though he knew, because of his access to the record of the proceedings, that what he was saying was not true.” 41. With respect to the petitioner’s assertion of truth as a defense, the judge stated that it was admissible under Article 445 of the Venezuelan Criminal Code31 because it pertained to conduct attributed to a member of the National Assembly, in relation to his duties as president of the National Assembly. Nevertheless, he ruled that “Every piece of evidence offered, admitted, and examined led to the conclusion that, at least the specific act that he attributed to the [congressman], […] [was] not proven to be true.” In this regard, the defense was rejected. 42. The petitioner appealed the conviction to the Court of Appeals of the Criminal Judicial Circuit of the Caracas Metropolitan Area. On May 5, 2005, the Third Division of the court ruled the appeal admissible. On September 29, 2005, by majority vote, the Court of Appeals ruled to dismiss the appeal, finding that “There is no evidence that the lower court’s decision entailed any violation of or failure to observe the law and fundamental rights […] that would warrant the absolute nullity of the trial.”32 Judge Judith Brazon Solano dissented, stating that, “This was an appeal of a final judgment, which allows us to examine not only the intrinsic defects of the judgment but also any procedural errors in the rendering of the judgment.”33 43. The petitioner filed a petition for cassation with the Criminal Chamber of the Supreme Court, which dismissed it on grounds of inadmissibility on February 7, 2006.34 The Court found that the judgment of the Third Division of the Court of Appeals was not subject to cassation, as it does not fall within the category of appealable decisions set forth in Article 459 of the Organic Code of Criminal Procedure. That article establishes that, “A petition for cassation may be filed only against judgments of the courts of appeals that decide the appeal, without ordering a new trial, when the Public Ministry has requested in its indictment, or the victim has requested in his or her private prosecution, the imposition of a prison sentence exceeding four years; or the judgment of conviction imposes a sentence exceeding that limit, when the Public Ministry or private prosecutor has requested the imposition of a lower sentence.” 44. On July 3, 2006 the Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit of the Caracas Metropolitan Area ordered the immediate enforcement of the conviction, finding that the petitioner did not qualify for the benefit of conditional suspension of the execution of the sentence.35 The Court ordered that notice of its decision be provided to the National Electoral Council, the Office of Identification and Alien Affairs, and the Criminal Records Division of the Ministry of the Interior and Justice for its enforcement. From that time forward, and as a result of the political disqualification ordered by the court, the petitioner was excluded from the National Electoral Registry and the electoral registry of the Professors’ Association of the Central University of Venezuela. Furthermore, the Court ordered Tulio Álvarez to submit to psychological exams and other procedures in order to be able to obtain the conditional 31 Article 445.- A person charged with the crime of defamation shall not be allowed to argue in his defense the truthfulness or notoriety of the defamatory statement, except in the following instances: 1) When the victim is a public servant and provided that the accusation is related to the performance of his official duties; except as provided in Articles 223 and 227. 2) When legal proceedings have begun or are pending against the defamed person in connection with the allegations. 3) When the complainant formally requests that the judgment also rule on the truthfulness or falsehood of the defamatory statement. If the truth of the allegation is proven, or if the defamed person is convicted for the content of the defamatory charge, then the perpetrator of the defamation shall be exempt from penalties, except in those instances in which the means used in and of themselves constitute the crime described in the article below. Cfr. Venezuela. Criminal Code and the amendments thereto. National Legislative Committee of the National Assembly. Chapter VII. Art. 445. October 20, 2000. 32 Annex 3. Third Division of the Court of Appeals of the Criminal Judicial Circuit of the Metropolitan District of Caracas. Appeal Judgment, case file No. 2367-05. September 29, 2005. Communication from the State dated June 26, 2012. 33 Annex 3. Third Division of the Court of Appeals of the Criminal Judicial Circuit of the Metropolitan District of Caracas. Appeal Judgment, case file No. 2367-05. September 29, 2005. Communication from the State dated June 26, 2012. 34 Annex 5. Criminal Cassation Chamber of the Supreme Court. Cassation Judgment, case file No. AA30-P-2005-00534. February 7, 2006. Communication from the petitioner dated June 18, 2012. 35 Annex 6. Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit for the Caracas Metropolitan Area. Enforcement Judgment No.1429-06, Case File No. 7. July 3, 2006. Communication from the petitioner received on April 12, 2007.