93. On November 10, 2003, the Appellate Court delivered a new judgment in second instance declaring admissible the remedy of appeal that had been filed and dismissing the case against police agent GACF. 116 The President of the Appellate Court dissented from the judgment handed down. 117 94. On November 12 and 20, 2003, the Sixth Prosecutor, the defense lawyer, and Ignacio Landaeta, respectively, were notified of the operative paragraphs of the judgment delivered by the Appellate Court. 118 95. On December 5, 2003, Ignacio Landaeta requested that an administrative investigation be opened against two of the judges of the Appellate Court; 119 however, this Court has no information on that investigation. 96. Lastly, on April 22, 2004, considering that no appeal had been filed against the judgment it had delivered, the Appellate Court forwarded the case to the Central Judicial Archives. 120 F. Investigation into the death of Eduardo José Landaeta Mejías 97. On December 31, 1996, the Mariño Police Department advised the Ninth Prosecutor of the state of Aragua (hereinafter “the Ninth Prosecutor”) of the commencement of the summary investigation into the incident in which Eduardo Landaeta lost his life. Accordingly, five police agents of the Mariño Police Department went to the scene of the incident where they found the vehicle in which Eduardo Landaeta was being transferred guarded by two police agents and, inside it, his lifeless body with numerous gunshot wounds. The investigating team proceeded to interview the police agents and witnesses who were in the area. Subsequently, a team from the Maracay Forensic Medicine Unit and the Ninth Prosecutor arrived to remove the body and to transfer it to the Forensic Medicine Unit of the region of Aragua. 121 98. The same day, at 11 a.m., a team consisting of seven agents from the Mariño Police Department conducted an inspection of the scene of the incident. Later, at 12 m., two agents of the Mariño Police Department went to the Maracay Central Morgue, where are the object of the proceedings. This means that the evidentiary material analyzed by the first instance court must be re-examined and the evidence re-assessed in accordance with the system established by the [Code of Criminal Procedure].” Cf. Judgment of the Supreme Court of Justice, sitting as a Criminal Cassation Chamber, of November 29, 2002 (annexes to the answering brief, folios 9732, 9737 and 9739). 116 Thus, the Appellate Court found, among other matters, that the halo of bruising left by the second shot could not indicate that it had been fired at close range – in other words, nearly touching the victim – in which case it would have left a burn mark; also witness testimony corroborated the testimony of the police agents, understanding that the facts occurred in a context of legitimate use of force by the authorities, after using legitimate defense as the only means of subduing the armed attacker so that he would not continue to attack the police agents using a firearm. Cf. Judgment of the Incidental Chamber of the Appellate Court of the Criminal Judicial Circuit of the state of Aragua of November 10, 2003 (annexes to the answering brief, folios 9838 and 9841). 117 In this regard, it considered, among other matters, that there were inconsistencies in the testimony of the police agents and the witnesses that supported their version, so that they should have been rejected. Cf. Judgment of the Incidental Chamber of the Appellate Court of the Criminal Judicial Circuit of the state of Aragua of November 10, 2003 (annexes to the answering brief, folio 9850, 9855 and 9856). 118 Cf. Notification records of November 10, 2003 (annexes to the answering brief, folios 9864, 9868 and 9869). 119 Cf. Requests to open an administrative investigation against Judges Attaway Marcano and Alejandro Perillo of December 5, 2003 (file of the procedure before the Commission, folios 1392 to 1397). 120 Cf. Order to forward the case to the Central Judicial Archives of April 22, 2004 (annexes to the answering brief, folio 9878). 121 Cf. Note of the Mariño Police Department of December 31, 1996 (annexes to the answering brief, folio 7108), and police record of December 31, 1996 (annexes to the answering brief, folios 7109 and 7110). 25