Prosecutor 122 of the Public Prosecution Service of the Metropolitan Area of Caracas, María
Alejandra Pérez, had been mandated “to act together with or separately from the Sixth
Prosecutor.” 66
81.
It should also be noted that the supervisory judges were either provisional or
temporary. In fact, initially Twenty-fifth Temporary Judge Josefina Gómez Sosa had
intervened in relation to the events of April 11, 12 and 13, 2002. On February 3, 2005, this
judge was replaced by Judge Manuel Bognanno. 67 On June 29, 2005, the appointment of
Twenty-fifth Judge Manuel Bognanno was annulled, 68 and he was replaced by Judge José
Alonso Dugarte Ramos in the First Instance Court of the Criminal Judicial Circuit of the
Metropolitan Area of Caracas. 69 In 2006, María Lourdes Fragachan took over as supervisory
judge 70 and, subsequently, Judges José Alonso Dugarte Ramos 71 and Máximo Guevara
Rizquez intervened. 72
82.
Several of the judges have been removed from their functions owing to decisions
they issued during the criminal proceedings in this case. For example, two appeals judges
were suspended from their posts without pay by decision No 2005-0015, of February 3,
2005. 73 This decision states the following:
“Having seen the public uproar resulting from the non-unanimous decision of the 10th
Chamber of the Court of Appeal of the Criminal Judicial Circuit of the Metropolitan Area of
Caracas revoking the preventive measure of prohibition to leave the country, which the
Twenty-fifth Supervisory Court of the same Criminal Judicial Circuit had issued against the
persons accused by the Public Prosecution Service of the offense of civil rebellion, this
Judicial Commission observes that the said Chamber founded its decision on the failure to
motivate the decision appealed, and instead of returning the case file to the original court
for the error to be corrected, which was inexcusable, it admitted it as a reason to annul
the said preventive measure.”
83.
In the said decision No 2005-0015, the Judicial Commission decided to suspend
Judge Josefina Gómez Sosa from her functions without pay and to appoint the lawyer
Manuel Bognanno to replace her. 74 Subsequently, temporary judge Manuel Bognanno was
removed from his post 75 after denouncing to the Superior Prosecutor the irregularity
66
Note of Prosecutor 122 of the Public Prosecution Service of the Metropolitan Area of Caracas (file of
annexes to the answering brief, folio 16970).
67
Decision No. 2005-0015 of the Supreme Court of Justice de Caracas, of February 3, 2005 (file of annexes
to the motions and argument brief, tome VI, folio 7098).
68
Decision of the Supreme Court of Justice of June 29, 2005 (file of annexes to the motions and argument
brief, tome VI, folio 7105). This decision indicated: “the appointment of the following professionals is annulled
[…]: [...] the lawyer Manuel Antonio Bognanno […], temporary judge of the First Instance Court of the criminal
judicial circuit […], owing to observations made before this court.”
69
Table of appointments and replacements of judges and prosecutors of the Venezuelan Judiciary (file of
annexes to the merits report, tome III, folio 1142).
70
Record of the Twenty-fifth Court of June 20, 2006 (file of annexes to the answering brief, folio 17435).
71
Record of the Twenty-fifth Court of July 27, 2006 (file of annexes to the answering brief, folio 17580).
72
Record of the Twenty-fifth Court of September 27, 2006 (file of annexes to the answering brief, folio
17774).
73
Decision that appears in the case file on folio 7097.
74
First operative paragraphs of the Resolution of the Judicial Commission of February 3, 2005 (folio 7097 of
the file).
75
Resolution 2005-1045 of the Judicial Commission of June 29, 2005 (which appears on folio 7105 of the
file), annuls the appointment of Judge Manuel Antonio Bognanno Palmares.
20
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos