13.
He indicated that the case was taken by the Seventh
Criminal Circuit Trial Court of the Caracas Metropolitan Area (hereinafter
“Seventh Circuit Court”), which admitted it as a complaint filed by a
private party on February 16, 2004.
14.
The petitioner stated that on November 22, 2004 the
complainant filed a request for an injunction to prevent the petitioner
from leaving the country. On December 15, 2004 the Seventh Circuit
Court granted said injunction, and on March 30, 2005 the Second
Interim Court of Appeals of the Criminal Circuit of the Caracas
Metropolitan Area, constituted irregularly, denied the petitioner’s appeal
of the injunction.
15.
According to the information provided by the petitioner, on
February 28, 2005 the Seventh Circuit Court found him guilty and
sentenced him to two years, three months of imprisonment and
additional legal punishment for the crime of continued aggravated
defamation, which is described in Articles 444 and 77 of the Venezuelan
Criminal Code.3
According to the information attached, to date the
petitioner has not been detained because the implementing judge
decided to suspend that sentence and instead impose a system of
reporting.
16.
The petitioner stated that on February 11, 2005, the
Second Court of Appeals of the same judicial circuit denied a
Constitutional amparo appeal which alleged irregularities in the
proceedings. The Court indicated that the denial of the appeal was
based on the fact that the trial was still underway and that, therefore,
the petitioner could use ordinary remedies. As was mentioned, this
denial of amparo was the subject of an appeal that was dismissed on
April 14, 2005 by the Constitutional Court of the Supreme Court
(hereinafter “the TSJ”).
17.
The petitioner stated that on May 5, 2005 he filed an
appeal of the conviction, which was admitted on that same date by the
Third Court of Appeals of the Criminal Circuit Court of the Caracas
Metropolitan Area (hereinafter “the Third Court of Appeals”). He alleged
that after the reporting judge submitted the draft decision which
completely annulled all of the proceedings because of lack of due
3 Message from the petitioner received September 7, 2006. Annex. Conviction
decision in Case No. 246-04, Section IV, adopted by the 7th Criminal Circuit
Trial Court of the Caracas Metropolitan Area, operative section.

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