Case: Reverón Trujillo v Venezuela. Preliminary Objection, Merits, Reparations and Costs

Descriptors: Judicial independence / Specific procedural guarantees / Temporary judge's guarantees and Immobility principle / Right to reparation

The case deals with the guarantees that a judge must have in order to exercise his function independently, even when his appointment is temporary or provisional. In the specific case, Ms. Reverón Trujillo, who was provisionally appointed in 1999 as Criminal First Instance Judge, until the contest-opposition was held, was dismissed in 2002 by the Operation and Restructuring Commission. Dismissal based on disciplinary reasons that was annulled by the Supreme Court, without the nullity leading to restitution from office.

In its reasoning, the Inter-American Court of Human Rights collects its doctrine on judicial independence and recalls the need for judges to have a series of specific procedural guarantees to preserve this principle, which is closely linked to the integrity of a democratic society. The principle of immobility or the absence of external pressure are guarantees that both regular and provisional judges should enjoy, not being able, for example, a judge to be arbitrarily or discretionary dismissed. In the case of Mrs. Reverón Trujillo, the Court appreciates the violation of Article 25.1 in relation to Articles 1.1 and 2 of the Convention, given that the appropriate measures were not adopted to repair the rights violated by the Complainant.

Likewise, the Inter-American Court points out the instability to which the provisional judges in Venezuela are subjected, who reach 40% of the members of the Judicial Power, and concludes that with respect to Ms. Reverón's assumption there was a violation of Article 23.1c of the Convention in relation to Article 1.1, since she herself was subjected to unequal and arbitrary treatment in her right to stay based on her condition as provisional judge; a guarantee that regular judges fully enjoy.

Read the decision