31
Tribunal and all other judges of Venezuela. We do not want judges who are sympathetic to
the opposition party or the Government. We want judges who will respect and guarantee
the enforcement of the Constitution of the Bolivarian Republic of Venezuela. That was the
intended meaning of my words.115
104. The second statement was apparently made by a representative of the
National Assembly, who allegedly said that:
Even though we representatives hold the power over this choice, the President of the
Republic was consulted and his opinion was very much taken into consideration […] Let’s
be clear, we are not going to score goals against our own team. The list included eligible
people from the opposition party. The opposition could have used them to reach an
agreement at these last sessions, but chose not to do so. So we are not going to be
doing that for them. There is no one in the group of candidates who will go against our
interests.
105. The last statement was taken from a February 8, 2007 interview of Mrs. Luisa
Estella Morales, a former judge of the First Court, in which she stated as follows:
It is a secret to no one that, at the time we [she and former judge of the First Court
Evelyn Marrero] left the Judiciary the historical and political circumstances that
surrounded the Tribunal led the country, perhaps not to an upheaval, but to a series of
readjustments within the Judiciary… We needed to leave.116
106. As regards these statements, the Court notes that the first one was provided
by the representative out of context; however, if viewed as a whole, it rather
appears to deny the interference it is intended to prove. As regards the second
statement, the evidence submitted to this Court to prove that the Assembly
representative did actually make such statements consists of the statement of Mrs.
Ruggeri117 and that of Mr. Edgar José López Albujas.118 No copy of the original
document from which Ruggeri and López obtained the information was made
available to this Court. Accordingly, the Court cannot verify that the statement was
indeed made as indicated. Lastly, the Court finds the statement of judge Morales to
be ambiguous, with it failing to conclusively demonstrate the influence of the other
branches of government on the Judiciary.
107. Lastly, the representative submitted an expert opinion that makes reference
to a pattern of instances of dismissal or removal of judges for political reasons,119 but
the case file contains no evidence on which the Court can verify such opinion, which,
in and of itself, is insufficient to deem the alleged pattern as an established one.
108. All of the above having been taken into consideration, the Court has only
been able to verify that the number of justices of the Supreme Tribunal was indeed
increased and that certain statements were indeed made by public officials or
members of the Judiciary. However, that is not grounds for the Court to reach any
conclusion whatsoever regarding the existence of the alleged interference of the
Executive Branch with the Judiciary. Neither does the file of the instant case contain
conclusive evidence that the Judiciary has been the subject of ideological “cleansing.”
115
Cf. newspaper article entitled “TSJ otorgó la titularidad a 164 jueces ‘bolivarianos’” [“STJ grants
tenure to 164 ‘Bolivarian’ judges”], supra note 13.
116
Cf. newspaper article entitled “Morales dirigirá con amplias facultades el Poder Judicial” [“Morales
will lead the Judiciary Power with ample authority”] published on February 8, 2007 in El Universal on
February 8, 2007 (Evidence file, Book V, p. 1349).
117
Cf. affidavit of Mrs. Ruggeri, supra note 33, p. 744.
118
Cf. affidavit of Mr. López Albujas, supra note 55, p. 879.
119
Cf. affidavit of Mr. Duque Corredor, supra note 109, p. 867.