3 addressed by the Commission, the representative affirmed, inter alia, that the body that ordered the removal “limite[d] itself to execute an express or implied order of the President of the Republic” and that “the First Court judges […] were removed on strictly political grounds to pave the way for government-friendly judges and the political ideology of the current Government.” He also stated that the alleged victims “were submitted to an unprecedented procedure lacking all the guarantees of due process” and added that “such procedure is not the usual treatment conferred to other judges who have shown clear leanings toward the values of the political party now in office.” The representative finally concluded that, besides the articles mentioned by the Commission, the State had violated the rights provided for in Article 23 (Right to Participate in Government), 24 (Right to Equal Protection) and “the rights deriving from the representative democracy as a form of government (Article 29(c) of the Convention) and the Inter-American Democratic Charter in connection with the provisions of Article 29(d) of the Convention,” all in relation to the general obligations enshrined in Articles 1(1) and 2 thereof. 5. On April 23, 2007, the State submitted a brief containing a preliminary objection, an answer to the application and comments on the brief containing pleadings and motions (hereinafter the “answer to the application”). The State raised a preliminary objection based on the alleged failure to exhaust domestic remedies. On the other hand, the State pointed out that “the performance of the First Court […] had been highly questioned;” this being the reason why “it would be inaccurate to sustain that the petitioners had been removed for political reasons when the [removal of the judges] was based on the improper performance and negligence of the members of the First Court in public office.” The State appointed Ms. Mayerling Rojas Villasmil as Agent1 and Mr. Enrique Sánchez as Deputy Agent.2 6. Pursuant to Article 37(4) of the Rules of Procedure, on June 20 and 26, 2007, the Commission and the representative, respectively, submitted their written arguments related to the preliminary objection raised by the State. 1 On January 10, 2007, the Ministerio del Poder Popular para las Relaciones Exteriores (Ministry of People’s Power for Foreign Affairs) of Venezuela appointed Ms. Mayerling Rojas Villasmil as “Agent to represent the Venezuelan State.” On April 20, 2007, Mr. Germán Saltrón Negretti, Agent for the State in charge of Human Rights issues arising before the Inter-American and International Systems, attached to the Ministry of People’s Power for Foreign Affairs, notified that he had been appointed in such capacity in substitution for Ms. Rojas Villasmil and informed that Mr. Larry Devoe Márquez had been appointed Deputy Agent. On April 23, 2007, Ms. Rojas Villasmil, acting as “State Agent,” filed an answer to the application. On April 25, 2007, Mr. Saltrón Negretti, also acting as “State Agent,” filed a different answer to the application and, on April 27, 2007, “he ratif[ied that] the State [would] be represented by [himself], thus rendering the appointment of [Ms.] Mayerling Rojas Villasmil ineffective.” On April 27, 2007, Mr. Jorge Valero, Viceministro para América del Norte y Asuntos Multilaterales (Vice-Minister for North America and Multilateral Affairs) of Venezuela stated that “the appointment of citizen Ms. Rojas Villasmil as State Agent [was] ratified.” On May 4, 2007, Mr. Saltrón Negretti “ratif[ied that] the State [would] be represented by [himself], thus rendering the appointment of [Ms.] Mayerling Rojas Villasmil ineffective.” Therefore, the Ministry of People’s Power for Foreign Affairs of Venezuela was requested to state who the State Agent actually was. In reply to said request, on May 10, 2007, Mr. Nicolás Maduro Moros, Minister of Popular Power for Foreign Affairs “ratif[ied] the appointment of citizen Mayerling Rojas Villasmil as State Agent for the [instant] case.” Taking this last notice into consideration, the Court decided that Ms. Rojas Villasmil had been appointed State Agent in the instant case, and, therefore, the parties were informed that the briefs submitted by Mr. Germán Saltrón Negretti would not be processed. 2 Cf. brief of the State of January 9, 2008, received on January 14, 2008 (File on the Merits, Book III, p. 698).

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