REPORT Nº 23/07 1
PETITION 435-06
ADMISSIBILITY
EDUARDO JOSÉ LANDAETA MEJÍAS AND OTHERS
VENEZUELA
March 9, 2007
I.

SUMMARY

1.On April 24, 2006, the Inter-American Commission on Human Rights (hereinafter “The InterAmerican Commission”, “the Commission”, or “the IACHR”) received a petition lodged by
Ignacio Landaeta Muñoz, the Justice, Peace and Human Rights Commission of the State of
Aragua, and the Center for Justice and International Law (CEJIL) (hereinafter also “the
petitioners”), alleging the violation by the Bolivarian Republic of Venezuela (hereinafter also
“Venezuela”, “the State”, or “the Venezuelan State”) of rights protected by Articles 4(1) (Life);
5(1) and 5(2) (Humane Treatment); 7 (Personal Liberty); 19 (The Child); 8(1) (Fair Trial); and
25(1) (Judicial Protection), in relation to Article 1(1) of the American Convention on Human
Rights (hereinafter also “the American Convention”, or “the Convention”); all to the detriment
of Eduardo José Landaeta Mejías, and to the right to physical integrity, judicial guarantees and
protection, of Ignacio Landaeta Muñoz and María Mejías (hereinafter also “the alleged
victims”).
2.The petitioners allege that the juvenile Eduardo José Landaeta Mejías was unlawfully and
arbitrarily detained by police officers and later extrajudicially executed while in their custody.
They also claim that more than nine years have elapsed and the State has not investigated the
events in a diligent fashion; nor has it punished those responsible, all of which has created a
situation of impunity. With regard to complying with the admissibility requirements of the
petition, they indicate that the exception laid down in Article 46(2)(c) of the American
Convention is applicable because there has been an unwarranted delay in the criminal
proceedings.
3.The State has not responded to the petition although this was transmitted to it on July 24,
2006 and a period of two months given for the presentation of its observations.
4.Having examined the position of the parties in the light of the admissibility requirements set
out in Articles 46 and 47 of the American Convention, the case is declared admissible because
of the alleged violation of rights protected in Articles 4, 5, 7, 19, 8, and 25, in relation to
Article 1(1) of the same instrument. Consequently, the Commission decided to notify the
parties, to publish the present Admissibility Report, and to include it in its Annual Report.
II.

PROCESSING BY THE COMMISSION

5.The Commission received the initial petition on April 26, 2006 and transmitted the relevant
parts to the State on July 24, 2006, requesting the State to respond with its observations
within a period of two months. On the same date, the Commission informed the State that said
petition had been combined with petition No. 908/2004.
6.On January 30th, 2007, the Commission told the parties that in view of the special
circumstances of the case, it had decided not to combine it with petition No. 908/2004 in order
to examine separately how it met the requirements for admissibility.
7.To date, the Commission has received no observations from the State.
III.

POSITIONS OF THE PARTIES

A.

Petitioners

1 Commission Member Freddy Gutierrez, who is Venezuelan, did not participate in the deliberations or voting on the
instant case, in accordance with the provisions of Article 17(2) of the Rules of Procedure of the Commission.
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