45.
Between 2002 and 2005 at least four provisional prosecutors investigated the events
related to the events of April 11, 12 and 13, 2002, including those concerning the drafting
of the “Carmona Decree.” Initially, provisional prosecutor José Benigno Rojas was in charge
of the investigation; 32 he was then substituted by provisional prosecutor Danilo Anderson 33
and, on August 28, 2002, the investigation was taken over by Luisa Ortega Díaz as
substitute for the Sixth Prosecutor of the Public Prosecution Service at the National Level. 34
46.
On May 10, 2002, Mr. Brewer was summoned “to an interview [on May 15, 2002,] in
connection with the investigation” conducted against Pedro Carmona. 35
47.
On May 22, 2002, Ángel Alberto Bellorín, a colonel on active duty with the
Venezuelan Army, filed a complaint before the Prosecutor General in which he indicated that
“it is a well-known fact, widely reported by the media” 36 that Mr. Brewer Carías and three
other persons were the authors of the “Carmona Decree,” and referred to the supposed
authors “as experts in constitutional matters.” 37
48.
On June 3, 2002, Mr. Brewer Carías “appeared in answer to a summons” before the
prosecutor responsible for the proceedings. 38 On July 9, 2002, a witness, Jorge Olavarría, 39
submitted a brief to prosecutor Rojas in which he indicated that he could “confirm that [Mr.]
Brewer did not draw up that document.” 40
49.
On October 5, 2003, four members of the National Assembly filed another complaint
against Mr. Brewer and three other persons for supposedly being “those who conceived and
executed the elaboration, drafting and announcement to the country of the […] Carmona
Decree.” 41
50.
Twenty-fifth temporary Judge Josefina Gómez Sosa was initially assigned during this
stage of the proceedings, at which time Mr. Brewer had not yet been charged. On December
8214).
32
Order of the Sixth Prosecutor of April 13, 2002, folio 8214.
33
Order of the Sixth Prosecutor of September 15, 2004 (file of annexes to the answering brief, exhibit 6,
folio 10547).
34
Public Prosecution Service decision No. 539 of August 28, 2002, issued by the Prosecutor General (file of
annexes to the motions and arguments brief, tome III, folio 5270).
35
Summons of May 10, 2002 (file of annexes to the answering brief, exhibit 2, folio 8742).
36
Complaint filed by Ángel Bellorín on May 22, 2002 (file of annexes to the Merits Report, tome II, folios 940
to 975), and testimony of witness Ángel Bellorín during the public hearing held in this case.
37
Complaint filed by Ángel Bellorín on May 22, 2002, folios 940 to 975.
38
Statement made by Mr. Brewer Carías on June 3, 2002, before the Sixth Prosecutor (file of annexes to the
answering brief, exhibit 2, folios 8986 to 8998).
39
Jorge Olavarría was a member of the 1999 Venezuelan Constituent Assembly. On April 10, he met with
Mr. Brewer Carías in his office. Mr. Brewer stated that “at the start of the meeting […] two young lawyers arrived”
with a draft of what would be the “Carmona Decree.” Mr. Olavarría asserted that he and Mr. Brewer observed the
“unconstitutionality and the violation of the Inter-American Democratic Charter” that this document implied. “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, folio 98).
40
Brief of Jorge Olavarría submitted to the Prosecutor General on July 9, 2002 (file of annexes to the
motions and arguments brief, tome IV, folios 6148 and 6149).
41
Complaint of October 5, 2003 (file of annexes to the answering brief, exhibit 6, folios 10691 and 10692).
17