Alexis Díaz Loreto; and 8 (fair trial) and 25 (equal protection) of Octavio Ignacio Díaz
Álvarez, Robert Ignacio Díaz Loreto, David Octavio Díaz Loreto and their family
members, all pursuant to Article 1(1) of the Convention.
B. The State
32.
The State informed that the Attorney General’s Office, through the 23 rd District
Attorney’s Office with full jurisdiction at the national level and the 9 th District Attorney’s
Office of the Judicial District of the state of Aragua, began inquiries on January 6,
2003, the date they first knew of the death of Roberto Ignacio Díaz Loreto and David
Octavio Díaz Loreto.
33.
It states that said authorities took the necessary steps in determining what
had happened and in identifying the liability of the perpetrators and accomplices, as a
result of which charges were filed by the aforementioned Attorney’s Offices before the
Fifth Trial Court overseeing the Judicial Circuit for Criminal Cases of the state of
Aragua, on June 13, 2003.
34.
The State specified that the Attorney General’s Office has accused officer
Saúl Ricardo Ramos Mora of the crime of intentional homicide of Roberto Ignacio Díaz
Loreto and, of being an accomplice (en grado de complicidad correspectiva) in the
intentional homicide of David Octavio Díaz Loreto and Octavio Díaz Álvarez. It also
stated that Rafael Antonio Barrero Araque, Luís Di Camilo Colmenares, José Francisco
Maldonado, Jorge Luis Alvarado Hernández, Erick Gilberto Torrealba Urbina, and Jesús
Ramón Franco Martínez [had been charged with the crime of being an immediate
accessory (cooperador inmediato) to the intentional homicide of Roberto Ignacio Díaz
Loreto and an accomplice in the intentional homicide of David Octavio Díaz Loreto and
Octavio Díaz Álvarez.
35.
According to the State, on January 7, 2003, the Fifth Trial Court overseeing
the Judicial Circuit for Criminal Cases of the state of Aragua admitted in full the
charges brought by the Attorneys’ Offices and the evidence they submitted and
ordered the preventive arrest of the accused. The State indicated that oral and public
hearings commenced on January 18, 2006 and ended on April 25, 2007 with the
acquittal of the accused.
36.
The State added that on July 19, 2007, the Attorney General's Office
appealed the aforementioned judgment; that on October 4, 2007 oral hearings were
scheduled for the parties to appear before the Court of Appeals of the Judicial Circuit
for Criminal Cases of the state of Aragua; and that said hearings were postponed to
February 14, 2008.
37.
The State argued that, accordingly, the petition should be declared
inadmissible because domestic remedies had not been exhausted and because the
criminal proceedings had shown respect for effective judicial protection and the other
rights and guarantees provided for under domestic law and in the international human
rights instruments ratified by Venezuela.
IV. ADMISSIBILITY
A. Competence
7