23 106. On July 6, 2005, the Court of Appeal overturned the decision of the Twenty-fifth 61 Temporary Judge and ordered another control judge to rule on the defense brief. On August 10, 2005, the defense filed a brief with the Twenty-fifth Temporary Judge insisting on the admission of the testimony 62 offered and on compliance with the Court of Appeal’s ruling. 63 107. On September 28, 2005, Allan Brewer Carías left Venezuela. That same day, the 64 defense asked that Lucas Rincón be summoned to give testimony with a list of questions. On September 30, 2005, the defense submitted a brief for anticipated production of evidence in the form of a 65 statement by Pedro Carmona Estanga before the Twenty-fifth Judge. On October 5, 2005, Lucas Rincón was interviewed by the prosecution service in connection with the questions put forward by the 66 defense. On October 18, 2005, the defense filed a new request for a statement to be taken from Pedro 67 68 Carmona Estanga. On October 20, 2005, that request was ruled inadmissible on the grounds that Pedro Carmona Estanga was also being indicted in the case, so his statement would have not probative value. The Twenty-fifth Temporary Judge was challenged by the defense for having issued an opinion once again on the same issue. 108. On October 21, 2005, the Sixth Provisional Prosecutor formalized the indictment against Allan Brewer Carías, the preventive custody of the accused was requested, and the proceeding went on 69 to the intermediate stage. 109. On October 26, 2005, Allan Brewer Carías’s defense team asked the Twenty-fifth Temporary Judge to guarantee his right to be tried in liberty and to issue an advance ruling on the inadmissibility of his arrest during the trial, considering that he was not dangerous, was a working man 70 and active in academic circles, with residence and roots in the country. The judge does not appear to have ruled on that filing. 71 110. The defense filed an appeal against the indictment on October 28, 2005. On November 8, 2005, in its reply to Allan Brewer Carías’s indictment, the defense requested the annulment of the 72 entire proceedings on account of violations of the right to a fair trial. 61 Annex 26. Decision of the Ninth Chamber of the Court of Appeal, July 6, 2005. Annex 45 to the original petition received on January 24, 2007. 62 Annex 27. Brief presented by the defense to the Twenty-fifth Control Judge on August 10, 2005. Annex 46 to the original petition received on January 24, 2007. 63 Petitioners’ submission of November 30, 2009, p. 94. 64 Annex 28. Annex 27 to the original petition received on January 24, 2007. 65 Annex 29. Annex 29 to the original petition received on January 24, 2007. 66 Annex 30. Annex 28 to the original petition received on January 24, 2007. 67 Annex 31. Defense request for anticipated production of evidence, October 18, 2005. Annex 32 to the original petition received on January 24, 2007. 68 Annex 32. Decision of the Twenty-fifth Control Judge, October 20, 2005. Annex 30 to the original petition received on January 24, 2007. 69 Annex 33. Formal indictment. Annex 48 to the original petition received on January 24, 2007. In that indictment, the prosecutor also brought charges against Cecilia Sosa Gómez and José Gregorio Vásquez López. 70 Annex 34. Defense appeal against the prosecutor’s request to the Twenty-fifth Control Judge, received on October 26, 2005. Annex 49 to the original petition received on January 24, 2007. 71 Defense appeal against the formal indictment before the Twenty-fifth Control Judge, received on October 28, 2005. Annex 47 to the original petition received on January 24, 2007. 72 Annex 35. Reply of the defense to the indictment of Allan Brewer Carías of November 8, 2006. Annex 2 to the original petition received on January 24, 2007.