Albujas, journalist specialized in judicial affairs.
Informative deponent proposed by the representative. He referred, inter alia,
to the events surrounding the removal of the First Court judges.
k)
Alberto ArteagaSánchez, professor of Criminal Law. Informative
deponent proposed by the representative. He referred, inter alia, to the
detention of chauffeur Alfredo Romero, the entry and search of the seat of the
First Court, and the alleged accusations made by political officers through the
radio and the television against the First Court judges.
13.
The Court notes that the representative stated that “Venezuelan notaries
working for the Ministry of Foreign Affairs and Justice refused to receive and certify
the testimonies of María Constanza Cipriani Rondón, […] Edgar López, Jesús María
Casal, and Alberto Arteaga Sánchez, which could only be certified by the Consul of
Costa Rica in Caracas.” The State did not contest the foregoing.
14.
To this respect, the Court regrets the attitude of those notaries that refused
to receive said testimonies, especially due to the fact that they exercise a public
service with which they are required to comply without discrimination, all the more
when considering that their work affects the proceedings before this Tribunal.
Furthermore, the Court recalls that, according to Article 24(1) of the Rules of
Procedure, the States Parties to a case have a duty to “facilitate compliance with
summonses by persons who either reside or are present within the territory.” The
persons mentioned by the representative in the previous paragraph were summoned
by the President of the Court to render testimony before a notary public and the