2
2009, Mr. Natera’s mother turned to the Public Prosecutors’ Office with Jurisdiction in
Fundamental Rights located in the city of Bolivar, State of Bolivar, in order to state
that her son was imprisoned in the “Oriental penitentiary center” and that he has
been missing since November 8, 2009; ii) on November 9, 2009, the Venezuelan
Observatory of Prisons made “requests of investigation and information with a sense
of urgency” before the Attorney General of the Republic and the National Office of
Penitentiary Services; iii) on November 10, 2009, a request of “investigation before
the Attorney General of the Republic and all the competent security bodies” for the
disappearance of Mr. Natera was published in the regional media Correo del Caroní,
and iv) on November 16, 2009, Mr. Natera’s mother filed a habeas corpus petition
before the Court on Duty in Control Functions of the Second Circuit of the Criminal
Legal Jurisdiction of the Bolivar State – Territorial Extension of Puerto Ordaz;1
c) on November 9, 2009, an official from the First Court for the Execution of Criminal
Judgments of the Second Circuit of the Legal Jurisdiction of the State of Bolívar came
before the mentioned penitentiary center to notify Mr. Natera “of a decision issued by
the Court of Appeals of the Bolívar State,” without being able to verify his presence,
a situation to which the Director and the General Secretariat of the penitentiary
establishment was so informed;2
d) on November 20, 2009, in accordance with the mentioned background and with
that stated in Article XIV of the Inter-American Convention on Forced Disappearance
of Persons, the Commission sent an urgent request for information to the State so it
would inform, within a 48-hour period, on the whereabouts of Mr. Eduardo Natera;
his physical state; indicate the reasons why contact and visits with his next of kin
had not been possible, and any other information regarding his whereabouts and
situation.3 On that same day, the State requested a “sensible extension” to present
the information requested. Through a communication of November 23, 2009, the
Commission granted the State a 24-hour extension, and
e) on November 23, 2009, the State informed on some of the domestic
investigations regarding Mr. Natera’s situation. Specifically, the State mentioned that
the 68° Section of the Public Prosecutors’ Office at a National Level with Full
Competence started a criminal investigation regarding the alleged escape or physical
disappearance of Mr. Eduardo José Natera; that Mr. Natera was seen in an
automobile that matches the characteristics mentioned (supra Having Seen
paragraph 2(a)) and that seems to correspond as belonging to a captain of the
National Guard that worked at that penitentiary center; that the Public Prosecutors’
Office assigned to the case called upon the Third Court of First Instance in Control
Functions of the Criminal Legal Circuit of the Bolívar State to issue an arrest warrant
for the mentioned captain and another 16 officials, for the alleged commission of the
crimes of Evasion Aided by a Public Official, Inappropriate Corruption and Conspiracy
1
Cfr. Brief of the filing of the habeas corpus before the Court on Duty in Control Functions of the Second
Circuit of the Criminal Legal Jurisdiction of the Bolívar State – Territorial extension of Puerto Ordaz of November
16, 2009, attachment 2 to the brief of provisional measures of November 28, 2009.
2
Cfr. Brief of the filing of the habeas corpus before the Court on Duty in Control Functions of the Second
Circuit of the Criminal Legal Jurisdiction of the Bolívar State – Territorial extension of Puerto Ordaz of November
16, 2009, attachment 2 to the brief of provisional measures of November 28, 2009.
3
Cfr. Letter of the Inter-American Commission of Human Rights requesting information of November 20,
2009, attachment 3 to the request of provisional measures of November 28, 2009.