45.
Therefore, the Court finds that the alleged fact that may have been the
reason for the annulment of Mrs. Chocrón Chocrón’s appointment does not form
part of the factual framework of the application in this case.
46.
In relation to the representatives’ argument regarding the existence of a
pattern of specific cases of the removal of judges for political motives, the Court
recalls that, in order to analyze a pattern of this type, the Commission must have
developed specific arguments based on which the respective case is placed in this
context,37 and it failed to do so in this matter. Additionally, having established that
the alleged reason for the removal of the alleged victim does not constitute a fact in
the application, the subsequent analysis of the constitution of an alleged context of
the removal of judges for political motives is not appropriate in this case.
47.
Based on the above, the Court concludes that it is not appropriate to rule on
facts alleged by the representatives that were not submitted as such in the
Commission’s application.
VII
RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION AND
POLITICAL RIGHTS IN RELATION TO THE OBLIGATIONS TO RESPECT AND
GUARANTEE RIGHTS AND TO ADOPT DOMESTIC LEGAL PROVISIONS
48.
Regarding the alleged violation of Articles 8,38 25,39 1(1)40 and 241 of the
American Convention, the Commission indicated that “the facts of this case provide
another example of the problems resulting from the provisional status of judges in
the process of transition of the Judiciary in Venezuela.” In particular, the
Commission considered that “the transitional regulations applied to the [alleged]
victim (which centered on the authority granted to the Judicial Commission […]) do
not meet international standards on judicial independence and guarantees of due
process.” It also indicated that “this case reflects the harmful effects that the lack
of guarantees in the transition process of the Judiciary in Venezuela has had in
relation to the exercise of due process of law and the access to effective remedies.”
37
Cf. Case of Cabrera García and Montiel Flores v. Mexico, supra note 13, para. 59.
38
Article 8(1) of the American Convention (Fair Trial) establishes that:
Every person has the right to a hearing, with due guarantees and within a reasonable time,
by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
39
Article 25(1) of the American Convention (Right to Judicial Protection) establishes that:
Everyone has the right to simple and prompt recourse, or any other effective recourse, to a
competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even
though such violation may have been committed by persons acting in the course of their
official duties.
40
Article 1(1) of the American Convention (Obligation to Respect Rights) stipulates that:
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race,
color, sex, language, religion, political or other opinion, national or social origin, economic
status, birth, or any other social condition.
41
Article 2 of the American Convention (Domestic Legal Effects) establishes that:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention, such
legislative or other measures as may be necessary to give effect to those rights or
freedoms.
15