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.