68. On January 25, 2007,87 the Ninth Trial Court authorized Tulio Álvarez to leave the country and ordered him to appear before the court on February 19, 2007. 88 It also ordered him to appear before the court every 45 days. 69. The case file includes evidence of a visit authorized and undertaken between July 20 and 25, 2007, to the city of Bogotá, for a series of academic meetings and activities. 89 G. The full release of Tulio Álvarez 70. On March 4, 2009, the Ninth Trial Court decreed that Mr. Álvarez had complied in full with the sentence and with the additional penalties.90 H. Ongoing effects of the sentence H.1 Constitutional Amparo action 71. On October 7, 2009, Tulio Álvarez filed a petition for a constitutional remedy (writ of amparo) against the Electoral Commission of the Professors’ Association of the Central University of Venezuela, alleging that said commission had applied an indefinite political disqualification by not including him in the association’s electoral register, even though all criminal proceedings against him had ceased. 91 72. On November 25, 2009, the Electoral Chamber of the Supreme Court granted the constitutional amparo action, and ordered the Electoral Commission of the Professors’ Association of the Central University of Venezuela to immediately include Tulio Álvarez in the electoral register.92 H.2 Constitutional review 73. On March 16, 2010, the Office of the Comptroller General of the Republic, dissatisfied with the ruling that upheld the constitutional amparo action, requested a constitutional review by the Constitutional Chamber of the Supreme Court. 93 74. On November 3, 2010, the Constitutional Chamber of the Supreme Court granted the request for review and overturned the ruling issued on November 25, 2009, by the Electoral Chamber.94 VIII MERITS 75. This case concerns the use of criminal law to restrict freedom of expression through Cf. Decision of January 25, 2007, issued by the Ninth Trial Court (evidence file, folios 569 to 570). Cf. Authorization of January 25, 2007(evidence file, folio 571). 89 Cf. Answer of January 29, 2008, presented by the accused regarding the appeal filed by the Fourteenth Assistant Prosecutor of the Public Ministry with National Jurisdiction over the Enforcement of Sentences (evidence file, folio 227). 90 Cf. Decision of March 4, 2009, issued by the Ninth Trial Court for the Enforcement of Judgments of the Criminal Judicial Circuit for the Caracas Metropolitan Area (evidence file, folios 126 and 127). 91 Cf. Judgment of November 25, 2009, delivered by the Electoral Chamber of the Supreme Court (evidence file, folio 134). 92 Cf. Judgment of November 25, 2009 (evidence files, folios 1510 to 1519). 93 Cf. Judgment of November 3, 2010 (evidence file, folios 144 to 159). 94 Cf. Judgment of November 3, 2010 (evidence files, folios 156 and 157). 87 88 16