4.
Submission of the case to the Court. On July 5, 2017, the Inter-American Commission
submitted to the Court all the facts concerning the human rights violations described in the
Merits Report.
5.
Requests from the Inter-American Commission. The Inter-American Commission asked
the Court to declare the State of Venezuela’s international responsibility for the violations cited
in the Merits Report and, as measures of reparation, to order the State to implement the
recommendations included in that report (supra para. 2).
II
PROCEEDINGS BEFORE THE COURT
6.
Notification to the State and the representatives. The submission of the case by the
Commission was notified to the State and to the representatives of the presumed victim on
August 14, 2017.
7.
Brief with pleadings, motions and evidence. On October 23, 2017, Tulio Álvarez
submitted the brief with pleadings, motions and evidence (hereinafter “pleadings and motions
brief”), in accordance with Articles 25 and 40 of the Court’s Rules of Procedure. 4 This coincided
substantially with the arguments of the Commission. The presumed victim also requested
access to the Victim’s Legal Assistance Fund of the Inter-American Court (hereinafter “the
Legal Assistance Fund”).
8.
Preliminary objection and answer brief. On March 14, 2018, the State submitted a brief
containing a preliminary objection and the answer to the submission of the case and
observations to the brief with pleadings, motions and evidence (hereinafter “answer” or
“answer brief”), under the terms of Article 41 of the Court’s Rules of Procedure. The State
filed a preliminary objection alleging the late submission of the case before the Court. In
addition, it rejected the State’s responsibility for any violation. It also challenged the
admissibility of the new facts and alleged victims included in the pleadings and motions brief.
9.
Observations on the preliminary objection. On May 10, 2018, the representatives and
the Inter-American Commission, respectively, submitted briefs containing their observations
on the preliminary objection.
10.
Legal Assistance Fund. In a Decision issued on February 12, 2018, the President of
the Court declared admissible the request filed by the presumed victim to have access to the
Victims’ Legal Assistance Fund.5
11.
Public hearing. On June 21, 2018, the President of the Court issued an Order 6 in which
he summoned the parties and the Commission to a public hearing on the preliminary objection
and possible merits, reparations and costs, and to hear the final oral arguments and final
The representatives asked the Court to declare the State’s international responsibility for the following:
1) The violation of the right to the freedom of thought and expression, enshrined in Article 13 of the Convention; 2)
the right to a fair trial, specifically the presumption of innocence and the right to defense, enshrined in Article 8 of
the Convention, and of the basic guarantees established in subparagraphs 8(2)(b), 8(2) (c), 8(2) (f) and 8(2)(h) of
the Convention; 3) the violation of the right to judicial protection enshrined in Article 25 of the Convention; 4) the
violation of the right to freedom of movement enshrined in Article 22(1), and 22(3) of the Convention; 5) protection
of the principle of equality and freedom from ex post facto laws enshrined in Article 9 of the Convention; and 6) the
violation of political rights enshrined in Article 23 of the Convention; to the detriment of Tulio Álvarez Ramos and in
relation to Articles 1(1) and (2) thereof.
5
Case of Álvarez Ramos v. Venezuela. Victims’ Legal Assistance Fund. Decision of the President of the Inter-American Court
of Human Rights, February 12, 2018. Available at: http://www.corteidh.or.cr/docs/asuntos/alvarezramos_fv_18.pdf.
6
Case Álvarez Ramos v. Venezuela. Decision of the President of the Inter-American Court of Human Rights, June 21, 2018.
Available at: http://www.corteidh.or.cr/docs/asuntos/alvarez_21_06_18.pdf.
4
4