66
3.3.
Adaptation of domestic laws to the provisions of the Convention
251. The Commission requested that “immediate measures aimed at promoting the
enactment of the Venezuelan Code of Judicial Ethics be adopted, so that an end may
be put to the exceptional functioning of the disciplinary jurisdiction regarding
judges,” thus ensuring that “this jurisdiction is in conformity with the American
Convention and secures the independence and impartiality of the Judiciary.” The
representative agreed with the Commission and further requested the adoption of
“such measures as may be necessary to […] ensure that in the process of selection
of judges no political criteria or other undue considerations are applied.”
252. The State argued that “no reparation is in order as the conduct of the State
conforms to the local legal provisions and the International Law applicable to the
case, since the application filed by the Commission has no valid purpose or grounds,
for the State of Venezuela has caused no damage whatsoever to the petitioners.”
253. As established above, in 2006 the Chamber for Constitutional Matters of the
STJ261 declared the “unconstitutional legislative inaction on the part of the National
Assembly […] in connection with the legislative procedure instituted to enact the socalled bill for the Code of Ethics […], drafted by the Assembly in 2003, which in the
end was not promulgated.” Taking into account that the Venezuelan Judicial Power
itself has considered it imperative that the Code of Ethics be enacted and that the
transitional regime has extended over nine years, and in view of the declared
violations of Article 2 of the Convention, this Court determines that the State must
adopt such measures as may be required to pass the Code of Ethics within the term
of one year as from notice of this Judgment. Furthermore, the Court deems that as
long as the provisional regime is in force, the State must ensure both the impartiality
of the disciplinary organ, permitting, inter alia, that the members of the CORJS be
challenged, and its independence, providing for an appropriate selection and
appointment process and secured tenure of office.
4.
Costs and expenses
254. The Commission requested “payment of costs and expenses duly proven [...]
as incurred in connection with the proceedings started both at the domestic and
international levels.”
255. The representative alleged that “the expenses incurred in connection with
bringing the case before the domestic courts, of judicial investigation, press, and
television, and of photocopies and archival preparation” amounts to US $ 3,500.00
(three thousand five hundred United States dollars), which, according to the
representative, must be reimbursed by the State to Juan Carlos Apitz. The
representative further requested the amount of “US $ 2,460.00 (two thousand four
hundred and sixty United States dollars) for “two air tickets” for Juan Carlos Apitz.
For “two hotel rooms for three days in Washington” for Héctor Faúndez Ledesma and
Juan Carlos Apitz, “plus meals and transportation expenses” the representative
requested reimbursement to Mr. Apitz of “US $ 2,836.00 (two thousand eight
hundred and thirty-six United States dollars).” For “tickets Caracas-San José–
Caracas” for the victims of the instant case and their representative, he requested
261
note 13.
Cf. judgment No. 1048 of May 18, 2006 issued by the Chamber for Constitutional Matters, supra
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