40. On April 14, 2002, “Hugo Chávez was reinstated as President of the Republic.” 26 B.2.1.3. Reactions to the events of April 11, 12 and 13, 2002 41. The events that took place on April 12 and 13, 2002, were considered by the Permanent Council and the General Assembly of the Organization of American States to be “an abrupt interruption of the democratic and constitutional order [in Venezuela].” 27 42. Meanwhile, the media reported that Mr. Brewer Carías had been at “Fort Tiuna” during the early morning hours of April 12, 2002, and linked him to the drafting of the socalled “Carmona Decree.” Mr. Brewer Carías admitted that he had been at “Fort Tiuna”; 28 however, in several press conferences and in his statement before this Court, he denied having participated in the drafting of the said decree. 29 43. On April 26, 2002, the National Assembly appointed a “Special Parliamentary Committee to investigate the events of April 2002.” The report issued by this Committee “urge[d] the citizen power to investigate and determine the responsibilities of individuals […] who, although they were not entitled to carry out public functions, collaborated actively in the conspiracy and the coup d’état. Mr. Brewer Carías was included on the list of persons who should be investigated because, according to the Parliamentary Committee “his participation in the planning and execution of the coup d’état was proved.” 30 B.2.2. Facts relating to the criminal proceedings B.2.2.1. Investigation of Pedro Carmona and the events that occurred on April 11, 12 and 13, 2002 44. To determine the responsibilities of those involved in the events that took place in April 2002, on April 13, 2002, the prosecutor of the national Public Prosecution Service with special competence for banks, insurance and capital markets opened an investigation into the events of April 11, 12 and 13, 2002. 31 26 IACHR. Report on the Situation of Human Rights in Venezuela, 2003. 27 OAS. Resolution of the Permanent Council, Current Situation in Venezuela OEA/Ser.G. CP/doc. 3616/02. May 28, 2002 Available at: http:// www.scm.oas.org/idms_public/english/hist_02/cp09974e06.doc. 28 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) and statement made by Mr. Brewer Carías during the public hearing held in this case. 29 Testimony of Edgar Jose López Albujas before the Sixth Prosecutor on April 21, 2005 (file of annexes to the answering brief, exhibit 9, folio 12334); newspaper articles “Allan Brewer Carías responde a las acusaciones: No redacté el decreto de Carmona Estanga” in “El Globo” on April 17, 2002 (file of annexes to the answering brief, annex 1, exhibit 15, folio 15332); “Brewer Carías se desmarca de Pedro Carmona Estanga” in “País” on April 17, 2002 (file of annexes to the answering brief, annex 1, exhibit 15, folio 15333); “Brewer Carías: no sé quién redactó el Carmona Decree” in “El Nuevo País” on April 17, 2002 (file of annexes to the answering brief, annex 1, exhibit 15, folio 15335); “Brewer-Carías niega haber redactado el decreto” in “El Universal” on April 17, 2002 (file of annexes to the answering brief, annex 1, exhibit 15, folio 15337); Book “En mi propia defensa. Respuesta preparada con la asistencia de mis defensores Rafael Odremán and León Henrique Cottin contra la infundada acusación fiscal por el supuesto delito de conspiración” by Allan Brewer Carías, Editorial Jurídica Venezolana, Caracas, 2006 (file of annexes to the Merits Report, tome I, folios 77 to 660), and statement made by Mr. Brewer Carías during the public hearing held in this case. 30 Report of the Special Parliamentary Committee to investigate the events of April 2002, Caracas, July 2002 (file of annexes to the Merits Report, tome II, folio 937). 31 Order of the Sixth Prosecutor of April 13, 2002 (file of annexes to the answering brief, exhibit 1, folio 16

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