30
the informative statement of a reporter,108 which is not sufficient to consider it a
proven fact. Moreover, the representative submitted the opinion of two experts on
the annulment of the appointment of a STJ justice allegedly on the grounds of his
status as the rapporteur of a judgment describing as a “power vacuum”109 the events
of April 2002. The Court emphasizes that these expert opinions cannot, by
themselves, constitute complete proof that an event took place. These expert
opinions should be confronted with other elements of proof that should be added to
the file and be subject to challenge. The representative also maintained that the
number of magistrates of the STJ had been increased with the objective of “obtaining
[its] total control.” In this regard, the Court has verified that the STJ Organic Law
was passed on May 19, 2004, increasing the number of STJ justices from 20 to 32110
and that the National Assembly appointed said justices on December 13, 2004.111
One of the experts presented by the Commission stated that there was “an increase,
motivated by reasons that were unquestionably political in nature, in the number of
Justices of the Supreme Tribunal,”112 and, according to one of the persons who
provided an informative statement, the increase from 20 to 32 justices was “aimed
at regaining absolute control of the highest court;”113 however, the case file contains
no other evidence supporting the opinions of the aforementioned persons which, by
themselves, cannot be deemed sufficient to find that the highest court of a country is
controlled by the Executive Branch.
102. A third element consists of the inciting expressions allegedly uttered by
certain justices in favor of the President of Venezuela during the opening of the 2006
court term. As evidence, the Court has only found a reference in an informative
statement to “magistrates [who,] in the presence of the Chief of State, voiced
political remarks.”114 This statement fails to specify which were the alleged “political
remarks” or when were they expressed, and does not explain how they would impair
the independence of the Judiciary.
103. As the fourth element of context, the representative alleged the existence of
certain statements made by public officials that would point to the Executive
Branch’s interference with the Judiciary. In 2005, the then Chief Justice of the STJ
qualified the judges [that had just been] sworn in as “Bolivarian.” The Court notes
that the Justice’s exact words were as follows:
Today, 164 lawyers are being sworn in as republican and Bolivarian judges […]. As we
have already said, and we will say it again, we do not want judges who engage in political
proselytism. The Constitution forbids political affiliation in both justices of the Supreme
108
The informative deponent stated that “Arrieche (who had blocked the criminal proceedings
against the aforementioned military officers) and justices Alberto Martini Urdaneta, Rafael Hernández and
Orlando Gravina, of the Electoral Chamber (who found in favor of a presidential recall referendum), were
removed from their offices by the National Assembly, whether via removal or retirement.” Cf. statement of
Mr. López Albujas, supra note 55, p. 879.
109
Cf. declaration before a public notary (affidavit) by Mr. Román Duque Corredor, dated January
10, 2008 (File on the Merits, Book III, p. 871) and affidavit of Mr. Jesús María Casal Hernández, supra
note 99, p. 844.
110
Cf. article 2, STJ Organic Law, supra note 31.
111
Cf. Legislative Act of December 13, 2004, passed by the National Assembly and published on
December 14, 2004 in Official Gazette No. 38.086 (File of Annexes to the Application, Book II, Appendix
C.13, pp. 727 and 728).
112
Cf. affidavit of Mr. Casal Hernández, supra note 99, p. 841.
113
Cf. affidavit of Mr. López Albujas, supra note 55, p. 879.
114
Cf. declaration before a public notary (affidavit) by Mr. Alberto Arteaga Sánchez on January 17,
2008 (File on the Merits, Book III, p. 886).