2
The Commission has designated Commissioner Felipe González, and Executive
Secretary Santiago A. Canton, as its delegates. Likewise, Elizabeth Abi-Mershed, Deputy
Executive Secretary; Tatiana Gos, Lilly Ching y Karin Mansel, attorneys of the Executive
Secretariat of the IACHR, have been designated to serve as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court,
the Commission is enclosing with this communication a copy of Report 171/11 prepared in
compliance with Article 50 of the American Convention, as well as a copy of the entire file
before the Inter-American Commission (Appendix 1) and the annexes used in the
preparation of Report 171/11 (Annexes). The Commission adopted Report on the Merits No.
171/11 on November 3, 2011 and forwarded it to the State on December 7, 2011, granting it
two months to report on steps taken to comply with the Report’s recommendations. On
February 7, the State presented a communication which did not provide information
regarding compliance with the recommendations made by the Commission but rather
questioned the conclusions of the Merits Report, based on arguments invoked by the State
on a number of occasions throughout the processing of the case that were duly and timely
analyzed.
The Commission submits this case to the jurisdiction of the Inter-American Court in
view of to the need to obtain justice for the victims, the nature and gravity of the violations
found, and the failure of the State to carry out the recommendations.
The Inter-American Commission is submitting to the jurisdiction of the Court the full
facts and human rights violations as set out in merits report 171/11 and asks the Court to
adjudge and declare the international responsibility of the State of Venezuela for:
violating articles 8 and 25 of the American Convention, in relation to articles
1.1. and 2, with respect to Allan R. Brewer Carías.
Consequently, the Commission is asking the Inter-American Court to order the
following reparations:
That the State adopt measures to ensure the independence of the
judiciary, with reforms to strengthen the procedures whereby judges and
prosecutors are appointed and removed, to affirm their tenure in those
positions, and to eliminate the temporary status of the vast majority of judges
and prosecutors, in order to uphold the rights to judicial protection and to a
fair trial established in the American Convention.
1.

Should the criminal proceedings against Allan Brewer Carías
continue, that the State establish the conditions necessary to ensure that the
trial is conducted in accordance with the guarantees and standards
enshrined in Articles 8 and 25 of the American Convention.
2.

That the State make appropriate reparations for the human rights
violations established in this report, in both their material and moral
dimensions.
3.

Moreover, the Commission points out that this case contains elements affecting interAmerican public interest already addressed by the human rights protection system with
respect to the principle of judicial independence established in Article 8.1 of the American
Convention. The Commission considers that this case will enable the Court to apply its
jurisprudence regarding the temporary nature of the Judiciary in Venezuela from a different

Select target paragraph3