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.
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