25 Appeals of the Criminal Judicial Circuit of the Judicial District for Vargas State) against the decision rendered by the Tribunal Segundo de Control (Second Control Court) on the habeas corpus petition. On February 4, 2000, the Corte de Apelaciones (Court of Appeals) affirmed said decision. 51.22 On October 6, 2000, the Attorney General’s Office had Mr. Carlos Paz subpoenaed in order to testify as a witness, but did not provide for a lineup of DISIP officers, for purposes of identification by the aforesaid witness. 51.23 On May 17, 2004, the Seventy-fourth Prosecutor for the Attorney General’s Office of the Metropolitan Area of Caracas “ordered to close” the criminal inquiry into the disappearance of Mr. Roberto Javier Hernández-Paz on the grounds that “the elements on the records […] only provide[d] information regarding participation of DISIP officers [...],” but the investigation “did not reveal any information that may contribute [to] the identification of the perpetrator(s)[;] in that regard[,] additional facts or elements are required to be able to identify them[,] as well as to prove their participation in the [...] forced disappearance.” That same day, the aforesaid prosecutor notified the aforementioned decision to Mr. Carlos Paz. d) Regarding Mr. José Francisco Rivas-Fernández i) Arrest and disappearance 51.24 On December 21, 1999, Mr. José Francisco Rivas-Fernández, of 24 years of age, was at an office of the “Acción Democrática” (Democratic Action) political party, located in Caraballeda, Vargas State, which was being used as a shelter for the families affected by the floods, such as that of Mr. José Francisco Rivas-Fernández. On that date, at approximately 7.30 pm, a curfew was imposed and the members of the Infantry Battalion “Colonel Antonio Nicolás Briceño” stationed in the area fired shots into the air. 51.25 The soldiers of said Infantry Battalion saw Mr. José Francisco RivasFernández, who was sitting outside the referred office, and proceeded to arrest and beat him, while a sergeant instructed them to kill him, as he was allegedly a “criminal.” The parents of Mr. José Francisco Rivas-Fernández tried to help their son and stop the soldiers from beating him, but they threw him to the floor, handcuffed him and took off his shoes. Despite the intervention of Mr. José Francisco RivasFernández’s parents, he was taken by a military detachment to an area called “Quebrada Seca” and was severely beaten on the way. 51.26 On December 22, 1999, Mr. José Francisco Rivas-Fernández’s parents began the search for their son, walking through the mud and among the dead bodies of people and animals. Initially, they addressed a Sergeant, whose last name was Rondón, to ask him about their son’s whereabouts and situation. However, said officer informed them that Mr. José Francisco Rivas-Fernández had been turned over to DISIP officers. The next of kin of Mr. José Francisco Rivas-Fernández continued searching for him, but they were unable to obtain any information about what had happened to him in any of the military and DISIP units they visited. Since that date, the whereabouts of Mr. José Francisco Rivas-Fernández have remained unknown. ii) Domestic proceedings

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