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).