20 constitutionally and legitimately established government, in breach of the Constitution of the 40 Bolivarian Republic of Venezuela and its laws, proceeded to constitute a de facto government.” 96. Such actions are identified in the Venezuelan Criminal Code, in order to guarantee the upholding of the Constitution, as the crime of conspiring to violently change the Constitution, provided for 41 and punishable under Article 144.2 of the Criminal Code. 97. On May 4, 2005, the defense lodged a brief stating that an interview used as evidence in 42 bringing criminal charges was not in line with reality. It thus noted that the program 30 Minutos had interviewed Teodoro Petkoff, who stated that: We are facing a sui generis coup d’état; Pedro Carmona has full powers to appoint mayors and governors; he took oath before himself; he dismissed the justices of the Supreme Court of Justice, the People’s Defender, the Comptroller… he has dictatorial powers. We are facing a de facto government, because it does not meet democratic paradigms. Brewer must explain that decree to 43 the OAS. 98. The defense states that this is a falsehood of which Teodoro Petkoff himself was aware and who, in response to a question from the prosecution, said: SEVEN: Please explain why you said in the interview that Brewer had to explain that decree to the OAS. REPLY: I did not say that Brewer had to explain the decree to the OAS; what I said was, after hearing the program again, ‘I don’t know how we are going to explain this situation to the OAS.’ I was obviously referring to the coup d’état and not to Brewer. EIGHT: Do you know who 44 produced the decree …? REPLY: No. I wasn’t there. 99. In the aforesaid filing, the provisional prosecutor was asked to make a specialized technical transcription of the content of all the videos with interviews by journalists used as evidentiary 45 elements in the indictment. That request was denied on April 21, 2005. 100. On March 31, 2005, the defense requested that Nelson Socorro and Leopoldo Baptista be summoned to give statements, for them to report on Allan Brewer Carías’s activities in the days leading up to April 10, 2002. That request was denied on April 21, 2005, by the Sixth Provisional Prosecutor, who ruled that Allan Brewer Carías’s activities prior to April 10, 2002, were not a part of the 46 indictment and were therefore not necessary. 101. The proceedings that included the case against Allan Brewer Carías were initially assigned to the Twenty-fifth Temporary Judge, Josefina Gómez Sosa. At the request of the Sixth Provisional Prosecutor, on December 17, 2004, the Twenty-fifth Temporary Judge issued an order 40 Annex 1. Formal Indictment. Annex 5 to the original petition received on January 24, 2007. 41 Criminal Code of Venezuela, Article 144: “The following shall be punished by imprisonment of 12 to 24 years. Those who, without the purpose of changing the republican political form that the Nation has given itself, conspire or rise up to violently change the National Constitution.” (Current Article 143.2). Annex 13. Submission from the Ministry of Popular Power for Foreign Affairs No. AGEV/000394 of August 25, 2009, pp. 22 and 24. Annex 1. Formal Indictment. Annex 5 to the original petition received on January 24, 2007. 42 Annex 14. Brief of Brewer Carias’s defense of May 4, 2005, directed to the Twenty-fifth Control Judge, which indicates that after having seen the videos and press articles in the record of the case, they were able to establish the untruthfulness or falsity of the texts, given that in certain parts of the videos used for the indictment what one sees doesn’t correspond to what one hears in the video used, and at the same time to request once again access to all of the videos contained in the record of the case. Annex 43 to the original petition received on January 24, 2007, para 118. 43 Annex 14. Defense brief, presented on May 4, 2005. Annex 43 to the original petition received on January 24, 2007. 44 Annex 14. Defense brief, presented on May 4, 2005. Annex 43 to the original petition received on January 24, 2007. 45 Annex 15. Prosecutor’s response of April 21, 2005. Annex 42 to the original petition received on January 24, 2007. 46 Annex 16. Decision of the Sixth Temporary National Full-jurisdiction Prosecutor of April 21, 2005. Annex 34 to the original petition received on January 24, 2007.