INTER - AMERICAN COMMISSION ON HUMAN RIGHTS COMISION INTERAMERICANA DE DERECHOS HUMANOS COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME ORGANIZACIÓN DE LOS ESTADOS AMERICANOS WASHINGTON, D.C. 2 0 0 0 6 EEUU March 7, 2012 Ref.: Case No. 12.724 Allan R. Brewer Carías Venezuela Mr. Secretary: I am pleased to address you on behalf of the Inter-American Commission on Human Rights in order to file Case No. 12.724, Allan R. Brewer Carías v. the Bolivarian Republic of Venezuela (hereinafter “the State of Venezuela”, “the Venezuelan State” or “Venezuela”) before the jurisdiction of the Inter-American Court of Human Rights. The case relates to the lack of judicial guarantees and judicial protection in the proceedings brought against constitutional attorney Allan R. Brewer Carías for the crime of conspiring to change the Constitution through violent means in connection with the events of April 11 and 13, 2002, in which he was alleged to have participated in the drafting of the so-called “Carmona Decree” ordering the dissolution of the public authorities and the establishment of a “democratic transition government.” In its Merits Report, the Commission concluded that in this particular case the fact that three temporary judges were responsible for hearing the preliminary stage of the criminal proceedings brought against Allan Brewer Carías in itself constituted a violation of judicial guarantees. Moreover, the Commission considered that the fact that one of the temporary judges was suspended and replaced two days after having filed a complaint for failure to comply with an order he had issued requiring that the accused be given access to the complete file on his case, together with the rules and practices in Venezuela regarding the appointment, dismissal and provisional tenure of judges, constituted violations of the guarantees of judicial independence and impartiality and contravened the right to judicial protection. Finally, the Commission considered that not being able to make photocopies of the file and to access it in its entirety violated the victim’s right to have adequate means for preparing his defense. Mr. Pablo Saavedra Alessandri, Secretary Inter-American Court of Human Rights P.O. Box 6906-1000 San José, Costa Rica Enclosure The State ratified the American Convention on Human Rights on August 9, 1977 and accepted the contentious jurisdiction of the Court on June 24, 1981. In that regard, the facts debated in the case fall within the temporal jurisdiction of the Court.