petroleum; in 2004 he was the general coordinator of a multidisciplinary team of university professors investigating irregularities in
the recall referendum conducted that year; and on May 24, 2004 he
filed an appeal for annulment on Constitutional grounds of the Organic
Law of the Supreme Court, as well as an amparo complaint challenging
the appointment of justices. According to the petitioner, such activities
led to his persecution and harassment by government officials, including
the deliberate delay of cases in which he was a litigant, which led him to
cease practicing law.
25.
In the communication of February q9, 2008 received on the
22 of the same month and year, the petitioner presented information
with regard to the presumed violations of due process in the execution
of this judgment. Particularly, he mentioned the lack of notification of
the decisions related to his rights and the lack of compliance of the
authorities with respect to the lifting of the effects of the sentence.
26.
Finally, he reported that since he had lost his civil rights, he
was prevented from voting in the presidential elections of December 3,
2006 or from participating in the elections for the Board of Directors,
Disciplinary Tribunal, or Section Councils of the Professors Association of
the Central University of Venezuela held on June 27, 2007.
B.
The State
27.
On August 2, 2007 the State informed that the respective
authorities were collecting information in order to respond the petition.
28.
On February 8, 2008 the State presented information
related to the facts of the penal process interposed by ex-deputy William
Lara against the presumed victim on counts of criminal defamation. The
State indicated that Criminal Defamation is established in the article 444
of the Venezuelan Penal Code and that the right to the honor and
reputation is guaranteed in article 60 of the Constitution of the Republic.
The State pointed out that right to honor and reputation, in accordance
with the Venezuelan legislation, is an absolute right, which does not
have limits and priority on any right that is not considered of equal
status.
29.
The State alleges that Mr. Álvarez denounced that he had
been imputed on specific facts determined in the exercise of his right to
freedom of opinion, also of constitutional rank. Nevertheless, argued
the State, the right to express freely thoughts, ideas or opinions contain
in article 57 of the Constitution is not absolute since such norm