Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area (published on June 17 that year).121 Consequently, Mr. Díaz Peña had remained in preventive detention for four years and five months,122 which meant that he had been deprived of liberty during the entire criminal proceedings against him. 88. On July 2, 2008, one of the individuals convicted together with Mr. Díaz Peña filed an appeal against the judgment123 and, eventually, on January 20, 2009, obtained the annulment of the judgment and an order that a new trial should be held.124 Mr. Díaz Peña’s defense counsel adopted an entirely different attitude: on July 9, 2008, Raúl José Díaz Peña’s lawyer submitted a brief in which he stated that his client had asked him to waive the remedy of appeal, because he considered that “these proceedings related to a political rather than a legal case,” and requested clarification of the operative part of the judgment owing to a change in the classification of the form of participation,125 all of which was declared inadmissible on July 11, 2008, by the Fourth First Instance Criminal Trial Court of the Criminal Judicial Circuit of the Judicial District of the Caracas Metropolitan Area.126 On July 17, 2008, Mr. Díaz Peña indicated to this court his express waiver of the remedy of appeal that he was entitled to file,127 so that the judgment convicting him became final. 89. On July 25, 2008, the Eighth Caracas Court for Execution of Judgment made the final calculation of the sentence, and four years and eleven months remained to be served.128 E) Alternative measure of serving the sentence under an open regime, and subsequent flight 90. On May 13, 2010, the Seventh First Instance Court for Execution of Judgments of the Criminal Judicial Circuit of the Caracas Metropolitan Area granted Mr. Díaz Peña the alternative measure of serving his sentence under an open regime, based on articles 500 of the Venezuelan Code of Criminal Procedure and 65 of the Prison Reform Law.129 This decision was appealed on May 121 On April 29, 2008, the judgment was delivered, and on June 17, 2008, the Fourth First Instance Court of Caracas published the judgment sentencing Raúl José Díaz Peña to nine years and four months’ imprisonment, finding him author of the crimes of conspiracy, aggravated arson of a building as a facilitator, and concealment of explosive substances. However, he was acquitted of the crime of illegal possession of a firearm. The dismissal of the accusation of the crime of minor personal injuries was decreed in favor of Raúl José Díaz Peña as well as the dismissal for the alleged perpetration of the offense of damage to property owing to the judicial prescription of the criminal action. Cf. Judgment delivered by the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area on June 17, 2008 (evidence file, tome VII, folios 3339 to 3961, tome VIII, folios 3962 to 4621, and tome IX folios 4622 to 4709). 122 Cf. Judgment delivered by the Fourth Court of Caracas on June 17, 2008, in case 45/397/2006 (evidence file, tome XIX, folios 12464 to 13066) and Decision concerning the execution of judgment issued by the Eighth Execution of Judgment Court on July 25, 2008 (evidence file, tome XXII, folios 13960 to 13974). 123 Cf. Appeal filed by the lawyers of Felipe Orlando Rodríguez Ramírez on July 2, 2008 (evidence file, tome IX, folios 4730 to 4788). 124 Cf. Ruling of the First Chamber of the Court of Appeal of the Criminal Judicial Circuit of the Judicial District of the Caracas Metropolitan Area on January 20, 2009 (evidence file, tome IX, folios 4974 to 5049). 125 Cf. Waiver of appeal, filed by Raúl José Díaz Peña’s lawyer on July 9, 2008 (evidence file, tome IX, folio 4795). 126 Cf. Ruling of the Fourth First Instance Criminal Trial Court of the Criminal Judicial Circuit of the Judicial District of the Caracas Metropolitan Area (evidence file, tome IX, folios 4796 to 4802). 127 Cf. Statement made by Raúl José Díaz Peña before the Fourth First Instance Trial Court of the Caracas Metropolitan Area on July 17, 2008 (evidence file, tome IX, folio 4818). 128 Cf. Order to execute the judgment issued by the Eighth Execution of Judgment Court on July 25, 2008 (evidence file, tome XXI, folios 13960 to 13974). 129 Cf. Order to grant the alternative measure of serving the sentence under an open regime in favor of Mr. Díaz Peña, issued by the Seven First Instance Court for Execution of Judgment of the Criminal Judicial Circuit of the Caracas Metropolitan Area on May 13, 2010 (evidence file, tome XXI, folios 14456 to 14460). 29