A) Proposed by the Inter-American Commission
1. José Jonathan Zeitune, a lawyer specializing in Public International Law with
experience in issues related to judicial independence, who will render an expert
opinion on “international standards applicable to the effects of the provisional
appointment of judges and prosecutors in relation to the principle of judicial
independence, due process and judicial guarantees of persons subject to criminal
proceedings, particularly in the context of a criminal complaint in which matters
with a [supposed] political content are debated.”
B) Proposed by the representatives:
2. Antonio Canova González, Professor of Constitutional and Administrative Law at the
Central University of Venezuela and at the Andrés Bello Catholic University of
Caracas, who will render an expert opinion on: “the legal system of the judicial
profession in Venezuela, in particular on the Constitutional system, the legal
system, the regimen resulting from the judicial emergency and the current legal
system[;] its conformity with the Constitution and with the requirements of
professionalism, independence and impartiality according to the standards of a
democratic society and its relevance to the criminal proceeding against professor
Brewer Carías.”
3. Carlos Tiffer Sotomayor, Professor of Criminal Law of the University of Costa Rica
and of Criminology at the Universidad Estatal de Estudios a Distancia of Costa Rica,
to render an opinion on: a) “[the] guarantees due to the defendant during the
different phases of the criminal proceeding in the adversarial system, particularly
the investigation phase of that process”; b) “universal standards of independence
and impartiality of judges and their specific application to the proceeding initiated
against professor Allan R. Brewer Carías”; c) “the juridical nature of amnesty, with
particular reference to the principles of criminal legality and equality before the
law”; d) “the protection of the attorney-client relationship, especially regarding
opinions issued in the context of a professional relationship”; e) “a legal opinion
issued by a lawyer as an exercise in freedom of expression”; and f) “reported
violations of the right to freedom of expression of professor Brewer Carías.”
2.
To require the representatives and the State to submit, if they consider it pertinent
and within a non-renewable term that expires on August 12, 2013, any questions deemed
pertinent through the Inter-American Court to the deponents specified in Operative
Paragraph 1 of this Order. The statements and expert opinions required in the preceding
Operative Paragraph shall be presented no later than August 28, 2013.
3.
To require the representatives and the State coordinate and make the necessary
arrangements so that, once the respective questions indicated in Operative Paragraph 2,
the deponents and the expert witnesses may include the respective answers in their
statements rendered by affidavit, under the terms of Considering Paragraph 98 of this
Order.
4.
To require the Secretariat of the Court, once the statements and expert opinions
required in Operative Paragraph 1 have been received, to transmit them to the parties and
to the Commission so that they may submit their observations, in accordance with
Considering Paragraph 98, no later than with their final written arguments and
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