agreed to issue the warrant for the arrest of Mr. Brewer Carías, 88 having decreed the measure of judicial preventive detention. The reasons given by the judge in this decision were, inter alia, that: (i) “[Mr.] Brewer Carías had clearly expressed his intention not to submit to criminal prosecution; hence his intention of avoiding the administration of justice was evident”; (ii) “a wrongful act existed that warranted imprisonment (from 12 to 24 years), and the action had evidently not prescribed,” and (iii) “based on the facts revealed by the investigation that have been provided as evidence by the Public Prosecution Service, the presumably wrongful acts or conduct that is attributed to the accused are subsumed in the illegal act defined by the offense of conspiracy to change the Constitution by violent means.” On the same date, certified copies of this decision were sent to the Director of the Scientific, Criminal and Criminalistics Investigations Unit. 89 The warrant has not been executed because, to date, Mr. Brewer Carías remains abroad. B.2.2.5. Continuation of the proceedings after the preventive detention order 75. On February 22, 2007, the defense counsel of José Gregorio Vásquez, who had been charged together with Mr. Brewer Carías, advised the Twenty-fifth Court that “[t]he order for the preventive detention of [Mr.] Brewer Carías, and the impossibility of executing this order because he was abroad […], made it necessary for this Supervisory Court, following the preliminary hearing, […] to take a decision on separating the case against [Mr.] Brewer Carías because, in order to try this person, it might be necessary to take special measures to be determined by the Court.” 90 On March 7, 2007, the Twenty-fifth Judge decided not to separate the case, “because this court will rule [on that issue] during the preliminary hearing, which has already been scheduled.” 91 Mr. Vásquez appealed this decision on March 23, 2007, 92 and his appeal was granted by the Court of Appeal, which decided to annul the decision of March 7, and ordered that a new decision be issued. 93 Accordingly, on July 20, 2007, the said judge again decided not to separate the case, indicating that: 94 “In the case in question, the preliminary hearing has not been postponed owing to the failure to appear of [Mr.] Brewer Carías; to the contrary, the different delays noted in the records of this case file have been due to the numerous requests filed by the different defense counsel of those accused. […] The binding judgment of the Constitutional Chamber of the Supreme Court of Justice […] of December 22, 2003, should be emphasized, which states that when there are several parties to a criminal proceeding, and one of them is absent for different circumstances, the proceedings must be suspended until all these persons are present for the said proceeding. […] 88 Decision of the Twenty-fifth Court of June 15, 2006 (file of annexes to the answering brief, annex 1, exhibit 20, folio 17435). 89 Note of the Twenty-fifth Court of June 15, 2006 (file of annexes to the answering brief, annex 1, exhibit 20, folio 17493). 90 Brief of the defense counsel of José Gregorio Vásquez submitted to the Twenty-fifth Court on February 22, 2007 (file of annexes to the answering brief, annex 1, exhibit 21, folios 18319 and 18320). 91 Decision of the Twenty-fifth Court of June 15, 2006 (file of annexes to the answering brief, annex 1, exhibit 20, folio 18413). 92 Brief of the defense counsel of José Gregorio Vásquez submitted to the Twenty-fifth Court on March 23, 2007 (file of annexes to the answering brief, annex 1, exhibit 22, folios 18531 and 18538). 93 Ruling of the Twenty-fifth Court of the Judicial Circuit of the Metropolitan Area of Caracas of July 20, 2007 on the brief submitted by the defense counsel of José Gregorio Vásquez (file of annexes to the motions and arguments brief, tome v, folios 6832 to 6838). 94 Ruling of the Twenty-fifth Court of the Judicial Circuit of the Metropolitan Area of Caracas of July 20, 2007 on the brief submitted by the defense counsel of José Gregorio Vásquez (file of annexes to the motions and arguments brief, tome v, folios 6832 to 6838). 25

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