6.On January 14, 2009, the petitioners asked the Commission to continue processing the case.
On February 4, 2009, the Commission reiterated its request for observations to the State; it did
not receive any response. On February 6, 2009, the petitioners filed a communication by which
they questioned the reiteration of the request for observations from the State. On August 31,
2009, after the deadline originally set by the Commission had passed, the State submitted its
response to the petition.
III.

THE PARTIES’ POSITIONS

A.

The petitioners’ position

1.

Context

7. The petitioners allege that from December 2001 to April 2002 there was an intense social
mobilization of protest against several policies of the Government of President Hugo Chávez
Frías. They indicate that on April 11, 2002, the commanders of the Armed Forces stated their
repudiation of the authority of the President of the Republic, and the next day General Lucas
Rincón informed the population that “the President of the Republic was asked to resign from his
position, which he accepted.”2
8. The petitioners allege that in the early morning hours of April 12, 2002, Pedro Carmona
Estanga, one of the leaders of the civic protests, communicated with jurist Allan Brewer Carías3
and sent a vehicle to pick him up at his residence. They indicate that Brewer Carías was taken
to “Fort Tiuna,” headquarters of the Ministry of Defense and of the General Command of the
Army. They indicate that he was received there by two lawyers4who showed him a draft decree,
later known as the “Carmona Decree,” which ordered the dissolution of the constituted
authorities and the establishment of a “government of democratic transition.”
9. They allege that at approximately noon Allan Brewer Carías went to the Miraflores Palace to
personally tell Carmona Estanga that he rejected the document as it strayed from the
Constitution and was in violation of the Inter-American Democratic Charter. They indicate that
he finally had to do so by telephone. That same day Mr. Pedro Carmona Estanga announced the
dissolution of the constituted authorities and the establishment of a “government of democratic
transition,” among other measures. They indicate that the announcement of a “coup against the
Constitution” provoked reactions that led to the reinstatement of Hugo Chávez as President of
the Republic on April 13, 2002.
10. They note that afterwards the media speculated5 as to the presence of Allan Brewer Carías
during the early morning hours of April 12, 2002 at “Fort Tiuna” and identified him as the
Albor Rodríguez (ed.), Verdades, mentiras y Videos. Lo más relevante de las interpelaciones en la Asamblea Nacional
sobre los sucesos de abril, Libros El Nacional, Caracas (2002), pages 13 and 14, cited in original petition received January
24, 2007, page 9.
3
The petitioners note that Allan Brewer Carías is a jurist with well-known experience and expertise in constitutional law,
the defense of democracy, the rule of law, and human rights who had voiced strong criticisms of a series of decisions
adopted by Executive decrees in Venezuela. Original petition received January 24, 2007, paras. 13-20.
4
In his statement to the Public Ministry, Allan Brewer Carías said: “They took me to a small cubicle where Mr. Carmona
was; I greeted him and he asked me to analyze a document they had given him when he arrived there, to which end he
put me in touch with two young lawyers by the names of Daniel Romero and José Gregorio Vásquez, who were the ones
who showed me the document….” Cited in the formal indictment of Allan Brewer Carías of January 27, 2005, Annex 5 to
the original petition received January 24, 2007.
5
Edgar López, Carta Interamericana Democrática fundamenta Gobierno de Transición. In: El Nacional, April 13, 2002;
Laura Weffer Cifuentes, Cómo se fraguó la renuncia de Hugo Chávez. In: El Nacional, April 13, 2002; Mariela León,Primer
Presidente Empresario. In: El Universal, April 13, 2002; Patricia Poleo, Factores de Poder. In: El Nuevo País, April 16
and 17, 2002; Ricardo Peña, Círculo íntimo. In: El Reporte, April 18, 2002; Patricia Poleo, Factores de poder. In: El
Nuevo País, April 25, 2002; Francisco Olivares, interview with Daniel Romero, Los militares manejaron todas las
decisiones políticas. In: El Universal, April 26, 2002; Milagros Socorro, Al país se le tendió una trampa. In: El Nacional,
April 27, 2002; Francisco Olivares, Historia del segundo decreto. In: El Universal, April 28, 2002; Nitu Pérez Osuna, El
video de Chávez retenido. In: El Mundo, May 3, 2002; Television programs of Rafael Poleo and Patricia Poleo, Dominio
Público (Venevisión), April 12 2002; César Miguel Rondón interview with Teodoro Petkoff on 30 Minutos (Televén), May
12, 2002; Domingo Blanco interview with Patricia Poleo on Primera Página (Globovisión), April 15, 2002; César Miguel
Rondón interview with Patricia Poleo on 30 Minutos (Televén), April 16, 2002; Luisiana Ríos and Carlos Omobono
interview Patricia Poleo on La Entrevista(RCTV), April 16, 2002; Carlos Fernández interviews Tarek William Saab on
2

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