REPORT No. 58/12
CASE 12.606
MERITS
BROTHERS LANDAETA MEJÍAS
VENEZUELA
March 21, 2012

I.

SUMMARY

1.
On September 20, 2004, and April 24, 2006, the Inter-American Commission on Human
Rights (hereinafter also “the Inter-American Commission," “the Commission," or “the IACHR") received
two petitions lodged by Ignacio Landaeta Muñoz and the Human Rights Committee for Justice and Peace
of Aragua State, in the case of the former, and both those petitioners together with the Center for Justice
and International Law (CEJIL), in the case of the latter, (hereinafter "the petitioners"), which alleged
violation on the part of the Bolivarian Republic of Venezuela (hereinafter also “the Venezuelan State," “the
State," or "Venezuela") of several provisions contained in the American Convention on Human Rights.
According to the petitions, the brothers Igmar Alexander and Eduardo José Landaeta Mejías were extra
judicially executed on November 17 and December 31, 1996, when they were 18 and 17 years old,
respectively, by members of Aragua State Public Order and Security Corps. The petitioners also alleged
the impunity in which those facts have remained.
2.
The Commission admitted the petitions on March 9, 2007 and March 22, 2009,
respectively, and directed their joinder as of the latter date. In the course of the proceedings before the
Commission, the State of Venezuela has provided information on the steps taken at the domestic level to
investigate the facts in accordance with the Constitution and code of criminal procedure. According to the
State, its judicial and investigative authorities have acted in adherence to the American Convention by
taking all the pertinent steps to elucidate the alleged facts. In the stage on merits, the State also reiterated
a number of its arguments on admissibility.
3.
Having examined the positions of the parties, the Inter-American Commission concluded
that the Venezuelan State is responsible for violation of the rights to life and humane treatment enshrined
in Articles 4 and 5 of the American Convention taken in conjunction with Article 1(1) of that instrument, to
the detriment of Igmar Alexander Landaeta Mejías. The Inter-American Commission also concluded that
the Venezuelan State is responsible for violation of the rights to life, humane treatment, personal liberty,
and special protection due to children enshrined in Articles 4, 5, 7, and 19 of the American Convention
taken in conjunction with Article 1(1) of that instrument, to the detriment of Eduardo José Landaeta
Mejías. Finally, the Inter-American Commission concluded that the Venezuelan State is responsible for
violation of the rights to humane treatment, a fair trial, and judicial protection recognized at Articles 5, 8,
and 25 of the American Convention taken in conjunction with Article 1(1) of that instrument, to the
detriment of the family members identified in the relevant section of this report. Based on these
conclusions, the Commission made the appropriate recommendations.

II.

PROCESSING BY THE COMMISSION

4.
On September 20, 2004, the Inter-American Commission received the initial petition on
Igmar Alexander Landaeta Mejías, which was registered with the number P-908-04. On April 24, 2006, it
received the initial petition on his brother, Eduardo José Landaeta Mejías, which was registered with the
1
number P-425-06. These petitions were processed in accordance with the regulatory provisions. On
1
A detailed account of the processing, from the lodging of the petitions until the decisions on the admissibility, is provided
in the reports on admissibility issued on March 9, 2007, and March 22, 2009, respectively. See IACHR, Report No. 23/07
(admissibility), Petition 425-06, Eduardo José Landaeta Mejías, Venezuela, March 9, 2007, pars. 5 -7. Available at:
http://cidh.org/annualrep/2007eng/Venezuela435.06eng.htm; and IACHR, Report No. 22/09 (admissibility), Petition 908-04, Igmar
Alexander
Landaeta
Mejías,
Venezuela,
March
20,
2009,
pars.
5
-15.
Available
at:
http://www.cidh.oas.org/annualrep/2009sp/Venezuela908-04.sp.htm.

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