17, 2004, this Judge, at the request of the Sixth Provisional Prosecutor, issued an order prohibiting 27 individuals who had been indicted from leaving the country; however, this did not include Mr. Brewer Carías. 42 The order was appealed before the Tenth Chamber of the Court of Appeal and, on January 31, 2005, the Chamber revoked it. On February 3, 2005, the judges of the Court of Appeal who had voted to annul the appealed order were suspended from their functions by the Judicial Commission of the Supreme Court of Justice. 43 Temporary Judge Gómez Sosa was also suspended from her functions because she had not provided sufficient grounds for the order prohibiting the departure from the country, and she was replaced by Judge Manuel Bognanno. 44 B.2.2.2. Accusation against Mr. Brewer Carías at the investigation stage 51. On January 13, 2005, Mr. Brewer Carías was summoned again by the prosecutor responsible for the case on “January 20, 2005, […] in order to accuse him of the facts that the prosecutor [was] investigating.” 45 52. The accusation (imputación) against Mr. Brewer Carías was made on January 27, 2005, based on his presumed “participation in the drafting and elaboration of the Act constituting the Government of Democratic Transition and National Unity.” 46 This conduct was established and penalized under the offense of “conspiracy to change the Constitution by violent means” established in article 144, paragraph 2, of the Venezuelan Criminal Code, 47 in force at the time. As grounds for the accusation, the prosecutor took into account, inter alia: (i) the “Carmona Decree”; (ii) the complaint filed by Ángel Alberto Bellorín; (iii) the different newspaper articles and television programs that had referred to Mr. Brewer as the author of the Decree; (iv) the July 9, 2002, interview with Jorge Olavarría; (v) the content of the book “Mi testimonio ante la historia” by Pedro Carmona, and (vi) Mr. Brewer’s interview with the prosecutor on June 3, 2002. 53. On February 14, 2005, Mr. Brewer appointed José Rafael Odreman Ledezama and León Henrique Cottin as his defense counsel in the criminal proceedings. 48 54. On May 4, 2005, the defense counsel filed a brief before the Twenty-fifth Judge in which they described the presumed irregularities that, in their opinion, had occurred in the proceedings, such as the refusal to obtain several testimonies and the transcript of some videos. 49 On May 11, 2005, the Twenty-fifth Judge, Manuel Bognanno, ordered the Sixth 42 Decision No. 2005-0015 of the Supreme Court of Justice of Caracas of February 3, 2005 (file of annexes to the motions and arguments brief, tome VI, folio 7097). 43 Decision No. 2005-0015 of the Supreme Court of Justice of Caracas, folio 7098. 44 Decision No. 2005-0015 of the Supreme Court of Justice of Caracas, folio 7098. 45 Summons of January 13, 2005 (file of annexes to the answering brief, exhibit 7, folio 11066). 46 Imputation of Mr. Brewer Carías by the Sixth Prosecutor on January 27, 2005 (file of annexes to the Merits Report, tome I, folio 51). 47 Article 144, paragraph 2, of the Criminal Code establishes: “Those who, without the purpose of changing the Republic political structure that the Nation has given itself, conspire or rise up to change the Constitution by violent means shall be punished with twelve to twenty-four years’ imprisonment. Those who commit the acts referred to in the preceding paragraphs with regard to the governors of the states, the legislative assemblies and the constitutions of the states shall incur half the said punishment, and those who commit such acts against the presidents of the municipal councils shall incur one-third of that punishment.” Criminal Code of Venezuela in force at January 27, 2005. Available at: http://gobiernoenlinea.gob.ve/home/archivos/CodigoPenal.pdf 48 Decision of February 14, 2005 (file of annexes to the answering brief, exhibit 7, folio 11286). 49 Brief May 4, 2005, of the defense counsel of Mr. Brewer Carías addressed to the Twenty-fifth Supervisory Judge (file of annexes to the Merits Report, tome II, folios 1035 to 1058). 18