1 REPORT No. 171/11 CASE 12.724 MERITS ALLAN R. BREWER CARÍAS VENEZUELA November 3, 2011 I. SUMMARY 1. On January 24, 2007, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the IACHR”) received a petition submitted by Pedro Nikken, Hélio Bicudo, Claudio Grossman, Juan E. Méndez, Douglas Cassel, and Héctor Faúndez Ledesma (hereinafter "the petitioners") alleging that the Bolivarian Republic of Venezuela (hereinafter "the State") is responsible for the political persecution of the constitutional lawyer Allan R. Brewer Carías (hereinafter “the alleged victim”) in the framework of a judicial proceeding against him for the crime of conspiracy to violently change the Constitution, in the context of the events of April 11 to 13, 2002. 2. On September 8, 2009, the Commission found the petition admissible with respect to the alleged violation of rights protected in Articles 2, 8, 13, and 25 of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) taken in conjunction with the obligations set forth in Article 1(1) thereof. 3. In the merits stage, the petitioners argued that the State was responsible for violation of Articles 2, 8, 13, and 25 of the Convention in conjunction with the obligations contained in Article 1(1) thereof, to the detriment of Allan R. Brewer Carías. The State, for its part, held that it is not responsible for the violations alleged, given that Allan Brewer Carías is a fugitive and, therefore, the criminal proceeding in which he would be able to invoke domestic remedies in defense of his rights cannot continue. 4. Having examined the Commission concludes that the State Convention taken in conjunction with detriment of Allan R. Brewer Carías, instrument. II. arguments as to fact and law submitted by the parties, the is responsible for violation of Articles 8 and 25 of the American the obligations contained in Articles 1(1) and 2 thereof, to the and that it is not responsible for violation of Article 13 of that PROCESSING BY THE COMMISSION AFTER ADMISSIBILITY REPORT No. 97/09 5. Having completed the admissibility proceeding on petition 84/07, the Commission 2 adopted Report 97/09, which declared the petition admissible. The IACHR then assigned the petition case number 12.724, in accordance with Article 37(2) of its Rules of Procedure. Both parties were notified of Report 97/09 in a communication dated September 25, 2009. At the same time, the Commission requested the petitioners to present their submissions on the merits of the matter within the two-month deadline provided in Article 38(1) of its Rules of Procedure then in force, and offered its good offices for a possible friendly settlement. 6. On October 23, 2009, the petitioners indicated their willingness to accept the Commission's offer with respect to a friendly settlement procedure in a written communication that was forwarded on October 28, 2009, to the State, which was given one month to comment. On November 17 and 30, 2009, the State and the petitioners, respectively, presented their arguments on merits. The State 1 Pursuant to Article 17(2) of the Rules of Procedure of the IACHR, Commissioner Luz Patricia Mejía Guerrero, a Venezuelan national, did not participate in the discussion or decision in the present case. 2 IACHR, Report No.97/09, Petition 84-07, Admissibility, Allan R. Brewer Carías, Venezuela, September 8, 2009.