48
*
*
*
192. On the other hand, the Tribunal declared that in this case Venezuela did not
adequately guarantee judicial independence, since its domestic regulations and
practices (especially its jurisprudential line) consider that provisional judges do not
enjoy the guarantee of tenure (supra paras. 121 and 127).
193. Therefore, the Court considers that as a guarantee of non-repetition, the State
shall, within a reasonable period of time, adjust its domestic legislation of the
American Convention through the modification of the rules and practices that
consider provisional judges as freely removable.
6.
Publishing of the Judgment
194. The representatives requested that the state of Venezuela publicly acknowledge
its international responsibility through the publication of the main paragraphs of the
judgment on merits issued in the present case, in a newspaper with national
circulation.
195. As has been stated by the Court in other cases,188 as a measure of satisfaction,
the State shall publish, once, and in the Official Newspaper and in another of widespread national circulation, paragraphs 63 to 128, 138 to 141, and 190 to 193 of the
present Judgment and its operative paragraphs, without the corresponding
footnotes. The state has a six-month term as of the notification of the present
Judgment to comply with the aforementioned.
7.
Costs and expenses
196. The Inter-American Commission asked the Court to “order the State to pay the
costs and expenses duly proven by the victim, in which the latter has incurred as a
consequence of the proceedings carried out both at a national and Inter-American
level.”
197. The representatives requested that the Court “acknowledge in equity the
expenses caused as a result of costs and expenses in the litigation (domestic and
international).” For the concept of professional fees in the domestic and international
realm they requested the amount of US$ 45,521.00 (forty five thousand five
hundred and twenty one dollars of the United States of America) and for procedural
expenses within the domestic and international realm they requested US$ 14,531.00
(fourteen thousand five hundred and thirty one dollars of the United States of
America).
198. The State in its response to the application requested that the Court take into
consideration that the representatives “[did] not provide any evidence whatsoever to
prove the alleged expenses incurred in to cover what they classify as ‘procedural
expenses’ within the domestic legislation and in [the] Inter-American system.” Once
the representatives forwarded evidence along with their final written arguments, the
State did not present observations.
199. The Tribunal points out, first of all, that the representatives, when forwarding
188
Cf. Case of Barrios Altos v. Peru. Reparations and Costs. Judgment of November 30, 2001. Series
C No. 87, Operative Paragraph 5 d); Case of Perozo et al. v. Venezuela, supra note 9, para. 415, and Case
of Kawas Fernández v. Honduras, supra note 15, para. 199.
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