24 111. On December 13, 2005, and January 31, 2006, several justices of the Supreme Court sent a letter to the Inter-American Institute of Human Rights and the Ibero-American Institute of Constitutional Procedural Law stating that: in numerous witness testimonies that are publicly known, Mr. Allan Brewer-Carías is indicated as one of the authors of the decree in question […]. Of course, this matter must be addressed by the natural judge here in Venezuela with all guarantees […]. We are sure that Dr. Brewer-Carías will 73 present himself to clear up his legal situation with responsibility. 112. The recusal of the Twenty-fifth Temporary Judge was denied on January 30, 2006, on 74 the grounds that the judge had not issued a ruling on the guilt or innocence of Allan Brewer Carías. 113. On May 10, 2006, the defense informed the Twenty-fifth Temporary Judge that Allan Brewer Carías had accepted an appointment as adjunct professor at the Columbia University School of 75 Law in the United States, and they requested that the proceedings continue. That filing states that: […] the distinguished University of Columbia has offered [Brewer Carías] the opportunity to fulfill an old professional aspiration ... and that he has decided to wait until the circumstances were more conducive to ensuring an impartial trial with respect for his guarantees … in order for the appropriate decision to be adopted and for the proceedings to continue, all with the aim of causing 76 no delays or harm to the other defendants in the case at hand. 114. On June 2, 2006, the Sixth Provisional Prosecutor asked the judge to order the 77 preventive custody of Allan Brewer Carías on account of the flight risk he posed. On June 6, 2006, the 78 Sixth Provisional Prosecutor submitted Francisco Usón’s statement to the press. On June 15, 2006, the 79 Twenty-fifth Temporary Judge issued preventive custody order No. 010-06 against the defendant. The arrest warrant was forwarded to the Director of the Scientific, Criminal, and Criminological Investigations 80 Corps as well as to the Director of INTERPOL. It has not been enforced because, to date, Allan Brewer Carías remains abroad. 115. On February 22, 2007, the defense team of José Gregorio Vásquez, who was accused in conjunction with Allan Brewer Carías, asked the Twenty-fifth Temporary Judge, in light of the fact that the order for Allan Brewer Carías’s custody could not be enforced because he was abroad, to separate that case from the criminal trial in order for the preliminary hearing to be held. On July 20, 2007, the judge decided not to separate the proceedings on the grounds that the court would rule at the preliminary 81 hearing. In that decision, the court ruled: […] in the case at hand, the holding of the preliminary hearing has not been delayed due to the failure of citizen ALLAN R. BREWER CARÍAS to appear; on the contrary, the various deferrals 73 Annex 36. Annexes 15 and 16 to the original petition received on January 24, 2007. 74 Annex 37. Annex 33 to the original petition received on January 24, 2007. 75 Annex 38. Defense brief of May 10, 2006. Annex 50 to the original petition received on January 24, 2007. 76 Defense brief of May 10, 2006. Annex 50 to the original petition received on January 24, 2007. 77 Annex 39. Annex 51 to the original petition received on January 24, 2007. 78 Annex 40. Annex 38 to the original petition received on January 24, 2007. In the request, the prosecutor enclosed a copy of Ultimas Noticias of June 6, 2006, p. 30. Interview of General Usón: “I saw Allan Brewer hard at work in one of the cubicles of the Army General Staff. Minutes later, in my presence, he told a person who was with me: ‘…this decree will take us back to the Constitution of 1961.’” Annex 38 to the original petition received on January 24, 2007. 79 Annex 41. Decision of the Temporary Control Judge of June 15, 2006, ordering the preventive custody of Allan Brewer Carías. Annex 52 to the original petition received on January 24, 2007. 80 81 Annex 42. Annex 23 to the original petition received on January 24, 2007. Annex 43. Decision of the Twenty-fifth Court of July 20, 2007. Annex 55 to the petitioners’ submission received on January 3, 2008.