51 allegedly inflicted on Alfredo José Peña Isaya, since at the moment of the events, he did not go to a health center for a medical check-up, which is unsubstantial considering the time that passed until he lodged a complaint. 179. The Court verifies that this fact was reported before the Attorney General’s Office134 and before the Ombudsman,135 as well as in the request for justification of June 2003136 and before the Prosecutor Offices of Caracas Metropolitan Area.137 The proceedings conducted were interviews with alleged victims in the capacity as witnesses.138 In turn, a transcript of an interview was also furnished to the records of the case and in such interview Mr. Alfredo José Peña Isaya described, in detail, the blows he would received,139 apart from other rendering another statements.140 180. On August 10, 2006 more than four years and six months after the filing of the complaint, the 50º Assistant Prosecutor requested the discontinuance of the case regarding this fact, in relation to the alleged commission of the crime of intentional injuries, by virtue of the extinguishment of the criminal action141. Four days after, the case file was allocated on the 52º Investigating Trial Court of the District of Caracas Metropolitan Area, though there is no proof of a decision on that request. Given that the State did not provide any reason why the Investigating Judge has not rendered a decision regarding such requests, the Court considers that the domestic authorities failed to comply with the duty to resolve with due diligence and promptness (infra para. 344). 181. This Tribunal notes that the evidence furnished is consistent in that, in effect, Mr. Peña Isaya was beaten by private individuals and therefore, Beatriz Adrián and Jorge Paz were prevented from doing their job in that situation. Nevertheless, the testimonies coincide 134 Cf. Complaint lodged with the National Directorate of Common Crimes on January 31, 2002 (records of evidence, volume IV, appendix 7 to the application, pages 931-963). 135 Cf. Complaint lodged with the Ombudsman on February 1, 2002 (records of evidence, volume IV, appendix 9 to the application, pages 977-1023). 136 Cf. Request for justification of June 17, 2003, with the 20º Municipal Court of Caracas Metropolitan Area, containing the declaration of Jorge Manuel Paz (records of evidence, volume IV, page 895). 137 Cf. Complaint lodged with the 2º Prosecutor’s Office of the Attorney General’s Office of the Judicial District of Caracas Metropolitan Area on March 10, 2003 (records of evidence, volume IV, appendix 8 to the application, pages 965-975). 138 Cf. transcript of Interview with Alfredo José Peña Isaya of February 19, 2002 before the 2º and 74º Prosecutor Offices of Caracas Metropolitan Area (records of evidence, volume XXXII, pages 8377-8380); transcript of interview with Beatriz Adrián Garcia of March 6, 2006 before the 50º Plenipotentiary Prosecutor Office (records of evidence, volume XXXII, pages 8393-8394) and charter of complaints filed with the Attorney General's Office prepared by the representatives (records of evidence, volume XIV, appendix 69 to the brief of pleadings, motions and evidence, page 4008) 139 Mr. Peña Isaya pointed out, when being asked about whether he was injured in the incidents, that “yes, since he ha[d ] a swelling in the left shoulder and a strong pain in the left leg where he received the kick; the other blows were slight" and that the did not receive medical care for such injuries. Cf. Transcript of the interview of February 19, 2002 with Alfredo José Peña Isaya before the 2º amd74º Prosecutor Offices of Caracas Metropolitan Area (records of evidence, volume XXXII, pages 8377-8380). 140 Cf. Statement of Beatriz Adrián (records of evidence, volume X, appendix 50 to the brief of pleadings, motion s and evidence, page 3060); transcript of interview of March 6, 2006 with Beatriz Adrián García before the 50º Plenipotentiary Prosecutor Office (records of evidence, volume XXXII, pages 8393- 8394). 141 Cf. Request for discontinuance of the 50º Plenipotentiary Assistant Prosecutor of the Attorney General's Office of August 10, 2006 (records of evidence, volume XXXII, pages 8397-8404).