a. Conclusions. The Commission concluded that the State was “responsible for
the violation of the rights of Allan R. Brewer Carías established in Articles 8
and 25 of the American Convention, in relation to its Articles 1(1) and 2.
However, the Commission concluded that the State was “not responsible for
the violation of the right established in Article 13 of the American
Convention.”
b. Recommendations. Consequently,
recommendations to the State:
the
Commission
made
a
series
of
1.
That [it] 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 [it] 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 [it] make appropriate reparation for the human rights violations
established in the report, in both their material and moral dimensions.
d) Notification of the State. The Merits Report was notified to the State on December 7,
2011, granting it two months to provide information on compliance with the
recommendations. On February 7, 2012, the State presented a communication that
provided no information on compliance with the Commission’s recommendations, and
that questioned the conclusions of the Merits Report.
e) Submission to the Court. On March 7, 2012, the Commission submitted the case to
the Court in view of “the need to obtain justice for the victim, the nature and gravity
of the violations found, and the failure of the State to carry out the
recommendations.” In particular, the Commission indicated that it submitted “all the
facts and human rights violations set out in Merits Report 171/11, and ask[ed] the
Court to adjudicate and declare the international responsibility of the State of
Venezuela for the [presumed] violation of the rights established in Articles 8 and 25
of the American Convention, in relation to Articles 1(1) and 2, with regard to Allan R.
Brewer Carías.”
f) The Commission designated Commissioner Felipe González and the Executive
Secretary of the Commission at the time, Santiago A. Canton, as its delegates, and
Elizabeth Abi-Mershed, Deputy Executive Secretary, Tatiana Gos, Lilly Ching and
Karin Mansel, lawyers of the Commission’s Executive Secretariat, as legal advisers.
II
PROCEEDINGS BEFORE THE COURT
3.
Notification of the State and the representative. The submission of the case was
notified to the State and to the representatives on May 4, 2012.
4