end, official notice was reportedly sent to the competent authorities in order for the measure to be entered
into the information system and take legal effect.
IV.
ESTABLISHED FACTS
24.
Pursuant to Article 43.1 of its Rules of Procedure (hereinafter the “Rules of Procedure of the IACHR”),
the Commission will examine the arguments and evidence presented by the parties, and will take account of
information that is a matter of public knowledge,2 including its own reports on the general situation of human
rights in Venezuela, publications of non-governmental organizations, laws, decrees, and other regulations in
force when the facts at issue in this matter took place.
Background
25.
The alleged victim Tulio Álvarez, a Venezuelan national, is a lawyer, writer, and university professor.3
At the time of the events, he regularly published opinion columns in the national press. He was also working
as a constitutional lawyer. According to what the IACHR was able to verify, the petitioner filed criminal
complaints seeking the prosecution of then-President Hugo Chávez Frías and other State authorities during
the years prior to the events that gave rise to this case. For instance, in 2002, he filed a criminal complaint and
a request for preliminary impeachment hearings against President Chávez for the alleged illegal financing of
his election campaign and his political party, Movimiento Quinta República.4 That year, he also requested the
nullification of the energy agreement for the supply of oil entered into by Venezuela and Cuba, and brought a
criminal action against the former president of Venezuela for these acts.5 It has also been established that the
alleged victim requested preliminary impeachment hearings against the Attorney General of the Republic,
Julián Isaías Rodríguez Días, for the alleged denial of justice and procedural fraud in relation to the handling
of the aforementioned complaints.6 All of these requests were ruled inadmissible by the Venezuelan Supreme
Court, on grounds of implausibility.
26.
At the time of the events, the petitioner was also the attorney representing an employees’ union of
the National Assembly of Venezuela and the Retirees and Pensioners Association of the National Assembly.7
In that capacity, on March 5, 2003, he filed a request before the Plenary of the Supreme Court for preliminary
impeachment hearings against the president of the National Assembly, Congressman Willian Lara, for the
alleged commission of “Aggravated Misappropriation of Public Funds, Intentional Embezzlement and
Negligent Embezzlement,” provided for and punishable under Articles 60, 58, and 59 of the Organic Law to
Safeguard Public Assets.8 That request alleged “the use of monies from the benefits fund to make payments
and honor commitments totally unrelated to the employees’ rights. The latter allegation concerns payments
2 Article 43.1 of the Rules of Procedure of the IACHR: The Commission shall deliberate on the merits of the case, to which end it
shall prepare a report in which it will examine the arguments, the evidence presented by the parties, and the information obtained during
hearings and on-site observations. In addition, the Commission may take into account other information that is a matter of public knowledge.
3 Annex 1. Tulio Álvarez´s Curriculum Vitae (CV), included in the enforcement Judgment No.1429-06, Case File No. 7, of July 3,
2006, of the Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit for the Caracas Metropolitan Area. Annex
to the judgment, pp. 31-33. Communication from the petitioner received on April 12, 2007.
4
Annex
14.
Supreme
Court.
Judgment
of
September
http://www.tsj.gov.ve/decisiones/tplen/Septiembre/00-antejuicio-alvarez-vencida.htm
24,
2002.
Available
at:
5 Annex 15. Supreme Court. Judgment of August 24, 2004. Available at: http://www.tsj.gov.ve/decisiones/scon/Agosto/1802240804-02-0416.htm;
Supreme
Court.
Judgment
of
November
20,
2002.
Available
at:
http://www.tsj.gov.ve/decisiones/scon/Noviembre/2911-201102-02-0416%20.htm
6
Annex
16.
Supreme
Court.
Judgment
of
September
24,
2002.
Available
http://historico.tsj.gob.ve/decisiones/tplen/febrero/ANTEJUICIO%20DE%20M%C3%89RITO%20N%C2%B0%20AA10-L-2002000049.HTM
at:
7 In his observations on the merits, the petitioner stated that at that time he was the legal representative in 200 lawsuits filed
by employees and retirees of the National Assembly. The State did not dispute that information.
8 Annex 17. Supreme Court. Judgment of April 24, 2003. Available at: http://www.tsj.gov.ve/decisiones/tplen/Abril/AA10-L2003-000028.htm