in an official letter dated October 30, 2002, the President of the SCJ Plenum notified
Mrs. Chocrón of her appointment and, in this regard, summoned her “[b]ecause she
had been appointed by the Judicial Commission” as a temporary judge. The official
letter indicated that Mrs. Chocrón was notified “for reasons of urgency, so that, if
she accepted the post, [she was requested] to acknowledge receipt and appear
before the President of the corresponding Criminal Judicial Circuit to be sworn in.”
The President of the SCJ Plenum stated that “the conclusion of the publication
process was pending in order to find out if any objections would be raised to the
appointment [of Mrs. Chocrón Chocrón].”98 Neither the decision appointing Mrs.
Chocrón Chocrón as a temporary judge nor the official letter notifying her of this
appointment cited any normative provision regulating the conditions or the time
frame for her appointment to take effect.
79.
On November 5, 2002, Mrs. Chocrón Chocrón sent a letter to the President
and the other justices of the SCJ “indicat[ing her] acceptance of [the said] post.”99
Thus, the swearing in of Mrs. Chocrón Chocrón as a temporary judge before the
President of the Criminal Judicial Circuit of the Caracas Metropolitan Area is
recorded in minutes dated November 11, 2002.100
80.
On November 25, 2002, the Judiciary’s Executive Directorate “inform[ed]
the public” of the “list of candidates,” including Mrs. Chocrón Chocrón, for a series
of judicial posts in the Caracas Metropolitan Area. This publication established that
“the public [was] invited to submit objections to and/or complaints about any of
[those] preselected [on the list] to the Judiciary’s Executive Directorate within eight
days of the date of [the] publication […] in an original letter, that included name
and surname, identity number, signature, and occupation.”101 In this way, the
public had until December 3, 2002, to submit any possible objection to and/or
complaint about any of the candidates. The case file does not reveal that any
objection to and/or complaint about Mrs. Chocrón Chocrón’s candidacy was made
within the said time frame.
2.3.
Removal of Mrs. Chocrón Chocrón and remedies filed against this decision
81.
On February 3, 2003, three months after Mrs. Chocrón Chocrón had been
appointed, the Judicial Commission met and, among other matters, decided to
annul the appointment of the alleged victim as a temporary judge “because of […]
comments made to [the Supreme Court of Justice].”102 The Judicial Commission
stated the following:
“Additional Points:” Consideration of the comments presented by Justices concerning the
appointment of Mercedes Chocrón Chocrón to the post of Judge of the Criminal Court of
First Instance of the Caracas Metropolitan Area Judicial Circuit. Those present stated
that the appointment as temporary judge was conditional on no objections being
and file of attachments to the application, volume I, attachment 24, folios 454 to 456), and letter from
Mercedes Chocrón to the President and Justices of the Supreme Court of Justice dated November 5,
2002 (file of attachments to the application, volume I, attachment 26, folio 461).
98
Official letter No. TPE-02-1901 from the President of the Plenum of the Supreme Court of
Justice dated October 30, 2002 (file of attachments to the application, volume I, attachment 25, folio
459).
99
Letter addressed by Mercedes Chocrón to the President and other Justices of the Supreme Court
of Justice, supra note 97, folio 461.
100
Minutes No. 008-02 of November 11, 2002 (file of attachments to the application, volume I,
attachment 27, folio 463).
101
List of candidates published by the Judiciary’s Executive Directorate on November 25, 2002 (file
of attachments to the application, volume I, attachment 28, folio 465).
102
Minutes of the meeting of the Judicial Commission of the Supreme Court of Justice of February
3, 2003 (file of attachments to the application, volume I, attachment 30, folio 469 and 470).
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