his expert opinion.” In this regard, the Court noted that it had previously granted
an extension for the presentation of the sworn statements of the proposed expert
witnesses, and that this new request would be a second extension to the deadline
for receiving them. Thus, on the instructions of the President, the request was
denied. The representatives and the State did not submit observations with regard
to Mr. Canova’s expert opinion.
11.
The public hearing took place on February 24, 2011, during the ninetieth
regular session of the Court8 held at its seat in San José, Costa Rica.
12.
The Court received an amicus curiae brief from the Association of the Bar of
the City of New York9 on the scope of judicial guarantees and effective judicial
protection in this case.
13.
In a note dated March 4, 2011, the Secretariat of the Court asked the
parties to submit with their final arguments the documentary and other evidence
related to supervening facts that were mentioned in the oral arguments presented
during the public hearing. In addition, on the instructions of the Court in plenary,
the parties were asked to answer certain questions on different issues concerning
this case.10
14.
On March 24, 2011, the representatives, the Inter-American Commission,
and the State submitted their final written arguments. On April 13, 2011, the
representatives forwarded the corresponding attachments to their final arguments.
On April 29 and May 2, 2011, the representatives and the Inter-American
Commission, respectively, presented their observations on the arguments and
evidence forwarded with the final arguments regarding the updated costs and
expenses, and their answers to the questions posed by the judges of the Court
during the public hearing. The State did not submit observations on the arguments
and evidence submitted by the other parties in their final arguments.
8
The hearing was attended by the following: (a) for the Inter-American Commission: Paulo
Sérgio Pinheiro, Commissioner, and Silvia Serrano Guzmán, advisor; (b) for the representatives: Carlos
Ayala Corao; Rafael Chavero Gazdik and María Daniela Rivero, and (c) for the State: Germán Saltrón
Negretti, Agent for the State for Human Rights; Enrique Sánchez, Lawyer of the Supreme Court of
Justice, and Luisangela Andarcia, State lawyer.
9
The brief was submitted on February 28, 2011, by Stephen L. Kass, of the Association of the
Bar of the City of New York, International Human Rights Committee (merits file, volume II, folios 744 to
768).
10
The Court in plenary posed one question to the Inter-American Commission: (1) Does the
Commission assume as a fact of the application any reference to the possible connection between Mrs.
Chocrón’s removal and the decision adopted with regard to General Martínez? The representatives of the
alleged victims were asked the following: (1) The Court’s case law has established some differences in
the scope of the right to be heard in relation to the scope of the right of defense. In this case, why was
the right to be heard violated? What is the difference between the argument submitted on the right of
defense and the argument on the right to be heard? (2) How long did Mrs. Chocrón serve in the post to
which she was appointed in 1982 as Judge Rapporteur of the First Instance Criminal Court of the Judicial
Circuit of the Federal District and Miranda State? It was requested that pertinent documentary evidence
be submitted, and (3) Was it argued in any of the administrative actions filed to defend Mrs. Chocrón in
the domestic sphere that her removal was related to the judicial procedure ordered in relation to General
Martínez? The State was asked the following questions: (1) If the “comments” made before the Judicial
Commission can serve as grounds for annulling the appointment of a provisional or temporary judge,
why does the State argue that they do not have a disciplinary connotation? (2) At the time of the facts in
this case; in other words, in 2002 and 2003, what were the Judicial Commission’s procedures for
appointing provisional and temporary judges? How are provisional and temporary judges appointed
currently? (3) What law authorizes the Judicial Commission to annul the appointment of provisional and
temporary judges? (4) Have public competitive examinations for posts been held since Mrs. Chocrón’s
appointment was annulled? and (5) At what stage is the process of implementing the Ethics Code for
Venezuela Judges? Have the disciplinary tribunals been established? If not, is there a timetable for their
establishment?
6