REPORT Nº 38/06 1 PETITION 549-05 ADMISSIBILITY MERCEDES CHOCRON CHOCRON VENEZUELA March 15, 2006 I. SUMMARY 1. On May 15, 2005, the Commission received a petition initiated by the now deceased Yadira Atía López, who was later replaced by Rafael J. Chavero Gazdik (hereinafter “the petitioner”), claiming that the Bolivarian Republic of Venezuela had violated the right to due process (Article 8), the right to participate in government (Article 23.1.c), the right to equal protection (Article 24, and the right to judicial protection (Article 25), a well as rights based on the representative democratic form of government (Article 29.c), considered together with the general obligation established in Article 1.1 and the duty stipulated in Article 2 of the American Convention on Human Rights (hereinafter the “American Convention"), to the detriment of Mrs. Mercedes Chocrón Chocrón (hereinafter the “alleged victim”), who was dismissed from her position as temporary judge on February 3, 2003 in Venezuela. 2. The petitioner alleged that the available domestic remedies were exhausted with the final judgment issued by the Supreme Court of Justice on February 3, 2003. In response, the Venezuelan State requested that the petition be declared inadmissible, since it held that the alleged victim, in her capacity as a temporary judge, did not enjoy the benefits that a judicial career confers on other judges, including stability in the exercise of public functions, hence her rights had not been violated. 3. After analyzing the positions of the parties, the Commission concluded that it was competent to decide on the complaint lodged by the alleged victim and her representative, and that the case was admissible, pursuant to Articles 46 and 47 of the American Convention. Consequently, the Commission decided to notify the parties and to publish this admissibility report and include it in its Annual Report. II. PROCESSING BY THE COMMISSION 4. On May 15, 2005, the Commission received a petition from Yadira Atía López, who was later replaced by Rafael J. Chavero Gazdik, on behalf of Mercedes Chocrón Chocrón against the Bolivarian Republic of Venezuela. The IACHR assigned the petition number 549/05, forwarded the relevant parts to the State on June 13, 2005, and granted it a period of two months from the date of notification to submit the observations they deemed appropriate in accordance with Article 30 of the Rules of Procedure of the IACHR. 5. On August 15, 2005, the Commission received the observations of the State, which were forwarded to the petitioner on September 1, 2005. 6. On August 26 the Commission received from the petitioner the appendices to the complaint; they were forwarded to the State, which was given one month to submit observations. 7. On September 28, 2005, the Commission requested information from the parties regarding the specific legal framework regulating the appointment and dismissal of provisional judges, alternate judges, and temporary judges, respectively. 8. On October 12, 2005, the IACHR received the response by the petitioner to the report of the State, which was forwarded to the State on October 26, 2005. 9. On December 1, 2005, the petitioners sent additional information, which was submitted to the State on December 15. 1 Commissioner Freddy Gutiérrez, a Venezuelan national, did not participate in the deliberations and voting on this report, pursuant to Article 17.2.a of the Commission’s Rules of Procedure. 1

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