A/HRC/45/CRP.11 Democrática,357 Primero Justicia358 and Voluntad Popular,359 replacing them with ad hoc boards whose membership was selected by the Supreme Court in the judgments. 360 On 13 June 2020, the Supreme Court appointed new members of the National Electoral Council, 361 despite that under the 1999 Constitution, this is a power reserved to the National Assembly. 362 5. Independence of Judges and Prosecutors 156. A principal problem regarding the independence of the judiciary is the temporary nature of appointments of judges. Under the 1999 Constitution, admission to the judicial career and the promotion of judges are determined by a public competitive process to ensure the capability and suitability of candidates.363 Candidates are to be selected by panels from circuit courts in the form and under the conditions laid out under the law. 364 However, such examinations have not been carried out for over 16 years, resulting in only around an estimated 15 per cent of judges in Venezuela being career judges as at 2019. 365 157. The vast majority of judges are appointed on a provisional basis, meaning they can be selected, as well as removed, without cause or compliance with the process under the Constitution. In June 2016, the Supreme Court adopted a set of “Norms for evaluation and competition for the ingress to and promotion within the judicial career,” which, among others, continued to allow a judicial commission of the Supreme Court (established in 1999 as a transitional measure)366 to appoint and remove provisional judges discretionarily.367 158. The Constitution tasks the Supreme Court with judicial administration, including discipline of lower court judges.368 The disciplinary regime is outlined in a Code of Ethics, revised by the National Assembly in December 2015.369 The Code requires that the disciplinary process be public, oral and brief, and in accordance with due process guarantees. However, in February 2016, the Supreme Court issued a judgment suspending application of the Code of Ethics in judicial disciplinary processes with respect to provisional judges. 370 159. Constitutional provisions require that judges not engage in political activism 371 and that political interests do not motivate the appointment or removal of judges. 372 Over half of judges are registered with the PSUV political party, according to estimates. 373 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 Judgment of 15 June 2020, available at: https://www.accesoalajusticia.org/wpcontent/uploads/2020/06/SC-N%C2%B0-0071-15-06-2020.pdf. Judgment of 16 June 2020, available at: https://www.accesoalajusticia.org/wpcontent/uploads/2020/07/SC-N%C2%B0-72-16-06-2020.pdf. Judgment of 7 July 2020, available at: https://www.accesoalajusticia.org/wpcontent/uploads/2020/07/SC-N%C2%B0-0077-07-07-2020.pdf. The decisions were based on the alleged violation of political rights by the boards against some of the parties’ militants. Supreme Court of Justice, Judgement No. 0070, 12 June 2020, available at: http://historico.tsj.gob.ve/decisiones/scon/junio/309872-0070-12620-2020-20-0215.HTML 1999 Constitution, arts. 187 and 296. 1999 Constitution, art. 255. Ibid. See study by Armando Info, available at: https://armando.info/Reportajes/Details/2581. Reorganization of Judicial Power and Penitentiary System, published in the Official Gazette No. 36.805, 11 October 1999, available at: https://www.oas.org/juridico/spanish/ven_res51.pdf. Normas de Evaluación y Concurso de Oposición para el Ingreso y Ascenso a la Carrera Judicial. published in Official Gazette No. 40.972 of 23 August 2016, available at: http://www.jurisline.com.ve/data/files/3537.pdf. See analysis by Acceso a la Justicia, available at: https://www.accesoalajusticia.org/consideraciones-sobre-las-normas-de-evaluacion-y-concurso-deoposicion-para-el-ingreso-y-ascenso-a-la-funcion-judicial/. 1999 Constitution, art. 267. See also Ley Orgánica del Poder Ciudadano, art. 65. See Código de Ética para el Juez Venezolano y la Jueza Venezolana, published in the Official Gazette No. 6207, 28 December 2015. The code replacing the previous Code of Ethics from 2009. Judgment No. 04 of 4 February 2016, available at: https://vlexvenezuela.com/vid/nancy-castrovarvaro-593077910. 1999 Constitution, art. 256. 1999 Constitution, art. 145. See study by Armando Info, available at: https://armando.info/Reportajes/Details/2581. 41