forwarded this information to the Superior Prosecutor of the Public Prosecution Service of the Metropolitan Area of Caracas that same day. 58 On June 29, 2005, the appointment of the Twenty-fifth Judge, Manuel Bognanno, was annulled, 59 and he was replaced by Judge José Alonso Dugarte Ramos in the First Instance Court of the Criminal Judicial Circuit Metropolitan Area of Caracas 60. 57. On August 10, 2005, the defense filed another brief before the Twenty-fifth Judge insisting on the admission of the testimonies offered, on the technical transcription of the videos, and on compliance with the decision of the Court of Appeal of July 6, 2005. 61 58. Mr. Brewer Carías left Venezuela on September 29, 2005, 62 and, on May 10, 2006, his defense counsel informed the supervisory judge that Mr. Brewer Carías would not return until “the conditions were appropriate to obtain an impartial trial that respected his judicial guarantees” (infra para. 73). 59. On October 4, 2005, Mr. Brewer’s defense filed before the Twenty-fifth Court a request for the annulment “of all the actions taken by the Public Prosecution Service” as a result of a book published by the Prosecutor General entitled “Abril comienza en octubre” in which the latter had referred to “certain statements by someone according to which Mr. Brewer was the author of the “Carmona Decree.” This request for annulment has still not been decided (infra para. 92). 60. On October 20, 2005, the Twenty-fifth Judge issued a decision in which: 63 (i) he once again refused the request for a transcript of all the videos, as well as the statements of four witnesses offered by the defense, and (ii) refused the request for the testimony of Mr. Carmona Estanga, because he considered that since the latter had been accused in the case, his testimony would have no probative value. The defense appealed this decision on October 28, 2005. 64 B.2.2.3. Indictment of Mr. Brewer Carías 61. On October 21, 2005, the Sixth Provisional Prosecutor formally indicted Mr. Brewer Carías and two other persons accused of presumed participation in “the perpetration of the 58 Note No. 632-05 of June 27, 2005, of the Twenty-fifth Judge (file of annexes to the Merits Report, tome III, folio 1139 and 1140). 59 Ruling of the Supreme Court of Justice of June 29, 2005 (file of annexes to the motions and arguments brief, tome VI, folio 7105). This ruling indicated: “the appointments of the following professionals are annulled […]: the lawyer, Manuel Antonio Bognanno […], temporary judge of the First Instance Court of the Criminal Judicial Circuit […], owing to observations made to this office.” 60 Table of appointments made by the Executive Directorate of the Judiciary dated June 29, 2005 (file of annexes to the Merits Report, tome III, folio 1142). 61 Brief submitted by the defense on August 10, 2005, to the Twenty-fifth Supervisory Judge (file of annexes to the Merits Report, tome III, folios 1148 to 1196). 62 Note of the Immigration and Border Areas Directorate of the Ministry of the Interior and Justice of March 16, 2006, indicating that the Immigration Identification System had recorded the departure of Mr. Brewer Carías (file of annexes to the answering brief, exhibit 20, folio 17454). 63 Decision of the Twenty-fifth Supervisory Judge of October 20, 2005 (file of annexes to the Merits Report, tome III, folios 1234 to 1238). 64 Appeal by the defense before the Twenty-fifth Supervisory Judge received on October 28, 2005 (file of annexes to the Merits Report, tome IV, folios 1636 to 1700). 20