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Defending the guarantee of judicial independence in Barquisimeto

True or not, the truth is that the statements criminal court on 17 July this year reported that pressure to issue precautionary measures in the process followed to Globovision president put again demonstrated it is crucial that the independence of judges for compliance with the Constitution . For So more than a right of judges, their independence is a guarantee of citizens because of free exercise of the function of administering justice depends on effective judicial protection of constitutional rights. It and the Constitution held accountable to all judges, starting by the Supreme Court of Justice, to ensure its integrity and ensure its supremacy and effectiveness. To do this requires a justice system free from pressure.

Indeed, without an independent judiciary courts are simple servers orders of the other branches. Our country has seen examples of these deplorable attacks fundamental rights without the courts have repaired these lesions constitutional because, as recognized by non-governmental organizations, national and international - by the pressures and fears that are subject, are not uncommon removals of judges simply because to prove freedom of opinion at the time of issuing decisions on matters of interest to government officials. Some of these cases have reached international bodies have recognized this, whose decisions are then defaulted to the simplistic and passed sovereignty argument national, when compliance is not only an express mandate of constitutional law, but also an international commitment, precisely guarantee fundamental rights.

Venezuela has joined the group of countries who ignore the court system inter-American human rights protection, with aggravating the paradigmatic case is precisely the contempt decision Court American Human Rights ruled on the violation of due jurisdictional due process and independence and tenure of judges. The failure of this constitutional guarantee of the independence of Judicial Branch is not confined to judges, but citizens , because to the extent that those are see their freedom curtailed to decide, can not be doubt that the fundamental rights of citizens themselves are affected. palpable demonstration of this is in addition to dismissal of judges who assert independence, also judicial decisions in clear violation of the rules of law are held to underpin administrative measures clearly unconstitutional, or to dispose resources or actions by any reason Formal not give entry proceedings against the State . Suffice point decisions against workers, unions, professional associations, educators, parents and agents, producers, entrepreneurs traders, journalists and governors and mayors unofficial among other decisions.

The worst of this situation represents frequent violations constitutional right of presumption of innocence and its principal manifestation of the free trial, that the Attorney General and that criminal justice has virtually repealed to convert these rights into exceptions , rather than the rule in respect of guarantees of personal liberty. Today in Venezuela the principle is the low trial deprivation of liberty. The prisons are full of processed and not convicted. In this situation of attacks against the due process and ensuring the independence also cover common cases deferral hearings in criminal cases that extend the periods custody of more beyond the legal and constitutional lapses allowed. And more serious still indefinite extension for writing by writing the sentences whose devices have been announced orally in criminal trials, preventing the accused exercised the appropriate resources. also impunity for the violation of right to privacy official media and pro-government legislators , to intercept and disseminate talks particular show the state of prostration of Public Ministry and institutional absence the People's Advocate. And in terms of control of legality and constitutionality are pathetic latest statistical data show that in 2007 and 2008, on average, only 1.50% of the decisions the Supreme Court, in constitutional and lawful, favored the rights of individuals.

Indeed, anyone can be convinced with the argument that public authorities do not comment illegal or unconstitutional, or work to perfection, or lawyers are less able . For the contrary, the fact is that these decisions are now more deferens or complacent with the government, when are controlled by the ruling (Canova González , Antonio, "The of Reality Administrative Venezuela, Caracas, 2009).

Specifically, the defense of the independence of the courts is a guarantee of civil rights rather than a privilege of judges, because depends on their respect judicial custody fundamental rights, so the defense independence Judicial Branch should be in a major activity in the platform of "Defense the Constitution. "

invite Friends the Red to report and comment on these cases of attacks on judicial independence.

Jesús María Casal

Dean of Law UCAB

Román J. Duque Corredor

President of the Academy Políctias and Social Sciences.