15
68.
Moreover, the State claimed that the SCJ, in accordance with the Venezuelan
legislation, determined that there were merits to prosecute former President Carlos
Andrés Pérez and former deputies and senators associated with the case and, as a
result, “by application of the special jurisdiction contained in the Constitution in force
at that time, the proceedings must be combined, including, based on connection, the
persons liable for prosecution for these crimes”. Furthermore, the State explained
that the special privilege of the President lies in “the need to protect the majesty of
the presidential institution and of who has the investiture at the moment the trial
begins”.
69.
Article 215 of the Constitution, in its relevant part, provided that:
[t]hese are powers of the Supreme Court of Justice:
1. To determine whether or not grounds exist to try the President of the Republic or
whomsoever acts in his stead, and, if there are, to continue to hear the case subject to
prior authorization by the Senate until a final judgment is rendered.
2. To determine whether or not grounds exist to try members of the Congress, […] and
in the event that grounds do exist, to refer the records to the competent Ordinary Court
if it is a common offense, or, if it concerns political offenses, to continue to hear the case
until a final judgment is rendered, […].
70.
Article 82 of the Organic Law for Safeguarding of Public Assets provided,
where applicable, that:
[t]he Superior Courts for Safeguarding Public Assets based in Caracas and with
jurisdiction throughout the country will be the competent courts:
1) To determine whether to proceed to trial, hear cases and issue judgments in the first
instance in the trials of Senators and Deputies of the Congress of the Republic [...] for
the criminal offenses established in this Law [...].
2) To hear and decide appeals and de facto appeals filed against judgments issued by
Courts of First Instance.
[…]
71.
Article 89 of the same Law provided that:
[w]hen some of the public servants mentioned in Article 82 appear as perpetrators,
accomplices or accessories and, simultaneously, there are civil servants or private
individuals who must be prosecuted in Courts of First Instance for offenses established in
this law, the Superior Court for Safeguarding Public Assets will be the competent tribunal
to hear all those cases. […]
72.
Article 9 of the CCP established, where applicable, that "[t]here will not be
separate cases filed for the same crime or offense even if there are several
defendants, except for exceptional cases established by special laws”. Article 27 of
the same body of law established that “[o]nly one of the competent tribunals will
hear cases of crimes related to each other”. And Article 28 established that:
1. Crimes will be considered related: If committed simultaneously by two or more
persons together, if these fall under the jurisdiction of different ordinary courts.
2. Crimes that are committed by two or more persons at different times and places, if
the persons acted in concert to commit the crimes.
3. Crimes committed as a means to commit or facilitate the commission of other crimes.
4. Crimes committed in order to avoid prosecution for other crimes.
5. The various crimes a defendant is accused of, if proceedings are instituted for any one
of those crimes.
73.
On June 8, 1993, the SCJ issued a decision on its competence to hear the
instant case in the following terms: