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. 1

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