29
Report on the Administration of the Judicial Career 2005-2008 and establishes, inter
alia, the following: “instructions were received from the Full Chamber of that Tribunal
to solve – within the realm of its jurisdiction- the problematic existing on that date,
with regard to a provisional nature of 80% of the judges […] at a national level.”130
In the affidavit of Mr. Hevia Araujo several graphs were presented in this sense. One
of them refers to the regularization of the entitlement and it shows that between the
years 2000 and 2005 there were approximately 200 titular judges and between the
years 2005 and 2008 this number grew to a little over 700.131 In another graph,
regarding the provisional situation of judges in Venezuela between the years 2000
and 2008, indicates that in the year there was around 1,500 provisional judges at a
national level and that in the year 2008 this number decreased to around 700
provisional judges. 132 It is important to point out that, according to evidence
provided by the State, in the year 2008 there was a total of 1,840 judges at a
national level.133
104. The reports of the Inter-American Commission on the human rights situation in
Venezuela coincides with the number mentioned by the representatives with regard
to the number of provisional judges in a specific time in Venezuela. According to the
annual report of the Commission of the year 2002, there would be between 60 and
90% of provisional judges, 134 situation that persisted in 2003. 135 In 2004 the
Commission indicated that “the situation had not varied substantially” since 2003
and that according to information provided by the General Office of Human
Resources of the Executive Office of the Magistracy, 81.70% of the judges were in a
provisional condition.136 In the same report the Commission indicated that the State
had stated that “the fact that more than 80% of the judges in Venezuela are
provisional judges, which is, without doubt, one of the most serious problems
present in the Judicial Power.”137 The Commission in its report of 2005 reiterated this
same information.138 In its report of 2006, the Commission highlighted that in said
year more than 80% of the justice officials had been made titular judges, and
especially in the criminal field the State had informed there was an 80% of titular
judges.139
130
Cf. annex 1 of the statement of the witness Hevia Araujo, supra note 21, folio 1087.
131
Cf. annex 1 of the statement of the witness Hevia Araujo, supra note 21, folio 1105.
132
Cf. annex 1 of the statement of the witness Hevia Araujo, supra note 21, folio 1106.
133
Cf. statement of the witness Hevia Araujo, supra note 21, folio 1104. On the other hand, we can
point out that the expert Canova González stated that currently between 15 and 45% of the judges in
Venezuela are not permanent. It is the expert’s opinion that the lack of transparency and contradictory
official data makes the clarity of the information difficult. Cf. statement offered by the expert Canova
González, supra note 95. In this sense, the State observed that this expert’s data had “little scientific
nature” and that the distance between 15 and 45% did not have “any logic whatsoever”. Additionally, the
State made emphasis on the fact that Mr. Canova González admitted it did not have exact information
regarding the number of provisional judges. However, the numbers presented by the witness Hevia
Araujo, proposed by the State, indicated that at the end of the year 2008 the percentage of provisional
judges would reach 44% (Cf. statement of the witness Hevia Araujo, supra note 21, folio 1104), which
coincides with the maximum percentage presented by the expert Canova González.
134
Cf. Annual report of the Inter-American Commission of the year 2002, supra note 26, para. 30.
135
Cf. Annual report of the Inter-American Commission of the year 2003, supra note 26, para. 57.
136
Cf. Annual report of the Inter-American Commission of the year 2004, supra note 26, para. 186.
137
Cf. Annual report of the Inter-American Commission of the year 2004, supra note 26, para. 188.
138
Cf. Annual report of the Inter-American Commission of the year 2005, supra note 26, para. 292.
139
Cf. Annual report of the Inter-American Commission of the year 2006, supra note 26, para. 160.
Likewise, it is important to point out that the report from the organization Human Rights Watch for 2004,