I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE 1. The case before the Court. On July 5, 2017, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the Court the case of Álvarez Ramos against the Bolivarian Republic of Venezuela (hereinafter the “State”, “the Venezuelan State” or “Venezuela”). According to the Commission, this case concerns the violation of the right to freedom of expression and the political disqualification of Mr. Tulio Álvarez Ramos. In addition, it concerns the State’s alleged international responsibility for the criminal prosecution of Mr. Álvarez for the crime of aggravated defamation. The case was brought against him by a former congressman and President of the National Assembly of Venezuela and resulted in a prison sentence of 2 years and 3 months, and the additional penalty of disqualification from holding public office. During that period, Mr. Álvarez was subject to a precautionary measure barring him from traveling outside the country. The case also concerns the alleged violation of the right to freedom of expression, the right to a fair trial and judicial protection, and the right to freedom of movement and residence, based on the sanctions imposed in the context of the criminal trial, which would have had consequences for the life project of the presumed victim. 2. Proceedings before the Inter-American Commission. The proceedings before the InterAmerican Commission were as follows: a) Petition. On April 25, 2006, the Inter-American Commission received a petition submitted by Tulio Alberto Álvarez Ramos 1 (hereinafter “Tulio Álvarez” or the “presumed victim”), and assigned case number 12.663. b) Report on Admissibility. On July 24, 2008, the Commission approved the Report on Admissibility No. 52/08 (hereinafter “Admissibility Report”). c) Report on Merits. On January 26, 2017, the Commission approved the Report on Merits No. 4/17 (hereinafter “Merits Report”), in which it reached a number of conclusions2 and made several recommendations3 to the State. 3. Notification to the State. The Merits Report was notified to the State in a communication dated April 5, 2017, in which the State was granted a period of two months to report on its compliance with the recommendations. The State reiterated the information presented at the merits stage before the Commission and added some elements related to reparations. The legal name of the presumed victim is Julio Alberto Álvarez Ramos. However, he is referred to, and is better known in Venezuela as Tulio Alberto Álvarez Ramos; therefore, this name will be used in the judgment. 2 The Commission concluded that the State was internationally responsible for the violation of Articles 8 (Right to a Fair Trial), 9 (Freedom from Ex Post Facto Laws), 13 (Freedom of Thought and Expression), 22 (Freedom of Movement and Residence), 23 (Political Rights) and 25 (Judicial Protection) of the American Convention, in relation to Articles 1(1) (Obligation to Respect Rights) and (2) (Domestic Legal Effects) thereof. Report on Merits No. 4/17, Case 12.663, issued by the Commission on January 26, 2017 (Merits file, folio 42, paragraph 131). 3 The Commission made the following recommendations to the State: a. Set aside the criminal conviction of Tulio Alberto Álvarez and all the consequences arising therefrom; b. Guarantee the political rights of Tulio Alberto Álvarez that are still being violated, including the expungement of any records in his criminal history that would disqualify him from continuing to exercise his rights as a citizen; c. Compensate Tulio Alberto Álvarez for the pecuniary and non-pecuniary damages arising from the violations established; d. Bring domestic criminal laws on freedom of expression into line with its obligations under the American Convention on Human Rights and the contents of the Report; and, e. Disseminate the Merits Report throughout the Venezuelan Judiciary. Report on Merits No. 4/17 (Merits file, folio 42, paragraph 132). 1 3