30
105. On the other hand, in the case file before the Court evidence was provided
regarding the summons to the PET, the program established to entitle provisional
judges (supra para. 96) organized by the National School of the Magistracy, on
October 6th,140 November 10th,141 and November 26, 2005;142 and on April 29th143 and
November 10, 2006144 regarding the categories A, B, and C of judges in the Capital
District. 145 In the period 2005-2006, that School reports 1,390 non-titular judges
summoned at a national level for the corresponding evaluations, of which 151 were
declared not fit to participate in the PET.146 Likewise, the School reports that 823
provisional judges changed their condition to titular judges through the PET in the
years 2005-2006.147
106. From all the aforementioned, the Tribunal concludes that in Venezuela, 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 approximately 44%
at the end of the year 2008.
2.4 Analysis of the motives exposed to not reinstate Mrs. Reverón
Trujillo to her position or pay her the salaries she did not perceive
using as sources information supplied by the Executive Director of the Magistracy in 2004, indicated that
only 20% of 1,732 judges of the country enjoyed continuance in their positions. The other 80% was made
up by provisional judges (52%), temporary judges (26%), and by those who occupy other positions
without any stability (2%). Cf. Human Rights Watch, Manipulating the Rule of Law: The independence of
the Judicial Power threatened in Venezuela, June 2004, Vol. 16. No. 3 (B), p. 11 (dossier of annexes to
the application, Volume II, annex C.1.H, folio 408).
140
Cf. Ad published in the newspaper “Últimas Noticias” by the National School of the Magistracy of
the TSJ on October 6, 2005 (dossier of annexes to the respondent’s plea, Volume II, annex 45, folio
2915).
141
Cf. Ad published in the newspaper “Últimas Noticias” by the National School of the Magistracy of
the TSJ on November 10, 2005 (dossier of annexes to the respondent’s plea, Volume II, annex 46, folio
2916).
142
Cf. Ad published in the newspaper “Últimas Noticias” by the National School of the Magistracy of
the TSJ on November 26, 2005 (dossier of annexes to the respondent’s plea, Volume II, annex 47, folio
2917).
143
Cf. Ad published in the newspaper “Últimas Noticias” by the National School of the Magistracy of
the TSJ on April 29, 2006 (dossier of annexes to the respondent’s plea, Volume II, annex 48, folio 2918).
144
Cf. Ad published in the newspaper “Últimas Noticias” by the National School of the Magistracy of
the TSJ on November 10, 2006 (dossier of annexes to the respondent’s plea, Volume II, annex 49, folio
2918).
145
Article 9 of the NEC establishes that: “[t]he judicial scale for the promotion of judges includes
three categories, starting with the Municipal Tribunals or Courts, called category ‘C’, the First Instance
Tribunals or Courts, referred to as category ‘B’, and the Superior Courts or Appeals Courts, called category
‘A’.” Cf. NEC, supra note 109, folio 617.
146
147
Cf. annex 1 of the statement made by the witness Hevia Araujo, supra note 21, folio 1092.
Cf. annex 1 of the statement made by the witness Hevia Araujo, supra note 21, folio 1108. It is
important to point out that the State also forwarded information according to which the number of
provisional judges that were titled in the same period corresponds to 816. Cf. Report titled “Years 20052006. Titular Judges in the Public Tenders” issued by the National School of Magistracy (dossier of
annexes to the final written arguments of the State, volume II, annex 16, folios 3710 to 3744).