Rafael Chavero Gadzik. 13 The change of object is not merely a formality, but affects its
essential content. 14 Therefore, in accordance with Article 49 of the Rules of the Court, the
request to substitute Mr. Rafael Chavero’s expert opinion with that of Mr. Domingo García
Belaúnde is declared inadmissible. Furthermore, it should be understood that, having
explained that Mr. Rafael Chavero has “prior ineludible commitments that […] prevent him
from rendering his expert opinion,” the representatives have withdrawn that evidence.
Therefore, it is unnecessary to rule on the challenge filed by the State against Mr. Rafael
Chavero.
B) Request to substitute a witness offered by the State
24.
In its answer brief the State offered the witness statement of Mr. Arcadio Delgado
Rosales, with the proposed object of discussing “[t]he System of selection, certification
and training of Venezuelan judges” (supra Having Seen 4). In its definitive list of
deponents and in the brief confirming the information included in that list (supra Having
Seen 13 and 18), the State confirmed this offer of evidence and, regarding the object,
added that it would also refer to “[c]ompetitive processes and credentials for Admission to
the Judicial Profession.” After submitting those briefs (supra Having Seen 25), the State
made a request to substitute the statement of the witness Arcadio Delgado Rosales with
that of Luis Fernando Damiani Bustillos, explaining that he would “discuss […] the object
confirmed” in the definitive list of deponents. In this regard, the State noted that on July
1, 2013 it received a communication “in which the witness, Magistrate Arcadio Delgado,
explained that he was unable to attend the hearing, either personally or by Affidavit, as he
had to fulfill a number of prior commitments, both in the Constitutional Chamber of the
High Court, and at the National School for Magistrates, and was also attending an event in
the city of Bogotá, Colombia, in his capacity as a member of the Coordination and
Monitoring Committee of the Ibero-American Judicial Summit.” Venezuela provided a copy
of the aforementioned communication of July 1, 2013 signed by Mr. Delgado Rosales.
25.
This Presidency has confirmed that the State offered said testimonial evidence at
the proper procedural moment. Similarly, its request for substitution meets the
requirements stipulated in Article 49 of the Rules of the Court (supra Considering para.
18). Venezuela provided a well-founded explanation of the reasons why Mr. Arcadio
Delgado Rosales could not render a witness statement and even provided a document
signed by him, stating his reasons. Furthermore, the substitution respects the object of
the witness originally offered. Likewise, the President emphasizes that, pursuant to the
Human Rights, according to the standards of Ibero-American Constitutional Law and with particular reference to
those standards insofar as these are accepted by the current Venezuelan Constitution.” In addition, his expert
opinion would discuss “the effects of the delay in processing the annulment of the actions demanded by
professor Brewer Carías in the proceeding against him, due process and other fundamental rights of the
latter, as well as other matters within his area of expertise.” (emphasis added)
13
The object of Mr. Chavero Gadzik’s statement was to discuss “the provisional judicial system in
Venezuela and its effects on judicial independence in cases of political interest to the government; the status
and provisional nature of the judicial system during the period between 2002 and 2005 and its development up
to the present day, with emphasis on any relevant amendments; and the provisional status of the Attorney
General’s Office of Venezuela and its relevance to the criminal proceeding against professor Brewer
Carías, and other matters within his area of expertise.” (emphasis added)
14
Cf. Case of Forneron and Daughter v. Argentina. Order of the President of the Court of September 13,
2011, Considering para. 33; Case of Gudiel Álvarez et al. v. Guatemala. Order of the President of the Court of
March 20, 2012, Considering para. 15, and Case of Mohamed v. Argentina. Order of the President of the Court
of June 4, 2012, Considering para. 52.
10