7
35.
As part of the criminal proceedings, the State asserts that various drawings were carried
out to choose the lay juror-judges (escabinos) between March 11 and June 20, 2002, for the purpose of
setting up a mixed court, including one professional judge and two lay juror-judges, without any concrete
results. By default, on August 22, 2002, the Thirtieth Trial Court of First Instance of the Criminal Circuit
Court of Justice (hereinafter referred to as the “Thirtieth Judge”) set up a Single-Judge Trial Court, at the
request of Luis Carrera Almoina and his father, in conformity with the provisions of Article 164 of the
Criminal Organic Process Code. It points out that the institution of lay juror-judges in Venezuelan
procedural law is aimed at ensuring that the facts submitted to the Preliminary Hearing during the oral
and public discussion be reviewed not only by a law professional but also by a citizen who has no legal
training, thus making sure that citizens can be judged by their peers and that they have the right to
participate in the administration of justice. It alleges that, after five calls, the accused could waive the
right to be judged by lay juror-judges. The State explained that, although on December 22, 2003, the
Constitutional Chamber of the Supreme Court of Justice had issued a binding ruling considering as undue
delay the inability to establish a court with lay juror-judges after two calls, this ruling was not applicable at
the time of the events.
36.
The State also considers that the duration of the criminal proceedings was determined by
the abundance of objections and absences by the parties, in which the petitioner played an important
role. It points out that the petitioners contributed to the delays in the criminal proceedings, repeatedly
requesting deferral of the oral hearings between January 29 and June 4, 2003 because of the victim’s
health. It alleges that this led the Thirtieth Judge of the Trial Court of First Instance of the Criminal Circuit
Court of the Metropolitan Area of Caracas to declare in a justified fashion the discharge of the personal
accusation filed by Linda Loaiza López, by virtue of her failure to appear in court on various occasions. In
any case, on January 26, 2004, the Third Interim Tribunal of the Court of Appeals of the Criminal Circuit
Court of Justice restored the status of plaintiff to Linda Loaiza, thus remedying the violations that the
petitioner might have suffered.
37.
The State observes that the petitioners refer to the recusals requests of the judges and
magistrates during the criminal proceedings as if these constituted themselves an irregularity in the
performance of the court’s duties, without explaining that the case file provides clear information on this
matter and that only a few were admitted. It also provides a list of five recusals presented by Linda
Loaiza López during the proceedings, which constituted a tool for fine-tuning the process for her benefit
when she felt that the impartiality of the judges and prosecutors involved had been undermined.
38.
The State contends that, on November 5, 2004, a judgment of acquittal was issued
regarding the injuries and other acts perpetrated against Linda Loaiza López. They consider that the
petitioner has neglected to explain that this court ruling was preceded by an explanation of its grounds.
The State asserts that the court found that the charges of qualified attempted murder and rape had been
configured, based on the physical condition and severity of the injuries shown by Linda Loaiza López at
the time of her rescue. Nevertheless, the court considered that the statements made by the victim were
not upheld by other elements of evidence that could demonstrate that the injuries were inflicted inside the
apartment where she was found, among other considerations.
39.
The State highlights that the plenary of the National Congress, on November 6, 2004,
agreed to establish a working team of congresspersons with respect to the court ruling of November 5,
2004. Afterwards, the Congress unanimously issued a public communiqué rejecting this judgment on
November 26, 2004.
40.
The State highlights that, on March 9, 2006, after the judgment of November 5, 2004 was
appealed, the Seventh Trial Court of the Metropolitan Area of Caracas convicted Luis Carrera Almoina to
six years imprisonment and one month of hard labor for the crimes of grievous bodily injuries and illegal
restraint. It indicates that the judgment – published on May 22, 2006 - acquitted Luis Carrera Almoina of
the crime of rape, among others. On May 8, 2008, the Court of First Instance for Implementation of
Sentencing of the Criminal Circuit Court of the Metropolitan Area of Caracas declared that Mr. Almoina’s
main sentence had been fully served.