suspension of his sentence.36 In spite of his immediate compliance with these measures and his repeated requests, there is no evidence of the court having ordered the conditional suspension of the sentence imposed; nor is there any information to indicate that the alleged victim was in fact incarcerated. 45. On September 28, 2006, in view of the petitioner’s request, the IACHR asked the Venezuelan State to take, without delay, the necessary measures to set aside the enforcement of the July 3, 2006 decision of the Ninth Trial Court for the Enforcement of Judgments until a final decision could be rendered in the case by the bodies of the Inter-American System of Human Rights.37 Informed of this request in pleadings filed by the petitioner on October 13, 2006 and February 15, 2007, the Ninth Trial Court for the Enforcement of Judgments ruled on March 26, 2007 rejected the request for the conditional suspension and indicated that it would only comply with the request of the Inter-American Commission if required to do so by order of the Superior and/or Supreme Court.38 46. Finally, on December 20, 2007, pursuant to Article 494 of the Organic Code of Criminal Procedure in force,39 the Ninth Trial Court for the Enforcement of Judgments ordered the conditional suspension of the execution of the sentence for twelve months, during which the alleged victim was on probation subject to the following conditions: a) not to change his residence without the authorization of the Court; b) report in person to his probation officer whenever instructed; c) report in person to the Court every three months; d) comply with any other condition imposed by the probation officer; and e) refrain from visiting persons involved in the act of which he was accused. The judge also ordered the suspension of the measure barring him from leaving the country; however, he specified that “If the defendant needs or intends to leave Venezuelan territory, he must inform the Court and duly provide the necessary documentation to support his departure, in order to verify where he will stay, the duly specified reasons for his departure, and the duration of his stay abroad.”40 According to the information provided by the alleged victim, his assigned probation officer subjected him to additional reporting each week, accompanied by his relatives, and prohibited him from making public statements, on pain of revocation of the benefit of liberty.41 36 Annex 7. Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit of the Caracas Metropolitan Area. Official Letters No. 1319-06 and 1321-06. July 17, 2006. 37 Annex 13. Communication of the IACHR to the Venezuelan State, September 25, 2006. Communication forwarded to the petitioner on September 28, 2006. 38 Annex 8. Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit for the Caracas Metropolitan Area. Judgment conditionally suspending the sentence in Case No. 142906. December 20, 2007. Communication from the petitioner received on February 22, 2008. 39 Article 494. Conditional suspension of execution of sentence. In order for the enforcement court to order the conditional suspension of execution of a sentence, it must request a psycho-social report on the defendant from the Ministry of the Interior and Justice, and will require: 1. That the defendant not commit any other crimes, as certified by the Ministry of the Interior and Justice; 2. That the sentence imposed not exceed five years; 3. That the defendant agrees to comply with the conditions imposed upon him or her by the court or the probation officer; 4. That the defendant present an offer of employment; and 5. That the defendant has not been charged with the commission of a new crime, or had any previously granted alternative sentence revoked. If the defendant has been convicted through a plea bargain, and the sentence imposed exceeds three years, he or she may not be granted the conditional suspension of execution of sentence. Cfr. Organic Code of Criminal Procedure and the amendments thereto. National Assembly the Bolivarian Republic of Venezuela. Book Three. Special Proceedings. Book Five. Enforcement of Sentence. Chapter III. Conditional Suspension of Execution of Sentence, Alternative Sentencing Formulas, and Judicial Reduction of Sentence for Work or Education. Art. 494. October 2, 2001. 40 Annex 8. Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit for the Caracas Metropolitan Area. Judgment conditionally suspending the sentence in Case No. 142906. December 20, 2007. Communication from the petitioner received on February 22, 2008. 41 Communication of the petitioner dated february 19, 2007 and annexes.