The process of institutional transformation that Venezuela is experiencing after the US military operation of January 3, which culminated in the capture of Nicolás Maduro and Cilia Flores, reached the Supreme Court of Justice (TSJ).
The National Assembly took the first step by appointing the Preliminary Judicial Nominations Committee, which will evaluate the candidacies of aspiring judges. Applications from civil society were received until May 1 and names emerged of those who aspire to choose the new names of the Judiciary.
However, organizations such as Transparency Venezuela questions the initiative. “The question that immediately arises is why a new designation process is started if just four years ago, in 2022, a broad ‘renewal’ of the TSJ was carried out,” they point out.
The answer, according to the president of Parliament, Jorge Rodríguez, lies in the numerous vacancies generated by retirements, resignations and reassignments to other responsibilities, a response also questioned by the NGO.
Parliament must fill at least 12 vacancies (more than half of the highest court), according to a balance that combines the eight retirements announced on April 27 and others detected by Transparencia Venezuela.
Among the most relevant absences are:
Constitutional Chamber: Two absolute vacancies for more than a year. Judge Gladys Gutiérrez (former president of the TSJ) left in April 2024 to take over as ambassador to Spain. His colleague Calixto Ortega was appointed ambassador to the International Criminal Court (ICC) shortly after his re-election and never returned to his position, despite leaving The Hague at the beginning of 2024.
Political-Administrative Room: Absolute absence of Judge Bárbara César Siero, who disappeared from the public scene at the beginning of 2024. Her departure coincided with the arrest of two of her brothers, soldiers accused of participating in alleged conspiracies against the Maduro government. The Chamber incorporated a substitute in March 2024 without detailing the precise causes of his absence.
Social Room: Judge Carlos Alexis Castillo was appointed Minister of Labor by the acting president Delcy Rodríguez in March. Although initially there was talk of a temporary absence, his name already appears in the “history of magistrates” section of the TSJ website, which indicates an absolute vacancy.
Retirements and profiles of outgoing judges
The retirements announced in April affect figures with long careers and close ties to the previous regime:
- Maikel Moreno (Criminal Chamber): He remained in the TSJ for more than 20 years. Sanctioned by 42 countries and investigated in the United States for alleged corruption, where a reward of USD 5 million was offered for his capture.
- Elsa Janeth Gómez Moreno (Criminal Chamber): Aunt-in-law of Cilia Flores’ family. She was questioned in 2013 for an “inexcusable error” in a corruption case and recently accused of her role in the judicial persecution of opponents after the 2024 elections.
- Luis Fernando Damiani Bustillos (Constitutional Chamber): Member since 2010, he had secured 24 more years in 2022.
- Edgar Gavidia Rodríguez (Social Room): Brother of Walter Gavidia (ex-husband of Cilia Flores) and historical activist of Chavismo.
- Henry José Timaure Tapia (Civil Chamber): Military member of the “Los Montilleros” promotion, the same as Diosdado Cabello.
- Carmen Enedia Alves Navas (Civil Chamber), Juan Carlos Hidalgo Pandares and Malaquías Gil Rodríguez (Political-Administrative Chamber), the latter two also military personnel with careers in the judicial field and internationally sanctioned for corruption and human rights violations.
After the departures, in several rooms the majority of the members will now be substitute magistrates. The Electoral Chamber is the only one that does not register withdrawals until now; It was the same one that validated the re-election of Nicolás Maduro in July 2024.
The process that is beginning now seeks to fill these positions with a mechanism that includes the participation of civil society through the Preliminary Judicial Nominations Committee.
Parliamentary sources indicate that the objective is to advance in the “institutional normalization” of the Judiciary after the political changes that have occurred in the country. The final appointment of the new judges will be in the hands of the National Assembly once the Committee delivers the list of suitable candidates.
Ttasparencia warns that this situation shows a profound reconfiguration of the highest court without sufficient levels of public information and institutional transparency.
