with the principle of subjective impugnability established in Article 433 78 of the Organic Code of Criminal Procedure. F. Requests to leave the country 60. According to the case file, on November 24, 2005, in the context of the precautionary measure barring him from leaving the country, Mr. Álvarez submitted a request to the Criminal Chamber of the Supreme Court to leave the country two days later, on November 26, 2005.79 The case file does not contain the answer to that request. 61. Furthermore, the case file contains reference to a previous request, made in September 2005.80 However, the case file does not include a copy of that request, nor is there any proof that State authorities received or answered it. 62. On October 13, 2006, Tulio Álvarez asked the Ninth Trial Court for permission to move to Washington, D.C., United States of America, to make arrangements related to the proceedings before the Inter-American Commission of Human Rights. He also requested permission to travel to Bogotá, Colombia, to give a series of lectures at various universities in that city, and to attend academic meetings and activities. 81 63. On October 20, 2006, the judge considering his request asked Tulio Álvarez to provide copies of the invitations from the universities, his current passport with the respective visa and the airline tickets,82 for the purpose of granting an authorization to leave the country. 64. In briefs dated October 23 and 30, 2006, Tulio Álvarez presented the documents requested. However, in the second brief he reformulated the request in relation to his visit to Bogotá.83 65. On November 6, 2006, the Ninth Trial Court granted him permission to travel to Bogotá, but with the requirement to appear before the court on November 20, 2006.84 66. On November 20, 2006, Tulio Álvarez appeared before the Ninth Trial Court and, on that occasion, asked the judge for a new authorization to leave the country in order to visit Bogotá again for the publication of the books he had written.85 The case file does not contain information on the processing of that specific request. 67. On January 22, 2007, Tulio Álvarez asked the Ninth Trial Court for a new authorization to leave the country in order to travel to Milan and Rome, in Italy, and Lugano, in Switzerland, in fulfillment of academic contracts.86 Article 433 of the Organic Code of Criminal Procedure: “Legitimation. Parties to whom the law expressly grants that right may appeal judicial decisions. The defense counsel may appeal on behalf of the accused, but never against his express will.” 79 Cf. Request to leave the country submitted to the Criminal Chamber of the Supreme Court on November 24, 2005 (evidence file, folios 882 to 883). 80 Cf. Petition submitted to the ICHR on April 25, 2006 (evidence file, folios 654 and 655); Request to leave the country dated November 24, 2005 (evidence file, folios 882 and 883); Affidavit rendered by Mirtha Guedez Campero (evidence file, folios 2809 and 2811); and affidavit rendered by Víctor Arturo Gill La Rosa (evidence file, folio 2822). 81 Cf. Brief of October 13, 2006 (evidence file, folio 522). 82 Cf. Decision of October 20, 2006, issued by the Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit of the Caracas Metropolitan Area (evidence file, folio 528). 83 Cf. Brief of October 31, 2006 (evidence file, folios 539 to 548) and brief of October 23, 2006 (evidence file, folios 533 to 536). 84 Cf. Decision of November 6, 2006, issued by the Ninth Trial Court (evidence file, folios 549). 85 Cf. November 20, 2006, appearance before the Ninth Trial Court (evidence file, folio 558). 86 Cf. Brief of January 22, 2007 (evidence file, folios 565 to 568). 78 15