11. Final written arguments and observations. On March 7 and 8, 2014, the
representatives and the State, respectively, presented their final written arguments, and
on March 7, 2014, the Commission presented its final written observations. In addition,
on April 14, 2014, the representatives of the presumed victims presented their
observations on the documents submitted by the State with its final written arguments.
III
COMPETENCE
12. The Inter-American Court is competent to hear this case, in accordance with Article
62(3) of the Convention, because Venezuela has been a State Party since August 9,
1977, and accepted the contentious jurisdiction of the Court on June 24, 1981. On
September 10, 2012, Venezuela denounced the American Convention, and its
denouncement entered into force on September 10, 2013. According to Article 78(2) of
the Convention, 10 the Court is competent to hear this case, because the facts examined
occurred prior to the entry into force of the denunciation of the Convention.
IV
PRELIMINARY OBJECTIONS OF FAILURE TO EXHAUST DOMESTIC REMEDIES
13. The State presented the objection of failure to exhaust domestic remedies in
relation to the cases of both Igmar Landaeta, and his brother, Eduardo Landaeta. The
Court will examine the preliminary objections in the order that the State filed them.
A.
Arguments of the parties and of the Commission
14. The State filed the preliminary objection indicating that domestic remedies had not
been exhausted in keeping with Article 46(1) of the American Convention and that “the
petitioners failed to exercise and exhaust the remedies established in Venezuela laws in
order to assert their claims and to obtain judicial protection of the rights they considered
were being violated.”
15. Regarding Eduardo Landaeta, the State indicated that the domestic proceedings
remain ongoing at this time, and observed that the last domestic action was the decision
of the Appellate Court of the Criminal Judicial Circuit of the state of Aragua [of October
30, 2012], declaring admissible the remedy of appeal of March 16, 2012, and returning
the case to the situation of holding a new oral public trial. The State asserted that, if the
judgment in the case was unfavorable to the presumed victims, they could file the
appeal for annulment (cassation) and for review of judgment established in the domestic
law of Venezuela.
16. In the case of Igmar Landaeta, the State indicated that the last action observed
was an order of the Appellate Court of the Criminal Judicial Circuit of the state of Aragua,
dated December 22, 2003, ordering that the case be sent to the Central Judicial
Archives. This was because no appeal had been filed against the judgment of the same
Appellate Court of November 10, 2003, declaring the dismissal of the case, which had
therefore become final. The State concluded by pointing out that, in the case of Igmar
Landaeta, the remedies granted by the domestic jurisdiction to ensure respect for his
rights, such as the appeal for annulment and for review of judgment, had not been filed.
10
Article 78(2) of the Convention establishes that “[s]uch a denunciation shall not have the effect of
releasing the State Party concerned from the obligations contained in this Convention with respect to any act
that may constitute a violation of those obligations and that has been taken by that state prior to the effective
date of denunciation.”
6