A/HRC/45/CRP.11 a two-thirds majority have failed), and that time be allowed for potential challenges to the candidates nominated.346 Two of the principal magistrates of the newly elected 13 were active members of the ruling party, PSUV. 347 152. In January 2016, the newly elected National Assembly created a commission to determine whether the judicial selection process was in accordance with the law. Several outgoing judges testified that they were pressured to apply for their retirements a year before their constitutionally established terms ended.348 In its March 2016 final report, the commission concluded that the selection was illegitimate, citing various irregularities in the formation of the nominations commission and the judicial selection process, and recommended that the 23 December 2015 election be annulled.349 153. Based on those findings, on 14 July 2017, in the midst of the political crisis, the opposition-led National Assembly announced that it would create a judicial appointment commission to proceed with the re-selection of the judges to the Supreme Court.350 In response, on 18 July, President Maduro announced the beginning of a “Special Plan for Justice and Emergency,” for the “search and capture of all of these conspirators”. 351 On 19 July, the Supreme Court annulled the National Assembly’s decision, affirming that the Supreme Court would continue as currently configured.352 The current National Constituent Assembly later passed a decree ratifying the current judges. 353 154. The Supreme Court has ceased to function as an independent check on other branches of Government. In particular, the Constitutional Chamber has wide-reaching powers to nullify decisions of all other branches of the State. 354 From January 2016 to the present, the Supreme Court has consistently struck down decisions of the opposition-led National Assembly.355 As noted above, in 2017 it has also, notoriously, assumed legislative functions (Judgment No. 156) and lifted parliamentary immunity of all opposition deputies (Judgment No. 155), decisions that it subsequently reversed following public outcry. 356 155. In three judgments issued between June and July 2020, the Constitutional Chamber of the Supreme Court suspended the boards of opposition political parties Acción 346 347 348 349 350 351 352 353 354 355 356 40 1999 Constitution, art. 264. See study by Acceso a la Justicia at https://www.accesoalajusticia.org/wpcontent/uploads/2017/03/Los-magistrados-de-la-revoluci%C3%B3n.pdf. See also https://www.accesoalajusticia.org/enterate-si-los-magistrados-expres-escogidos-en-el-2015-cumpleno-no-con-los-requisitos-para-serlo/. Final Report, Comisión especial para el estudio y análisis del proceso de selección de magistrados principales y suplentes del tribunal supremo de justicia, 24 March 2016, p. 11-12, available at: https://supremainjusticia.org/wp-content/uploads/2016/03/INFORME_DEFINITIVO-COMISIONESPECIAL-ESTUDIAR-DESIGNACION-DE-MAGISTRADOS.pdf Ibid., p. 13. See Final Report, Special Commission for the rescue of the unconstitutionality of the Supreme Court of Justice, available at: https://supremainjusticia.org/wp-content/uploads/2016/07/INFORME-FINALCOMISION-ESPECIAL-PARA-EL-RESCATE-DEL-TSJ.pdf. Maduro anuncia la activación de “Plan Especial de Justicia de Emergencia”, 18 July 2017, https://twitter.com/RPolicial/status/887494952737001472; Also on 23 July, President Maduro openly threatened to arrest the judges, referring to them as “usurpers” and stated that their bank accounts would be frozen. See video at: http://www.telemadrid.es/noticias/internacional/Maduroamenaza-carcel-nombrados-Parlamento-0-1924007605--20170724030235.html. Judgment No. 614 of 19 July 2016, available at: https://vlexvenezuela.com/vid/gabriela-floresynserny-daniel-645380001. Constitutional Decree of 15 August 2017, ratifying the exercise of the constitutional functions of the magistrates of the Supreme Court of Justice, published in Official Gazette No. 41.214 of 15 August 2017, available at: https://pandectasdigital.blogspot.com/2017/08/decreto-constituyente-mediante-elcual_17.html. See Aviso Oficial mediante el cual se corrige por error material la Ley Orgánica del Tribunal Supremo de Justicia, art. 25, available at: https://vlexvenezuela.com/vid/aviso-material-organicatribunal-supremo-222232906. See compilation by Acceso a la Justica, available at: https://www.accesoalajusticia.org/wpcontent/uploads/2020/05/Cuadro-TSJ-vs-AN-127-sentencias-1-1.pdf. Judgment No. 158, Clarifying Judgment No. 156 of 29 March 2017 and Judgment No. 157, Clarifying Judgment No. 155 of 28 March 2017.