31
146 of the Constitution of the Bolivarian Republic of Venezuela, which provides that positions in
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government are career service posts and are won by public competition .
140.
The IACHR has already expressed its concern regarding the failure to award regular
status in appointments of prosecutors and it reiterates the importance of the correct implementation of the
prosecutorial career in light of the fundamental role that the Attorney General’s Office plays in conducting
criminal investigations. The Commission also reiterates the importance of prosecutors enjoying the
stability necessary to guarantee their independence, impartiality, and suitability, and to ensure the
effectiveness of investigations conducted to eliminate impunity, particularly in cases of human rights
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violations . In that regard, the Commission considers of the utmost importance that prosecutors could
perform their duty without political interference.
141.
In sum, the Commission maintains that the State’s duty of ensuring compliance with the
guarantee of reinforced stability with respect to judges and prosecutors is independent of whether those
officials’ appointments are temporary or permanent, since the purpose of that stability is to protect the
function of the judiciary itself and, through that, to protect human rights as a whole.
142.
With reference to the guarantee of judicial independence and in connection with Article 2
of the American Convention, the Inter-American Court has said that the State’s general duty to adapt its
domestic law to the stipulations of the Convention in order to guarantee the rights enshrined in it,
established in Article 2, includes the enactment of regulations and the development of practices that seek
to achieve an effective observation of the rights and liberties enshrined therein, as well as the adoption of
measures to suppress regulations and practices of any nature that imply a violation to the guarantees
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established in the Convention.
143.
The jurisprudence established by the Inter-American and European Courts, in
accordance with the United Nations Basic Principles on the Independence of the Judiciary, indicate the
following guarantees of judicial independence: an adequate appointment process, nonremoval from their
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positions, and freedom from external pressure.
144.
The Inter-American Court has already ruled on the judicial restructuring process in
Venezuela and the regulations governing the provisional status of judges in the following terms:
[…] from August 1999 and up to the present, provisional judges do not have stability in their
position, they are appointed discretionally and may be removed without being subject to any
previously established proceeding. Likewise, at the time of the facts of the present case, the
percentage of provisional judges in the country reached approximately 80%. In the years 2005 and
2006 a program through which the same provisional judges who were appointed discretionally
achieved a titular position was carried out. The number of provisional judges was decreased to
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approximately 44% at the end of the year 2008.
145.
The Commission notes that this is still the situation as of the date of this report. The
Inter-American Court has also said that the State has the duty to guarantee an appearance of
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Report by the Television Foundation of the National Assembly. Inaugurada Escuela Nacional de Fiscales (National
Prosecutors’
School
Inaugurated).
Article
dated
October
6,
2008.
Available
in
Spanish
at:
http://www.antv.gob.ve/m8/noticiam8.asp?id=14946. IACHR, Report on Democracy and Human Rights in Venezuela,
OEA/Ser.L/V/II. doc. 54, December 30, 2009, para. 266.
120
IACHR. Access to Justice and Social Inclusion: The Road toward Strengthening Democracy in Bolivia. June 28, 2007,
para. 96 and IACHR, Report on Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. doc. 54, December 30, 2009, para.
267.
121
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Judgment of June 30, 2009, Series C No. 197, para. 60.
122
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Judgment of June 30, 2009, Series C No. 197, para. 70.
123
I/A Court H. R., Case of Reverón Trujillo v. Venezuela, Judgment of June 30, 2009, Series C No. 197, para. 106.