38. According to the version of the events provided by Mr. Brewer Carías – because the State’s version differs from this (infra para. 62) – during the early hours of April 12, 2002, Pedro Carmona Estanga, one of the leaders of the civil protests, had contacted him and “sent a vehicle to collect him from his home.” 20 Mr. Brewer Carías affirms that he was taken to “Fort Tiuna,” the headquarters of the Ministry of Defense and of the General Command of the Army, and that, once there, Mr. Carmona had asked him to examine a document that he had been handed on his arrival; to this end, he was introduced to two young lawyers, Daniel Romero and José Gregorio Vásquez, who were the persons who had shown him the document. 21 The said document would later be known as the “Carmona Decree” and it ordered the “reorganization of the public authorities” and the establishment of a “government of democratic transition.” 22 Subsequently, Mr. Brewer stated that, since he was unable to meet with Mr. Carmona in order to give him his opinion on the document, he left “Fort Tiuna” and returned home. 23 39. That same day, Mr. Carmona Estanga did, in fact, “announce the dissolution of the public authorities and the establishment of ‘government of democratic transition,’ among other measures,” 24 reading the so-called “Carmona Decree.” Among other matters, this decree established the following: 25 1. A government of democratic transition and national unity is established. Pedro Carmona Estanga is designated […] President of the Republic of Venezuela, and hereby becomes the head of State immediately […]. The President of the Republic, in a meeting of the Council of Ministers, is authorized to make the decisions with general effects that are necessary to ensure the most appropriate execution of this decree […]. 2. The name of the Republic of Venezuela is re-established […]. 3. The members of the National Assembly and their substitutes are suspended from office […]. 7. The President of the Republic, in a meeting of the Council of Ministers, may remove and designate temporarily the heads of the organs of the national, state and municipal public authorities, in order to guarantee the democratic institutional framework […]. 8. The reorganization of the public authorities is decreed […], and to this end, the President and other justices of the Supreme Court of Justice, the Prosecutor General, the Comptroller General, the Ombudsman, and the members of the National Electoral Council are removed from their functions that they were performing illegally. […] Venezuelan Parliamentary Group, Political Affairs Committee, entitled “Responsabilidades que sobre el control de orden público tienen las autoridades de la alcaldía del distrito metropolitano de Caracas en relación a los hechos acaecidos el día 11 de abril de 2002” dated April 15, 2002 (file of the answering brief, annex 1, exhibit 2, folios 8903 to 8911). 20 Statement made by Mr. Brewer Carías on June 3, 2002, before the Sixth Prosecutor (file of annexes to the answering brief, annex 1, exhibit 2, folio 8986); statement made by Mr. Brewer Carías during the public hearing held in this case, and testimony of Edgar Jose López Albujas before the Sixth Prosecutor on April 21, 2005 (file of annexes to the answering brief, annex 1, exhibit 9, folio 12336). 21 Statement made by Mr. Brewer Carías on June 3, 2002, before the Sixth Prosecutor (file of annexes to the answering brief, annex 1, exhibit 2, folio 8988). 22 57). Indictment of Mr. Brewer Carías of January 27, 2005 (file of annexes to the Merits Report, tome I, folio 23 “Amid the reigning confusion, I asked Carmona’s assistants to solve my problem of transport in order to leave Fort Tiuna, and they found me a truck […]. I arrived home at dawn.” Statement made by Mr. Brewer Carías on June 3, 2002, before the Sixth Prosecutor (file of annexes to the answering brief, annex 1, exhibit 2, folio 8991). 24 Cf. IACHR, Report on the Situation of Human Rights in Venezuela, 2003. OEA/Ser.L/V/II.118. Doc. 4 rev. 1, October 24, 2003, para. 7. Available at: http://www.cidh.org/countryrep/Venezuela2003eng/introduction.htm “[T]he Commission issued a press release on April 13, 2002, in which it expressed, inter alia, its strong condemnation of the acts of violence and its regret that the most senior authorities were removed from public office, and cautioned that these acts represented a breach of constitutional order. 25 57). Indictment of Mr. Brewer Carías of January 27, 2005 (file of annexes to the Merits Report, tome I, folio 15

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