7
attributed it to the Ministry of Foreign Affairs. Large amounts from said adjustment
were used to buy United States dollars and were partially invested in a Venezuelan
police commission for the Republic of Nicaragua in order to provide security and
protection services to the then President of that country, Mrs. Violeta Barrios de
Chamarro and several of her ministers, as well as to train the security personnel
appointed by said authorities.17
22.
The Supreme Court of Justice (hereinafter, the “SCJ”) considered that these
facts constituted aggravated generic misappropriation of public funds and sentenced
those considered responsible for said illegal acts to serve different prison terms.
The SCJ sentenced the alleged victim to a year and two months imprisonment and
other accessory penalties18 after having found him liable as an accomplice to the
crime of aggravated generic misappropriation.19
23.
The Inter-American Commission as well as the representative of Mr. Barreto
Leiva alleged that the criminal proceeding leading to his conviction disregarded many
of the judicial guarantees provided in the Convention, namely: prior notification in
detail of the charged filed (Article 8(2)(b); adequate time and means for the
preparation of his defense (Article 8(2)(c); the right to defend himself or to be
assisted by legal counsel of his own choice (8(2)(d); the right to examine witnesses
present in the trial and to obtain the appearance, as witnesses, of experts or of other
persons who may shed light on the facts (8(2()f), right to be tried by a competent
court (8(1)) and the right to appeal a judgment against him (8(2)(h).
24.
The Court shall now proceed to analyze, in that order, the alleged violations of
the Convention, but it considers relevant to repeat, as in previous cases,20 that it
does not have competence to establish the criminal liability of the individuals. That is
why in the instant case, the Court shall not decide on the guilt or innocence of Mr.
Barreto Leiva or of any of the people who were tried with him, since this is a matter
of the Venezuelan criminal jurisdiction.
25.
Furthermore, the Court considers appropriate to, first, refer to the State's
argument according to which "during the proceeding conducted before the [SCJ],
none of the defendants and later on, convicted people alleged [any] violation of the
Rule of Law". In this regard, the Tribunal considers that this type of arguments
should have been previously put forward, at the appropriate procedural time of the
processing of admissibility before the Inter-American Commission21 and after, if
applicable, as a preliminary objection before the Court. In view of the fact that this is
not what happened, the Tribunal dismisses these allegations.
17
Judgment delivered by the Supreme Court of Justice on May 30, 1996, supra note 16.
18
Said accessory penalties included: being barred from political activity for the duration of the
sentence, payment of trial costs, being barred from holding public office for a period equal to the sentence
to commence after the sentence had been completed, and the payment of restitution, reparation or
compensation for damages caused to public property (Cf. judgment delivered by the Supreme Court of
Justice of May 30, 1996, supra note 15, page1075).
19
Judgment delivered by the Supreme Court of Justice on May 30, 1996, supra note 16, pages
1074 and 1075.
20
Cf. Case of Velásquez Rodríguez V. Honduras. supra note 10, para. 134; Case of Suárez Rosero
V. Ecuador. Merits, Judgment of November 12, 1997, Series Nº. 35, para. 37, Case of Lori Berenson Mejía
V. Perú. Merits, Reparations and Costs. Judgment of November 25, 2004. Series C Nº 119, para. 92.
21
Cf. Case of Velásquez Rodríguez V. Honduras. Preliminary Objections. Judgment of June 26,
1987. Series C No. 1, para. 88; Case of Bayarri V. Argentina. Preliminary Objections, Merits, Reparations
and Costs. Judgment of October 30, 2008. Series C Nº 187, para. 16; Case of Reverón Trujillo V.
Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 30, 2009. Series C
No. 197, para. 21.