19
34
public functions, acted in an active and coordinated fashion in the conspiracy and coup d’état.” The list
of citizens to be investigated included Allan Brewer Carías “as his participation in the planning and
35
execution of the coup d’état has been shown.”
2.
Established facts regarding the judicial proceedings
93.
Proceedings to indict Allan Brewer Carías were set in motion on April 12, 2002, by the
Office of the Public Prosecutor with Nationwide Jurisdiction on Matters of Corruption and with Special
Jurisdiction over Banks, Insurance and Capital Markets, in order to determine the degree of responsibility
of the persons involved in the events of April 2002. On May 22, 2002, serving Army Colonel Ángel
Bellorín filed a complaint stating that “it is a publicly accepted fact reported by the media that the authors
of that decree are the citizens ALLAN BREWER CARÍAS, [and three others], known […] as experts on
36
constitutional matters […] as indicated by the newspaper articles referred to below […].
94.
From 2002 to 2005, at least four provisional prosecutors investigated the facts
surrounding the drafting of the “Carmona Decree”, along with other facts related to the events of April 11
to 13, 2002. Initially, the investigation was assigned to Provisonal Prosecutor José Benigno Rojas. On
July 9, 2002, the witness Jorge Olavarría presented that prosecutor with a statement of testimony
37
indicating that Brewer Carías had not written the Carmona Decree. José Benigno Rojas was replaced
38
by Provisional Prosecutor Danilo Anderson.
Later, on August 28, 2002, the office of the Sixth
39
Provisional Prosecutor took over the investigation.
95.
On January 27, 2005, the Sixth Provisional Prosecutor filed an indictment against Allan
Brewer Carías for his supposed:
“participation in the drafting and production of the Deed Establishing the Government of Democratic
Transition and National Unity, which contains a [Democratic and National Unity] (sic), read out by
the citizen DANIEL ROMERO on April 12, 2002, within the premises of Miraflores Palace, after a
group of individuals, civilians, and officers of the National Armed Forces, repudiating the
34
Annex 8. Report of the Special Parliamentary Commission to investigate the events of April 2002. Annex 20 to the
original petition received on January 24, 2007.
35
Report of the Special Parliamentary Commission to investigate the events of April 2002. Annex 20 to the original petition
received on January 24, 2007.
36
Annex 9. Complaint lodged by Ángel Bellorín on May 22, 2002. Annex 6 to the original petition received on January 24,
37
Annex 10. Submission of Jorge Olavarría. Annex 36 to the original petition received on January 24, 2007.
38
“02. SIGNATORIES OF THE DECREE OF PEDRO CARMONA ESTANGA
2007.
Implicated: Approximately 400 people
Prosecutors: 6th National, Luisa Ortega Díaz
• State: Between October 18 and November 10, 2004, the Fourth Prosecutor with Full Jurisdiction, Danilo Anderson,
charged the following citizens with the alleged commission of the crime of civil rebellion […].
• Later, in December 2004, the investigation was assigned to the Sixth National Prosecutor, Luisa Ortega Díaz, following
Anderson’s death.
• Thus, since January of this year, the following citizens have been indicted
Ministry.
Overview
of
investigations
of
the
events
of
April
http://www.urru.org/11A/balancefiscaliainvestigaciones11a.pdf.
[…], Allan Brewer Carías, […].” Public
2002,
April
8,
2005.
In:
39
Annex 11. Resolution No. 539 of the Attorney General of the Republic appointing Luisa Ortega Díaz as Special
Alternate of the Sixth Prosecution Office of the Public Ministry at the national level, with full jurisdiction, August 28, 2002. Annex 8 to
the original petition received on January 24, 2007. See. Ultimas Noticias: Solicitan Sobreseer a firmantes y militares, January 9,
2008. “Caracas. National Prosecutor Sixth, María Alejandra Pérez, requested the closing of proceedings for those investigated for
the signature of the de facto government’s decree of Pedro Carmona Estanga of April 12, 2002, by which the Constitution was
withdrawn […]”.En: http://venezuelareal.zoomblog.com/archivo/2008/01/09/solicitan-sobreseer-a-firmantes-y-mili.html