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RED VZLA Urgent Request to the OTP-3

REDACTED Page 96 of 190 Despite these controversies, she was reappointed by the General Assembly in December 2014, under the presidency of Maduro.384 Even though the Constitution required a two- third vote to appoint a General Prosecutor,385 she was elected by a simple majority vote386 using the PSUV’s majority of 99 out of 163 seats in the National Assembly.387 Several Constitutional Law professors and experts, as well as political leaders and journalists, argued that her appointment was a clear violation of the Venezuelan Constitution.388 International Crisis Group has highlighted the “alacrity with which [Luisa Ortega Díaz] responds to public ‘exhortations’ from the government, as compared with her apparent lack of interest in pursuing cases presented by the opposition.”389 The international NGO called for the “the restoration of the rule of law, and in particular the autonomy of the judiciary, the [Office of Public Prosecutions] and other constitutionally autonomous branches of the state”.390 Ortega has also failed to show any sign of independence and has publicly acknowledged her acquiescence of the GoV’s policies on several occasions including when she publicly mocked a victim who reported sexual violence during his detention during a televised press conference identifying him by name and holding up a photo of a rifle she asked .384 MINISTERIO PÚBLICO. (2015) Luisa Ortega Díaz – Curriculum Vitae 385 See section f, supra. [WHERE?] 386 RUNRUN. (2014) Nombrados Fiscal, Defensor y Contralor por mayoría simple en la AN. Runrun. [Online] 22 December. Available from: y-contralor-por-mayoria-simple-en-la.html [Accessed 24 October, 2015]; EL NUEVO HERALD. (2014) Chavismo elige por mayoría simple a fiscal general, defensor y contralor. El Nuevo Herald. [Online] 22 December. Available from: latina/venezuela-es/article4824984.html [Accessed 24 October, 2015]; MARCANO, E. (2014) Mayoría simple del PSUV designa a autoridades del Poder Ciudadano. El Universal. [Online] 22 December. Available from: del-psuv-designa-a-autoridades-del-poder-ciudadano [Accessed 24 October, 2015] 387 96 PSUV seats and 3 PCV seats (direct political ally). See the official National Assembly website’s list of seats per political party: 388 EL UNIVERSAL. (2015) Escarrá: Orden ejecutiva contra Venezuela viola el derecho internacional y la constitución de EE UU. El Universal. [Online] 16 April. Available from: http://www.el- [Accessed 24 October, 2015]; LA CRUZ, V. (2014) Fiscal acudió al Parlamento para su juramentación. El Universal. [Online] 22 December. Available from: al-parlamento-para-su-juramentacion [Accessed 24 October, 2015]; pol%C3%A9mica-por-designaci%C3%B3n-de-poderes-p%C3%BAblicos/a-18147386 ; SCHARFENBERG, E. (2014) La designación de magistrados adapta la Justicia a la medida del chavismo. El Pais. [Online] 29 December. Available from: [Accessed 24 October, 2015] 389 INTERNATIONAL CRISIS GROUP. (2014) Venezuela: Tipping Point 390 INTERNATIONAL CRISIS GROUP. (2014) Venezuela: Tipping Point. p.18. The report refers to the Office of Public Prosecutions as the “General Prosecutor’s Office” which is an inaccurate translation. However, it is clear that it wants to refer to the Office of Public Prosecutions, since it constantly refers to the job carried on by Ortega Díaz and calls her the “General Prosecutor”, which is also inaccurate. 38796 PSUV seats and 3 PCV seats (direct political ally). See the official National Assembly website’s list

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