22. They allege that the testimony offered by journalist and politician Jorge Olavarría in support of Allan Brewer Carías’s innocence21 was not taken into account and that to the contrary it was considered as part of the basis for the indictment.22 23. On October 21, 2005, the Sixth Prosecutor formalized the indictment against Allan Brewer Carías and the proceeding went on to an intermediate stage. That decision was appealed by the defense before the Court of Appeals on October 28, 2005.23 The appeal was denied on December 1, 2005. 24. On November 8, 2005, the defense filed a motion for nullity of the entire proceeding based on violations of judicial guarantees.24 They indicate that this request has yet to be ruled on, and that the proceeding is still in an intermediate phase. 25. The petitioners indicate that Brewer Carías participated with his presence at proceedings until September 28, 2005, when he left Venezuela. They note that on October 26, 2005, the defense of Allan Brewer Carías asked the Provisional Judge of Control to guarantee his right to be tried in liberty25 and to make an anticipated declaration that depriving him of liberty during the trial would be out of order, considering that he is not dangerous, is a working man and active in the academy, with residence and roots in Venezuela. They indicate that the provisional judge never ruled on this request. 26. Subsequently, on May 10, 2006, the defense informed the Provisional Judge of Control that Allan Brewer Carías had accepted an appointment was adjunct professor at the Columbia University School of Law in the United States, and they asked that the proceeding continue. They indicate that even though it was known that he was outside the country, on June 2, 2006, the Sixth Provisional Prosecutor asked the Judge to issue an arrest order for Allan Brewer Carías based on danger of flight. In response, on June 15, 2006, the Provisional Judge of Control ordered a measure for his confinement26, which has not been executed given that to date Allan Brewer Carías remains abroad. 27. The petitioners indicate that on July 12, 2006, the Sixth Prosecutor sent a request for cooperation to INTERPOL to search for and locate Allan Brewer Carías, with a view to his preventive detention and possible extradition. In addition, on July 11, 2006, the Ambassador of Venezuela in the Dominican Republic directed a communication to INTERPOL, requesting the arrest of Allan Brewer Carías, as he had been extended an invitation to give a lecture in that country. In addition, the diplomat had denounced him to the media in the Dominican Republic as a “conspirator”. They indicate that in response to those requirements, INTERPOL requested information from the courts on the nature of the crime of which Brewer Carías had been accused “I come before you to give testimony under oath that I have knowledge of the injurious falsehood that he attributes to Mr. Allan Randolph Brewer Carías, of having been the author of the act of constitution of the so-called ‘Transition and National Unity Government installed.… I have personal knowledge that Mr. Brewer did not draft that document. I consider it my duty to so testify.” Annex 35 to the original petition received January 24, 2007, para. 107. 22 “… After six o’clock in the evening of Wednesday, April 10, attorneys Daniel Romero and José Gregorio Vásquez, who I did not know, came to my office. Mr. Romero read what he said was the draft documents for the installation of a transition government. I made some historical observances and Mr. Brewer called his attention to the Inter-American Democratic Charter; it was clear to both of us that the attorneys were ignorant of these matters, because of which we didn’t accord it much importance. When Mr. Brewer and I were leaving we were noting the superficiality and banality of the document.” Annex 36 to the original petition received January 24, 2007, para. 108. 23 Appeal by the defense of the decision of the Twenty-Fifth Judge of Control of October 20, 2005. Annex 47 to the original petition received January 24, 2007. 24 Answer by the defense to the arraignment (la acusación) of Allan Brewer Carías of November 8, 2006. Annex 2 to the original petition received January 24, 2007. 25 They note that Article 44(1) of the Constitution of Venezuela establishes that every person “shall be tried in liberty,” that Article 102 of the Organic Code of Criminal Procedure (COPP) establishes that: ”one shall avoid, especially, requesting preventive deprivation of liberty of the accused when it is not absolutely necessary to ensure the purposes of the proceedings” and that its Article 125(12) establishes that it is a right of the accused “not to be judged in absentia, except as provided in the Constitution of the Republic.” The petitioners indicate that “the possibility of trial in absentia in the case of crimes against public property was eliminated from the Constitution of the Bolivarian Republic of Venezuela in 1999 and therefore the phrase ‘except as provided in the Constitution of the Republic’ is no longer relevant.” Original petition received January 24, 2007, para. 131; and p. 3 of the petitioners’ brief received January 3, 2008. 26 Decision of the Provisional Judge of Control of June 15, 2006, ordering the preventive detention of Allan Brewer Carías. Annex 52 to the original petition received January 24, 2007. 21 6