36 freedom of expression offers a fundamental guarantee for ensuring the rule of law and democratic institutions. 164. In the case at hand, no elements of fact or law have been submitted to indicate or to allow it to be reasonably concluded that the investigation and criminal trial of Allan Brewer Carías sought to silence his right of expression. Consequently, the Commission finds that it has been unable to establish the alleged violation of Allan Brewer Carías’s right to freedom of thought and expression. 165. Finally, with regard to the alleged violation of the principle of non-refoulement and the alleged violation of the principle of presumption of innocence, the Commission finds that no elements requiring a merits analysis were presented. V. CONCLUSIONS 166. In light of the foregoing analysis, the Venezuelan State is responsible for violating the rights set out in Articles 8 and 25 of the American Convention, in conjunction with Articles 1(1) and 2 thereof, with respect to Allan R. Brewer Carías. In addition, the Commission concludes that the Venezuelan State is not responsible for violating the right enshrined in Article 13 of the American Convention. VI. RECOMMENDATIONS 167. Based on the foregoing considerations of fact and law, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS: 1. That the State adopt measures to ensure the independence of the judiciary, with reforms to strengthen the procedures whereby judges and prosecutors are appointed and removed, to affirm their tenure in those positions, and to eliminate the temporary status of the vast majority of judges and prosecutors, in order to uphold the rights to judicial protection and to a fair trial established in the American Convention. 2. Should the criminal proceedings against Allan Brewer Carías continue, that the State establish the conditions necessary to ensure that the trial is conducted in accordance with the guarantees and standards enshrined in Articles 8 and 25 of the American Convention. 3. That the State make appropriate reparations for the human rights violations established in this report, in both their material and moral dimensions. Done and signed in the city of Washington, D.C., on the 3rd day of November 2011. (Signed): Dinah Shelton, President; José de Jesús Orozco Henríquez, First Vice-President; Rodrigo Escobar Gil, Second Vice-President;Paulo Sérgio Pinheiro, Felipe González, and María Silvia Guillén, Commissioners.