6.
The representative reported that the habeas corpus action was submitted on
November 16, 2009, before the Fortieth Court of the First Supervisory Instance of the
Metropolitan Caracas Criminal Circuit, which referred the petition to a First Supervisory
Instance Tribunal of Guárico state on November 29, 2009. Later, they indicated that they
recognized the State’s efforts as far as the execution of a visual inspection, but highlighted
that the procedures requested had not been carried out “continuously and systematically.”
Separately, they also reported that on February 25, 2010, a visual inspection of the General
Penitentiary of Venezuela was carried out that included the participation of family members
of the beneficiary. However, the inspection “could not be completed effectively because the
necessary security conditions and tools for carrying out the activity were not available.”
Finally, the representatives indicated with regard to the alleged evasion mentioned by the
State that Mr. Guerrero Larez “was ‘disappeared’ while being held in the General
Penitentiary of Venezuela, for which reason the State had a special duty to protect this
individual.” Thus they were waiting for up-to-date information on the investigations carried
out, specifically with regard to the visual and forensic inspections.
7.
For its part, the Commission expressed that “the situation of the beneficiary remains
undetermined. Additionally, domestic mechanisms were activated only when the father of
Mr. Guerrero Larez filed a complaint,” indicating a lack of oversight in the penitentiary on
the part of the respective authorities who had not noticed that he had disappeared. It also
pointed out that there is no information on whether the procedures ordered by the Third
Prosecutor of the Office of the Public Prosecutor of the Guárico State Circuit were carried
out, how they were carried out, or what kind of results were obtained. The Commission
expressed its concern over the fact that the State “is not deploying the resources at its
disposal to establish the whereabouts of the beneficiary and that the actions taken do not in
any way address the urgency or immediacy that the gravity of this case merits,” given that
the last reported procedure dates to January 2010. Finally, the Commission highlighted that
the opening of a criminal investigation could be an important measure, but that it does not
exhaust all the efforts that the State must deploy in the search for an individual who
disappeared while under State custody. It also noted that the habeas corpus action has not
contributed to speeding up the procedures that were ordered in the context of the
investigation. Additionally, it noted with concern the amount of time that had passed
without any inspection of the interior of the prison being carried out due to reasons of safety
of the personnel in charge of the procedure. For this reason, it considered that the State
should make the necessary efforts to overcome “the obstacles present as of this moment
and move forward with the investigation into the whereabouts of the beneficiary.”
8.
In this regard, it is important to recall that whenever there is a good reason to
suspect that an individual has been subjected to a disappearance, it is crucial that prompt
and immediate action be taken by prosecutorial and judicial authorities to order timely and
necessary measures aimed at determining the whereabouts of the victim or the place where
the victim might be found deprived of liberty.4 Separately, in situations of individuals
deprived of liberty - like this one - habeas corpus represents, within the range of
indispensable judicial guarantees, the ideal measure for determining the status and the
whereabouts of Mr. Guerrero Larez, as well as for overseeing respect for his life and
protecting his personal integrity.
4
Cf. Case of Anzualdo Castro v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of
September 22, 2009. Series C No. 202, para. 134; Matter of Alvarado Reyes et al., supra footnote 2, Considering
20, and Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico. Order of the Inter-American Court
of Human Rights of May 26, 2010, Considering 13.
4