In the event that a punishable act has been committed, the police authorities may adopt such
provisional measures of necessity or urgency, as are essential to ensure investigation of the act and
the prosecution of the guilty parties. The law shall fix a brief and peremptory time limit within which
the judicial authorities must be notified of such methods, and shall also establish a period during which
the latter shall rule on them, it being understood that they have been revoked and are without effect
unless confirmed within that period.23
30.
The Organic Law of Amparo on Constitutional Rights and Guarantees (hereinafter
the “Law of Amparo”), establishes in Articles 45 and 46 the following:
-Article 44. Whenever a punishable act has been committed, the police authorities, who in accordance
with the law are auxiliaries of the administration of justice, may order, as provisional measures of
necessity and urgency, either the detention of the presumed guilty party or his periodic presentation,
during the summary investigation, to the respective authority. In either of the two hypotheses, the
order must give the grounds and be in writing.
-Article 46. In the case of the previous article, the detainee must be placed at the order of the
competent judge, within a period of eight (8) days.24
31.
The Code of Criminal Procedure established:
-Article 71: The summary is comprised of the actions directed to discovering and recording the
commission of punishable acts, with all of the circumstances that might bear upon its characterization
and the guilt of the presumed agents, with the seizure of the persons and the active and passive
objects of the commission.25 […]
-Article 75: The Judicial Police are subordinated to the Investigative Judges in the exercise of the
functions that are attributed to them by this Code and must investigate the crimes, identify and
preventively apprehend the presumed guilty persons and safeguard the necessary evidence for the
application of the Law. They are also subordinated to the other Criminal Tribunals, when they require
technical collaboration for the structuring and conservation of the evidence. The Judicial Police act,
depending on the case, on their own initiative, by a complaint or by order of the competent authority.
-Article 75 G: The officials of the Judicial Police must account for the actions taken with an indication
of:
1.
The place, hour, day, month and year in which the action was taken;
2.
The first and last name, category and address of each of the persons who have intervened;
the personal data and the addresses of the witnesses;
3.
The personal data of the interpreters in the cases included in this Code;
4.
The signature of the interveners who knew and were so able and an indication of those who
did not sign and the reasons for not doing so.26
C) The detentions and the procedure followed for the presumed victims
32.
On November 23, 1998, the Secretary of the Homicide Brigade certified that, at
2:00 a.m., he received a call from an official of the guard who indicated that beside a
house in the Catacumbo neighborhood there was the body of a woman, named C.F., who
A literal transcription of the Venezuelan Constitution of 1961 was included in the expert opinion of
Magaly Mercedes Vásquez González (evidence file, fs. 2769 to 2794).
23
24
Articles 45 and 46 of the Law of Amparo were transcribed by the State in its answer.
Article 71 of the Code of Criminal Procedure was transcribed by the State in its answer. Venezuela, in
doing so, emphasized the part of the text that indicates “with the seizure of the persons.”
25
The text of Articles 75 and 77 G is included in the Code of Criminal Procedure, which has been
incorporated as evidence de oficio by the Court (supra para. 20).
26
10