A. Article published in the newspaper “Así es la Noticia” and the complaint filed against Tulio Álvarez 36. On May 23, 2003, Mr. Tulio Alberto Álvarez Ramos published an article entitled “National Savings Bank Looted,”23 in the “Expedientes Negros” (“Black Files”) opinion column of the newspaper “Así es la Noticia”, in which he stated that: During the term of Congressman Willian Lara, as head of the National Assembly, against whom a request for preliminary impeachment proceedings filed by employees and retirees of the institution is pending before the Plenary of the Supreme Court of the institution, two billion bolívares from the employees’ savings bank was used to cover other expenses of the National Assembly. 37. This article was based on official letter DS-OAL-1841, signed by Mr. Yvan Rafael Delgado Abreu, Superintendent of Savings Banks of the Ministry of Finance, which was addressed to the President of the National Assembly of Venezuela, and received by his office on April 28, 2003.24 This official letter stated the following: […] requesting your good offices for the purposes of paying the SAVINGS AND SOCIAL BENEFITS BANK OF THE WORKERS, EMPLOYEES, RETIREES, AND PENSIONERS OF THE NATIONAL ASSEMBLY (CAPSEOJPAN) […] for the debt incurred by this body for contributions and withholdings, which as of the month of February, 2003, totaled approximately ONE BILLION SEVEN HUNDRED ONE MILLION SEVEN HUNDRED TWENTY-THREE THOUSAND THREE HUNDRED SEVENTEEN BOLIVARES AND TWENTY-FIVE CENTIMOS (Bs. 1,701,723,317.25) […]. 38. On December 31, 2003, Mr. Willian Lara filed a complaint against Tulio Álvarez before the Thirty-Sixth Supervisory Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area for criminal defamation pursuant to Article 444 of the Venezuelan Criminal Code.25 That brief was forwarded to the Thirty-Sixth Supervisory Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area26 (hereinafter “Thirty-Sixth Court”). 39. On January 9, 2004, the Thirty-Sixth Court ruled that it did not have jurisdiction to hear this matter, and sent an official letter27 to the Unit of Document Registration and Distribution of the District Criminal Judicial Circuit, instructing it to forward the case to the legally competent judge.28 40. On January 13, 2004, the Head of the Registration and Distribution Unit indicated that the case file from the Thirty-Sixth Court had been assigned to the Seventh Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (hereinafter “Seventh Trial Court”).29 Cf. Newspaper “Así es la Noticia” of May 23, 2003 (evidence file, folios 1907 and 1908). Cf. Official letter DS-OAL-1841(evidence file, folios 167 and 168). 25 Article 444 of the Venezuelan Criminal Code: “Defamation: A person who, in communication with several others, either together or separately, accuses an individual of a given act that could expose him to public scorn or hatred, or that is offensive to his honor or reputation, shall receive a punishment of between three and eighteen months in prison. Should the crime be committed in a public document or in writings or drawings displayed or exposed to the public, or through other public means, the punishment shall be a prison term of between six and thirty months.” 26 Cf. Brief of December 31, 2003 (evidence file, folios 1901, 1903, 1902, 1904, 1906). 27 Cf. Official letter No. 015/04 of January 9, 2004, issued by the Thirty-Sixth Supervisory Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, folio 1911). 28 Cf. Decision of January 9, 2004 (evidence file, folios 1917 to 1912). 29 Cf. Official letter (unnumbered) of January 13, 2004, issued by the Head of the Document Registration and Distribution Unit, Beatriz López (evidence file, folio 1919). 23 24 9