this precedent was set, the same measure was imposed on the editor of
the newspaper “Así es la Noticia,” Mrs. Ibéyise Pacheco.
21.
The petitioner also argued that he never had the
opportunity to defend himself appropriately during hearings held
throughout the trial. He specifically indicated that in one of the hearings
the charges were increased, without giving him sufficient time to
prepare his defense. He also said that at a hearing on February 3,
2004, while a witness was explaining how he had obtained the report
from the Superintendent of Savings Banks, the hearing judge ordered
that the witness be detained and accused him of committing “a hearing
crime” as described in Article 345 of the COPP, and of perjury, as
described in Article 243 of the Criminal Code. He asserted that said
order was based on documents previously submitted by the
complainant’s attorney, to which the defendant never had access.
22.
The petitioner further indicated that during the trial and in
order to prove his innocence, he asked the trial judge to order the
competent agencies to produce their reports, in order to certify the
existence of the documents mentioned in the article which led to the
complaint. The petitioner affirmed that this request was ruled
inadmissible for being irrelevant and unnecessary. He further indicated
that other evidentiary procedures were denied by the trial judge.
23.
The petitioner also alleged that on the morning of January
26, 2005, a few hours before leaving to testify in one of the oral
hearings of his criminal trial, he fell ill with a bad headache and severely
high blood pressure, and was told to rest immediately. He states that in
light of the situation, his attorney asked the trial judge to suspend the
proceedings. He added that the same day the complainant requested
copies of that request from the judge, who then ordered a legal medical
examination of the defendant. Based on that order, the next day a
commission from the Judicial Police comprised of several patrol officers
showed up at the homes of his relatives and his office. In the
petitioner’s view, this constitutes a violation of his right to privacy.
24.
The petitioner asserted that the measure preventing him
from leaving the country, as well as the criminal conviction, are reprisals
for his involvement in public affairs, particularly in defense of the
environment, indigenous communities, and human rights. He also
indicated that in 2000 he filed criminal charges against the President of
Venezuela for alleged improprieties in the financing of his electoral
campaign; in 2001 and 2002 he requested the nullification of an
agreement signed by the government to supply other countries with