18
established by law. […] The judges may only be removed or suspended from their positions
through the procedures expressly established in the law.56
67. Now, judges, unlike other public officials, have reinforced guarantees due to
the necessary independence of the Judicial Power, which the Court has understood
as “essential for the exercise of the judicial function.”57 The Tribunal has said that
one of the main objectives of the separation of the public powers is the guarantee of
the judges’ independence.58 Said autonomous exercise shall be guaranteed by the
State both in its institutional aspect, that is, with regard to the Judicial Power as a
system, as well as in connection with its individual aspect, that is, with regard to the
specific judge as an individual. The objective of the protection lies in avoiding that
the justice system in general and its members specifically be submitted to possible
improper restrictions in the exercise of their duties by bodies foreign to the Judicial
Power or even by those judges that exercise duties of revision or appeal. 59
Additionally, the State has the duty to guarantee an appearance of independence of
the Magistracy that inspires legitimacy and enough confidence not only to the
parties, but to all citizens in a democratic society.60
68. The principle of judicial independence constitutes one of the basic pillars of the
guarantees of the due process, reason for which it shall be respected in all areas of
the proceeding and before all the procedural instances in which decisions are made
with regard to the person’s rights. The Court has considered that the principle of
judicial independence results necessary for the protection of fundamental rights,
reason for which its scope shall be guaranteed even in special situations, such as the
state of emergency.61
69. The principle of judicial independence was acknowledged by the SPA itself in its
judgment in which it declared the nullity of the dismissal of Mrs. Reverón Trujillo. In
that decision, the SPA considered that Articles 254 and 256 of the Venezuelan
Constitution, regarding the independence and impartiality of the Judicial Power, 62
“enshrine a general principle of compelling compliance.” 63 Additionally, the SPA
stated that from the mentioned articles derives “the principle of independence of the
bodies of administration of justice in two fundamental aspects, the respect to their
autonomy regarding other bodies of the Public Power, and the duty of the judicial
56
Cfr Article 255 of the Constitution of the Bolivarian Republic of Venezuela, published in the Official
Gazette No. 5,453 on March 24, 2000 (dossier of annexes to the respondent’s plea, Volume I, annex 1,
folio 747).
57
Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of July 2, 2004. Series C No. 107, para. 171, and Case of Palamara Iribarne v. Chile. Merits,
Reparations, and Costs. Judgment of November 22, 2005. Series C No. 135, para. 145.
58
Cf. Case of the Constitutional Court v. Peru. Merits, Reparations, and Costs. Judgment of January
31, 2001. Series C No. 71, para. 73, and Case of Apitz Barbera et al. (“First Court of Administrative
Disputes”) v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 5,
2008. Series C No. 182, para. 55.
59
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela, supra
note 58, para. 55.
60
Cf. Case of Herrera Ulloa v. Costa Rica, supra note 57, para. 171.
61
Cf. Habeas Corpus in Emergency Situations (Arts. 27(2), 25(1), and 7(6) of the American
Convention on Human Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8, para. 30,
and Judicial Guarantees in States of Emergency (Arts. 27(2), 25, and 8 of the American Convention of
Human Rights), supra note 48, para. 20.
62
Cf. Arts. 254 and 256 of the Constitution, supra note 56, folio 747.
63
Cf. judgment issued by the SPA on October 13, 2004, supra note 45, folio 180.