REPORT Nº 52/08 1
PETITION 400-06
ADMISSIBILITY
TULIO ALBERTO ÁLVAREZ
VENEZUELA
July 24, 2008
I.

2

SUMMARY

1.
On April 26, 2006 the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission,” “the
Commission,” or “the IACHR”) received a petition submitted by Tulio
Alberto Álvarez (hereinafter “the petitioner” or “the alleged victim”)
against the Bolivarian Republic of Venezuela (hereinafter “the State” or
“the Venezuelan State”) regarding the criminal trial and sentence
imposed on him for the crime of aggravated defamation as a result of
his statements about alleged embezzlement committed by a former
Deputy and President of the National Assembly. The petition alleges
that the narrated events constitute violations of the rights protected by
Articles 8 (right to a fair trial), 11 (right to privacy), 13 (freedom of
thought and expression), 24 (right to equal protection), and 25 (right to
judicial protection), as related to the general obligations established in
Article 1(1) of the American Convention on Human Rights (hereinafter
“the American Convention” or “the Convention”).
2.
On its part, the State argued that the penal process
against the presumed victim was pursuit in accordance and respect of
the Venezuelan law. Additionally, the State informed that on December
20, 2007 the Ninth Court of the First Instance in Functions of Execution
of the Judicial Penal Circuit of the Metropolitan Area of Caracas granted
Mr. Alvarez the conditional suspension of the Execution of the Sentence
for the lapse of one year by virtue of the request interposed by the
representatives of the presumed victim before the IACHR and that
resulted in an express request of the Commission to the State “to leave
without effects the execution of the judgment until the case is solved in
a definitive manner by the organs of the inter-American system of
human rights”.
1 According to Article 17.2 of the Rules of Procedure of the Commission,
Commission member Luz Patricia Mejía, a Venezuelan national, did not
participate in either the debate or decision in this case.
2 In the judicial files, the names “Julio Alberto Álvarez” and “Tulio Alberto
Álvarez” are used indiscriminately; however, the Commission identifies the
alleged victim as Tulio Álvarez, the name he calls himself.

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