97
354. Section 121 of the COPP (2001) establishes that "The Ombudsman and any natural
person or human rights defense association may present a complaint against public officials
or employees, or agents of the police force who had violated the human rights in exercise of
their functions or as a result thereof”327.
355. The witness proposed by the State, Mr. Omar Solórzano García, mentioned that
“some reporters approached the Ombudsman with complaints, petitions; even that is in the
files of the Ombudsman”. He also expressed that it was not up to the Ombudsman to
initiate the corresponding criminal actions, since that it is an authority of the Attorney
General’s Office in Venezuela; that the Ombudsman substantiates the complaints, draw up
records and, if it considers that some type of crime was committed, urges the Attorney
General’s Office to initiate the corresponding investigations and, if necessary, makes
recommendations to the bodies involved. He further alleged that the transcripts of the
meetings were available. Likewise, he emphasized that the alleged attacks the reporters
would have subjected to were committed by third parties, not by state agents and that the
Ombudsman, as an institution, has the obligation to ensure the human rights of the citizens
before the State and monitors that the procedures of the Attorney General’s Office are
respected, so that the human rights of the individuals are not violated.
356. In this case, the complaints were submitted to the Ombudsman on February 1, 2002
and expanded on March 13 and April 24, 2002328. The first complaint reintroduced the same
facts that in the complaint of January 31, 2002 submitted before the Attorney General’s
Office (supra para. 316, 326 and 337). In statements of grounds of November 1, 2005 and
February 2, 2006 the Bureau of Judicial Affairs of the Ombudsman recommended to dismiss
the complaint filed and considered that it was not competent to defend the rights of the
plaintiffs. Specially, it concluded that "the plaintiffs should resort to the Fundamental Rights
Protection Department of the Attorney General’s Office in order to request to conduct the
investigations and proceedings it deems pertinent”329. Said statements of grounds were
brought to the attention of the Director of Judicial Services of the Ombudsman, who
communicated the approval to the Director of Judicial Affairs on February 23, 2006330.
357. The Court considers that, even though in certain events, the filing of a complaint
with the Ombudsman may imply effective and useless measures in case of alleged human
rights violations, it is not, in fact, a remedy to which the people must necessarily resort.
Once the proceeding begins, the Ombudsman must, within the sphere of its authority,
activate the corresponding proceedings and decide what it is appropriate if the issue falls
outside its competence. It is clear that the facts reported were also brought to the attention
of the Attorney General’s Office and that it was not up to the Ombudsman to initiate the
corresponding criminal actions. Nevertheless, there is no evidence on record of the reasons
why the Ombudsman failed to decide on the lack of investigations. Moreover, even though
most of the facts reported were committed by unidentified individuals, at that moment, it
was alleged direct actions or possible negligence from the part of the security forces and
state agents; therefore, it is not clear why the Ombudsman did not act accordingly. The
327
Basic Code of Criminal Procedure, supra note 300.
Cf. brief presented on February 1, 2002 before the Ombudsman (records of evidence, volume XVIII,
appendix 9 to the application, page 977-1023); brief presented on March 13, 2002 before the Ombudsman
(records of evidence, volume XVIII, appendix 11 to the application, pages 1033-1039) and brief presented on April
24, 2002 before the Ombudsman (records of evidence, volume XVIII, appendix 10 to the application, pages 10251031)
328
329
Cf. statements of grounds of the Department of Judicial Affairs of the Ombudsman of November 1, 2005
and February 2, 2006 (records of evidence, volume XVIII, pages 5041-5050 and 5052-5060).
330
Cf. statement of ground DGSJ-00183 of the Bureau of Judicial Affairs of the Ombudsman of February 23,
2006 (records of evidence, volume XVIII, page 5061).
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