47. On January 18, 2008, the Fourteenth Assistant Prosecutor of the Public Ministry with National Jurisdiction over the Enforcement of Sentences appealed the decision to conditionally suspend the sentence. , In a May 27, 2008 decision, the Ninth Division of the Court of Appeals of the Criminal Judicial Circuit of the Caracas Metropolitan Area ruled the appeal inadmissible, finding that the Public Ministry lacked standing.42 48. On March 4, 2009 the Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit for the Caracas Metropolitan Area ordered the full release of the petitioner. This decision was based on his compliance with the term of probation and all of the obligations imposed.43 49. On October 7, 2009, the alleged victim filed a petition for a constitutional remedy [writ of amparo] alleging that, in spite of having completed his sentence, the Electoral Commission of the of the Professors’ Association of the Central University of Venezuela had politically disqualified him for an indefinite period of time, in violation of his constitutional rights44. On November 25, 2009, the Electoral Chamber of the Supreme Court granted the amparo action,45 finding that the association had failed to include the petitioner in its electoral registry, even though there was a judgment granting him full release for having completed his sentence. It also found that, in any case, the political disqualification established in Article 65 of the Constitution46 is not applicable to the elections of that professional association. In that regard, it stated that, “The situations presented amount to a violation of the plaintiff’s constitutional rights to political participation and voting, as he is being deprived of his right to participate in the electoral processes of the professors’ association to which he belongs, even though there is no legal impediment to his doing so.” 50. On March 16, 2010, the Office of the Comptroller General of the Republic requested the constitutional review of the judgment. On November 3, 2010, the Constitutional Chamber of the Supreme Court granted the request for review and overturned the decision of the Electoral Chamber, remanding the case to the Electoral Chamber for a new decision.47 The Constitutional Chamber found that the Electoral Chamber’s judgment failed to take account of binding criteria and interpretations of the relevant constitutional standards and principles. In particular, it held that, “Article 65 of the Constitution of the Bolivarian Republic of Venezuela does not preclude the possibility that such disqualification may be established by an administrative body stricto sensu or by a functionally autonomous body, or the authority of the legislature to establish, within the limits of the Constitution, the scope of the political disqualification as a sanction or penalty, which Articles 64 and 65 of the Constitution do not limit to positions of public office.”48 Criminal defamation and its application to speech on matters of public interest and about public servants in Venezuela 51. As the IACHR and its Office of the Special Rapporteur for Freedom of Expression have stated in their reports on Venezuela, the criminal prosecution of alleged criminal defamation offenses against public 42 Annex 9. Court of Appeals of the Criminal Judicial Circuit of the Caracas Metropolitan Area. Judgment in Case No. 2261-08. May 27, 2008. Communication from the State dated October 2, 2008. 43 Annex 10. Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit for the Caracas Metropolitan Area. Judgment in Case No. 9E-1429-06. March 4, 2009. Communication from the petitioner received on July 7, 2009. 44 Annex 11. Electoral Chamber of the Supreme Court of Justice. Judgment No. 151. November 25, 2009. Communication from petitioner received on April 20, 2010. 45 Annex 11. Electoral Chamber of the Supreme Court of Justice. Judgment No. 151. November 25, 2009. Communication from petitioner received on April 20, 2010. 46 Article 65. Persons who have been convicted of crimes committed while holding office or other offenses against public property, shall be ineligible to run for any office filled by popular vote, for such period as may be prescribed by law after serving their sentences, depending on the seriousness of the offense. Constitution the Bolivarian Republic of Venezuela. National Constituent Convention. With Amendment No. 1. Art. 65. February 15, 2009. 47 Annex 12. Constitutional Chamber of the Supreme Court. Judgment No. 1.063. November 3, 2010. Communication from the petitioner dated June 19, 2012. 48 Annex 12. Constitutional Chamber of the Supreme Court. Judgment No. 1.063. November 3, 2010. Communication from the petitioner dated June 19, 2012.