A/HRC/44/54 7. The independence of the justice system is enshrined domestically in the Constitution of the Bolivarian Republic of Venezuela,6 the Supreme Court of Justice Organic Law7 and the Code of Ethics for Venezuelan Judges, 8 which establishes rules on the selection of judges, disciplinary procedures and grounds for their removal. OHCHR identified several factors that considerably undermine the independence of the judiciary, including insecurity of tenure for judges, the absence of a transparent process for their designation, political pressure (including threats of dismissal), precarious working conditions and restrictions to their freedom of association. These elements weaken the ability of the judiciary to check the exercise of power by other institutions and to safeguard human rights. 8. In 1999, the National Constituent Assembly issued a decree of “judicial emergency”,9 which created a commission with power to remove judges from office on grounds such as corruption and judicial delays, without due process.10 OHCHR has received reports that the Supreme Court’s Judicial Commission has continued to use the decree as a basis to remove judges for other reasons. Since 2002, there has been no open and transparent recruitment of tenured judges. Owing to lack of transparency and publicity in the designation of judges by the Supreme Court’s Judicial Commission, it is not possible to verify whether the process complies with legal requirements. In 2019, the Inter-American Commission on Human Rights identified that as a result of this process, less than 25 per cent were tenured judges.11 9. OHCHR is concerned that insecurity of tenure limits their independence and exposes judges to undue interference from their superiors, as well as external sources. Information available to OHCHR indicates that magistrates of the Supreme Court have effective control over lower court decisions nationwide, in particular in the area of criminal law. Interviewees reported that in cases of political relevance in particular, judges would await instructions from magistrates of the Supreme Court before making a decision, for fear of dismissal or other reprisals. In 2009, Judge María Lourdes Afiuni Mora was prosecuted after adopting a ruling to comply with a decision of the Working Group on Arbitrary Detention. 12 She was deprived of her liberty and released in 2011 with precautionary measures. Her case had a clear chilling effect, inhibiting judges from acting independently for fear of criminal prosecution.13 10. Information received by OHCHR indicates that the monthly salary of a judge is about $30, which increases the risk of corruption in all areas and at all levels of judicial administration.14 11. The current composition of the Supreme Court was consolidated through the appointment of 13 judges by the ruling party-led National Assembly in December 2015, even though a newly composed National Assembly had then been elected with a majority of parliamentarians from opposition parties. According to information received, this process did not comply with legal deadlines, and subsequent legal challenges concerning the qualifications of candidates remain unresolved. Thirteen judges of the Supreme Court were forced to retire early to allow for the new judges to be appointed; some of the newly appointed judges had held positions in the executive branch or were registered as members 6 7 8 9 10 11 12 13 14 Arts. 254 and 256 of the Constitution of the Bolivarian Republic of Venezuela. Bolivarian Republic of Venezuela, Official Gazette, No. 39,522 (1 October 2010). Bolivarian Republic of Venezuela, Official Gazette, No. 6,207 (Extraordinary) (28 December 2015). Bolivarian Republic of Venezuela, Official Gazette, No. 36,805 (11 October 1999). Sabarsky v. Bolivarian Republic of Venezuela (CCPR/C/125/D/2254/2013) and Osio Zamora v. Bolivarian Republic of Venezuela (CCPR/C/121/D/2203/2012). See also decision 1007 of the Political Administrative Court of 2017. Inter-American Commission on Human Rights, 2019 Yearly Report, chapter IV.B, para. 44. Available at www.oas.org/en/iachr/docs/annual/2019/docs/IA2019cap4BVE-en.pdf. A/HRC/16/47/Add.1, pp. 92–101. Judge Afiuni was convicted on 21 March 2019. See www.ohchr.org/EN/NewsEvents/Pages/ DisplayNews.aspx?NewsID=24405&LangID=E. World Justice Project, Rule of Law Index – 2020, p. 157. Article 11 of the United Nations Convention against Corruption requires Member States to take measures to strengthen integrity and prevent corruption within the judiciary. 3