3
8.
The action of the Supreme Court contributed to the misuse of power, using a legitimate
power with the illegitimate purpose of cooperating with the decisions taken by organs of the
Executive. The Supreme Court of Justice acted with a lack of independence when deciding the
unspecific interim measure regarding the use of RCTV’s property.
9.
The Constitutional Chamber of the Supreme Court of Justice decided to assign the use
of the assets owned by RCTV to TVes by granting interim measures in two proceedings, in
one of which this was disputed. Indeed, even though the action on joint and separate interests
requested the Supreme Court to allow RCTV to continue transmitting, that court decided, ex
officio, to assign the use of RCTV’s property to TVes. The Supreme Court intervened in the
decision on interim measures with a preconceived position, which collaborated with the
decisions of the organs of the Executive, protecting the interests of TVes and granting it the
assets it required to begin to operate. This reveals a lack of impartiality in the actions of the
Constitutional Chamber when deciding the interim measure. Therefore, the Supreme Court of
Justice failed to comply with the guarantee of impartiality in its ruling deciding on the use of
RCTV’s assets, and the State violated the right to property because the Supreme Court
showed no independence whatsoever following the line taken by the Executive, which
arbitrarily deprived RCTV of its assets.
10. In conclusion, it should be mentioned that the fact that the Court failed to declare a
violation of the guarantees of judicial independence and impartiality and the right to property
left a void in the judgment’s content that resulted in its losing cohesion and harmony.
Manuel E. Ventura Robles
Judge
Pablo Saavedra Alessandri
Secretary
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