29 judges and prosecutors from their positions is indispensable to guarantee their independence from 106 political changes or alternating governments. 132. On this point, the United Nations Basic Principles on the Independence of the Judiciary stipulate that “the term of office of judges [...] shall be adequately secured by law” (Principle 11) and that “judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or 107 the expiry of their term of office, where such exists” (Principle 12). 133. In its 2009 report Democracy and Human Rights in Venezuela, the Commission underscored the fact that having provisional judges instead of regular ones means they can be easily removed when they adopt decisions that might affect government interests, which compromises the 108 independence of the Venezuelan judicial branch. Similarly, a 2000 ruling by the Political-Administrative Chamber of the Supreme Court of Justice of Venezuela, later repeated by that same chamber and reaffirmed by the Constitutional Chamber, maintained that: Those holding a position for which they did not compete do not enjoy the right [of judicial stability] and, consequently, may be removed from the position in question under the same conditions in which they were appointed – in other words, without the competent administration being obliged to justify such dismissal on the provisions of the disciplinary regime, which is applicable, again, only to 109 career judges, those who hold their posts by reason of a public competitive process. 134. Although the Commission understands that, in exceptional circumstances, it may on occasions be necessary to appoint judges on a temporary basis, not only must such judicial officials be selected by means of an appropriate procedure, they must also enjoy a certain guarantee of tenure in 110 their positions. In turn, the Inter-American Court has ruled that “the guarantee of tenure translates, as regards provisional judges, into the requirement that they be afforded all the inherent benefits of 111 permanence until adoption of the resolution bringing a legal end to their time of service.” 135. In its rulings the Inter-American Court has noted that Venezuela’s temporary judges 112 perform exactly the same duties as regular judges: they administer justice. Consequently, it has stated that people facing prosecution have the right, under both the Venezuelan Constitution and the American Convention, to have their cases resolved by judges who are and appear to be independent. Consequently, it said that the State must afford both regular and temporary judges the guarantees that 113 arise from the principle of judicial independence. The Court has also ruled that the tenure of provisional judges is closely linked to the guarantee against external pressures, because if provisional judges are not ensured that they will remain in their positions for a specific period of time, they are 106 IACHR, Report on Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. doc. 54, December 30, 2009, para. 229. 107 United Nations Basic Principles on the Independence of the Judiciary, adopted by the Seventh Congress on the Prevention of Crime and the Treatment of Offenders, held in Milan, August 26 to September 6, 1985, and confirmed by the General Assembly in resolutions 40/32 of November 29, 1985, and 40/146 of December 13, 1985. See: I/A Court H. R., Case of the Constitutional Court v. Peru, Judgment of January 31, 2001, Series C No. 71, para. 71. 108 IACHR, Report on Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. doc. 54, December 30, 2009, para. 253. 109 Supreme Court of Justice of Venezuela, Political and Administrative Chamber, Judgment No. 02221 of November 28, 2000; and Supreme Court of Justice of Venezuela, Political and Administrative Chamber, Judgment No. 1798 of October 19, 2004. Constitutional Chamber of the Supreme Court of Justice, Judgments Nos. 1413, 5111, and 5116, in: IACHR, Report on Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. doc. 54, December 30, 2009, para. 225. 110 See: IACHR, Report No. 30/97, Case 10.087, Merits, Gustavo Carranza, Argentina, September 30, 1997, para. 41. 111 I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Judgment of June 30, 2009, Series C No. 197, para. 117. 112 I/A Court H. R., Case of Chocrón Chocrón v. Venezuela, Judgment of July 1, 2011, Series C No. 227, para. 103. See: I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Judgment of June 30, 2009, Series C No. 197, para. 114. 113 I/A Court H. R., Case of Chocrón Chocrón v. Venezuela, Judgment of July 1, 2011, Series C No. 227, para. 103. See: I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Judgment of June 30, 2009, Series C No. 197, para. 114.