108. In this regard, even though during an interview conducted with Mr. Díaz Peña by several State officials on November 21, 2005, he stated that in that place he was “safe and therefore it was preferable that he remained detained [t]here,”217 in briefs of April 5 and 15, and June 30, 2005, March 14, July 11 and August 7, 10 and 14, 2006, and January 29, 2010, Mr. Díaz Peña and his defense counsel asked the judge of the case, the prosecutor assigned to the case, and officials from the State Agency for Human Rights before the International and Inter-American Systems, to transfer him to a detention center other than the DISIP.218 Regarding these requests, the case file only includes answers dated July 13, 2005,219 and February 17, 2010,220 in which the judge of the case rejected them. VI PRELIMINARY OBJECTION OF FAILURE TO EXHAUST DOMESTIC REMEDIES A) Arguments of the parties and of the Inter-American Commission Arguments of the State 109. The State filed the preliminary objection of failure to exhaust domestic remedies. In particular, it argued that Raúl José Diaz Peña “failed to file, exercise and, above all, exhaust the domestic remedies” established by law and the Constitution in the Venezuelan domestic legal system and that, if he had filed them opportunely and not waived them, this would have allowed him to rectify the presumed irregularities in the criminal proceedings instituted against him and denounced before the Court. In this regard, the State referred to the existence of the following remedies: (i) the ordinary remedy of appeal; (ii) the appeal for review, and (iii) the constitutional review. It also indicated that the Venezuelan system of criminal procedure included a stage known as “Execution of judgment,” and that article 478 of the Code of Criminal Procedure showed clearly that any person who was convicted had a series of rights and possibilities related to the execution 217 Decision of November 21, 2005, of the Vice Minister of Legal Security of the General Directorate for Human Rights of the Bolivarian Republic of Venezuela (evidence file, tome XXV, folios 17148 and 17149). 218 Cf. Brief filed on April 5, 2005, before the Twenty-eighth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, tome XI, folios 6170 and 6171); Appearance of Mr. Díaz Peña before the Twenty-eighth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area on April 15, 2005 (evidence file, tome XI, folio 6186); Brief filed on June 30, 2005, before the Twenty-second First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, tome XI, folios 6295 to 6296); Communication addressed by the State Agent for Human Rights before the Inter-American and the International Systems of the Bolivarian Republic of Venezuela to the Inter-American Commission dated August 25, 2006 (evidence file, tome XXV, folio 17145); Hearing of Raúl José Díaz Peña before the Eight-second Prosecutor of the Public Prosecution Service of the Judicial District of the Caracas Metropolitan Area on July 11, 2006 (evidence file, tome XV, folios 9508 to 9509); Hearing on August 7, 2006, before the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, tome XV, folio 9527); Note No. 644-06 of the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area of August 8, 2006 (evidence file, tome XV, folio 9528); Hearing on August 10, 2006, before the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, tome XV, folio 9530); Record of August 14, 2006 of the State Agency for Human Rights before the Inter-American and the International Systems of the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela (evidence file, tome XXV, folios 17150 to 17151); Brief filed on January 29, 2010, before the Seventh First Instance Court for Execution of Judgment of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, tome XXI, folios 14392 to 14393), and Ruling of the Seventh First Instance Court for Execution of Judgment of the Criminal Judicial Circuit of the Caracas Metropolitan Area of February 17, 2010 (evidence file, tome XXI, folio 14394). 219 Cf. Ruling of the Twenty-second First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area on July 13, 2005 (evidence file, tome XI, folio 6310). 220 Cf. Brief filed on January 29, 2010, before the Seventh First Instance Court for Execution of Judgment of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, tome XXI, folios 14392 to 14393), and Ruling of the Seventh First Instance Court for Execution of Judgment of the Criminal Judicial Circuit of the Caracas Metropolitan Area on February 17, 2010 (evidence file, tome XXI, folio 14394). 40