A/HRC/44/54 of the ruling party, and reportedly the majority did not comply with the minimum requirements established by the Constitution.15 12. OHCHR observed that decisions of the Supreme Court related to the National Assembly were inconsistent and raised concerns about political considerations prevailing over legal determinations. From 30 December 2015 to 31 May 2020, the Supreme Court issued 131 decisions invalidating decisions of the National Assembly.16 On 26 May 2020, it validated the election of parliamentarian Luis Parra as president of the National Assembly without verifying if he had received the required number of votes, and it declared the presidency of Juan Guaidó “in contempt”. 17 Since March 2017, the Supreme Court has removed the immunity of 29 parliamentarians of the opposition without following the procedure established by the Constitution and without due process.18 13. OHCHR is concerned about the continued use of the military justice system to try civilians. 19 For example, on 13 August 2019, trade union leader Rubén González was sentenced to five years and nine months of imprisonment by a military tribunal for outrage against the armed forces. 20 Judges, prosecutors and lawyers within the military justice system are active duty military members, subject to military discipline and the principle of hierarchical obedience.21 14. The establishment of anti-terrorism courts in 2014 by an internal Supreme Court memorandum instead of an act of the National Assembly is a source of serious concern, as is the compatibility of the judicial proceedings of those courts with the right to judicial guarantees and a fair trial. The mandate of the courts has not been made public, nor are hearings always public, and they are composed of provisional judges designated through non-transparent procedures. OHCHR is also concerned about an increased use of these courts, since 2018, to prosecute cases of political relevance, including of military personnel. 15. Insecurity of tenure also affects prosecutors at the Office of the Attorney General. Almost all are provisionally appointed, and their appointment and release are at the discretion of the Attorney General, despite legally mandated public competition. 22 The current Attorney General was selected by the National Constituent Assembly through a procedure not in line with constitutional provisions. 16. According to the applicable organic law, the Public Defender, which provides government-funded defence lawyers, is an institution with functional and administrative autonomy. 23 However, insufficient resources have hindered its capacity to adequately defend those it represents. OHCHR also received information about the lack of independence of public defenders during the hearings in some cases of political relevance, in which defendants were not allowed to appoint their own lawyers. Since 2015, the Supreme Court has suspended elections of the Venezuelan Bar Association, weakening its capacity to safeguard the independence and integrity of the legal profession.24 15 16 17 18 19 20 21 22 23 24 4 See www.accesoalajusticia.org/wp-content/uploads/2016/07/Perfil-de-magistrados-del-TSJ-julio2016.pdf (in Spanish). www.accesoalajusticia.org/el-tsj-vs-la-an/ (in Spanish). Decision adopted by the Constitutional Chamber of the Supreme Court, 26 May 2020. Available at http://historico.tsj.gob.ve/decisiones/scon/mayo/309867-0065-26520-2020-20-0001.HTML (in Spanish). Article 200 of the Constitution of the Bolivarian Republic of Venezuela. Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts and tribunals and to fair trial, para. 22. International Labour Organization (ILO) commission of inquiry report on the Bolivarian Republic of Venezuela, October 2019. Available at www.ilo.org/wcmsp5/groups/public/---ed_norm/--relconf/documents/meetingdocument/wcms_722037.pdf (in Spanish). International Commission of Jurists, The Trial of Civilians by Military Courts in Venezuela, 2018. Bolivarian Republic of Venezuela, resolution 2703, Official Gazette, No. 41,482 (14 September 2018). Available at www.ghm.com.ve/wp-content/uploads/2018/09/41482.pdf (in Spanish). Bolivarian Republic of Venezuela, Official Gazette, No. 6,207 (Extraordinary) (28 December 2015). According to the Basic Principles on the Role of Lawyers, the executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.