situations of great social conflict, alterations of public order, and social and political
polarization, such as the situation on April 11, 12 and 13, 2002.
114. Furthermore, we consider that the Judgment makes a restrictive interpretation of
Article 7(5) of the American Convention, contrary to Article 29 of this instrument, by
indicating that the presumed victim is a fugitive from justice, when this is not so. The case
file reveals that the first time Mr. Brewer Carías was summoned by the prosecutor of the
Public Prosecution Service who opened the investigation proceeding for the events of April
2002 he came forward to testify on June 3 that year. 114 Moreover, the case file contains
numerous records that the currently presumed victim was defending himself constantly,
even going personally to copy the case file by hand for nearly nine months when he was
formally indicted in 2005. 115
114
Testimony of Mr. Brewer Carías of June 3, 2002, before the Sixth Prosecutor, in the file of annexes to the
answering brief, exhibit 2, folios 8986 to 8998.
115
See testimony provided during the public hearing in this case by León Henrique Cottin, Venezuelan
defense counsel of Mr. Brewer Carías in the domestic criminal proceedings, as well as the following records that
appear in the copy of the judicial proceedings forwarded to the Court: Record of review of case file No. C43 of
January 27, 2005 (file of annexes to the answering brief, annex 1, exhibit 7, folio 11164); record of review of case
file No. C43 of January 28, 2005 (file of annexes to the answering brief, annex 1, exhibit 7, folio 11168); record of
review of case file No. C43 of January 31, 2005 (file of annexes to the answering brief, annex 1, exhibit 7, folio
11182); record of review of case file No. C43 of February 1, 2005 (file of annexes to the answering brief, annex 1,
exhibit 7, folio 11196); record of review of case file No. C43 of February 3, 2005 (file of annexes to the answering
brief, annex 1, exhibit 7, folio 11214); record of review of case file No. C43 of February 9, 2005 (file of annexes to
the answering brief, annex 1, exhibit 7, folio 11268); record of review of case file No. C43 of February 11, 2005
(file of annexes to the answering brief, annex 1, exhibit 7, folio 11273); record of review of case file No. C43 of
February 15, 2005 (file of annexes to the answering brief, annex 1, exhibit 7, folio 11321); record of review of case
file No. C43 of February 16, 2005 (file of annexes to the answering brief, annex 1, exhibit 7, folio 11337); record of
review of case file No. C43 of February 18, 2005 (file of annexes to the answering brief, annex 1, exhibit 7, folio
11383); record of review of case file No. C43 of February 18, 2005 (file of annexes to the answering brief, annex 1,
exhibit 7, folio 11386); record of review of case file No. C43 of February 21, 2005 (file of annexes to the answering
brief, annex 1, exhibit 7, folio 11398); record of review of case file No. C43 of February 22, 2005 (file of annexes
to the answering brief, annex 1, exhibit 7, folio 11399); record of review of case file No. C43 of February 22, 2005
(file of annexes to the answering brief, annex 1, exhibit 8, folio 11412); record of review of case file No. C43 of
February 24, 2005 (file of annexes to the answering brief, annex 1, exhibit 8, folio 11505); record of review of case
file No. C43 of February 25, 2005 (file of annexes to the answering brief, annex 1, exhibit 8, folio 11508); record of
review of case file No. C43 of February 28, 2005 (file of annexes to the answering brief, annex 1, exhibit 8, folio
11546); record of review of case file No. C43 of March 1, 2005 (file of annexes to the answering brief, annex 1,
exhibit 8, folio 11572); record of review of case file No. C43 of March 2, 2005 (file of annexes to the answering
brief, annex 1, exhibit 8, folio 11579); record of review of case file No. C43 of March 3, 2005 (file of annexes to the
answering brief, annex 1, exhibit 8, folio 11601); record of review of case file No. C43 of March 4, 2005 (file of
annexes to the answering brief, annex 1, exhibit 8, folio 11619); record of review of case file No. C43 of March 7,
2005 (file of annexes to the answering brief, annex 1, exhibit 8, folio 11641); record of review of case file No. C43
of March 10, 2005 (file of annexes to the answering brief, annex 1, exhibit 8, folio 11740); record of review of case
file No. C43 of March 15, 2005 (file of annexes to the answering brief, annex 1, exhibit 8, folio 11792 and 11793);
record of review of case file No. C43 of March 15, 2005 (file of annexes to the answering brief, annex 1, exhibit 8,
folio 11784); record of review of case file No. C43 of March 16, 2005 (file of annexes to the answering brief, annex
1, exhibit 8, folio 11836); record of review of case file No. C43 of March 19, 2005 (file of annexes to the answering
brief, annex 1, exhibit 9, folio 11950); record of review of case file No. C43 of March 21, 2005 (file of annexes to
the answering brief, annex 1, exhibit 9, folio 11970); record of review of case file No. C43 of March 22, 2005 (file
of annexes to the answering brief, annex 1, exhibit 9, folio 11972 and 11973); record of review of case file No. C43
o March 28, 2005 (file of annexes to the answering brief, annex 1, exhibit 9, folio 12004 and 12005); record of
review of case file No. C43 of March 31, 2005 (file of annexes to the answering brief, annex 1, exhibit 9, folio
12081); record of review of case file No. C43 of April 7, 2005 (file of annexes to the answering brief, annex 1,
exhibit 9, folios 12162 and 12163); record of review of case file No. C43 of April 8, 2005 (file of annexes to the
answering brief, annex 1, exhibit 9, folio 12165); record of review of case file No. C43 of April 12, 2005 (file of
annexes to the answering brief, annex 1, exhibit 9, folio 12191); record of review of case file No. C43 of April 18,
2005 (file of annexes to the answering brief, annex 1, exhibit 9, folio 12310); record of review of case file No. C43
o April 25, 2005 (file of annexes to the answering brief, annex 1, exhibit 9, folio 12354); record of review of case
file No. C43 of April 26, 2005 (file of annexes to the answering brief, annex 1, exhibit 9, folio 12355); Record of
review of case file No. C43 of May 2, 2005 (file of annexes to the answering brief, annex 1, exhibit 10, folio
12401); record of review of case file No. C43 of May 10, 2005 (file of annexes to the answering brief, annex 1,
30
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