ii. The rights to life, humane treatment, personal liberty and special protection due to
children (Articles 4, 5, 7 and 19 of the Convention) of Eduardo Landaeta, and
iii. The rights to humane treatment, judicial guarantees and judicial protection (Articles 5, 8
and 25 of the Convention) of María Magdalena Mejías Camero (mother, hereinafter
“María Magdalena Mejías”), Ignacio Landaeta Muñoz (father, hereinafter “Ignacio
Landaeta”); Victoria Eneri and Leydis Rossimar, both with the last names Landaeta
Galindo (sisters, hereinafter “Victoria Landaeta and Leydis Landaeta”), Francy Yellut
Parra Guzmán (permanent companion of Igmar Landaeta, hereinafter “Francy Parra”),
and Johanyelis Alejandra Parra (daughter of Igmar Landaeta, hereinafter “Johanyelis
Landaeta Parra”). 4
b.
Recommendations. Consequently,
recommendations to the State:
i.
ii.
iii.
iv.
v.
the
Commission
made
a
series
of
Conduct a complete, impartial, effective and prompt investigation of the human rights
violations declared in the Merits Report in order to determine and punish the
masterminds and perpetrators of the facts described;
These investigations must be conducted so that they establish the links between each of
the events examined in the Merits Report, as well as between these events and the
more general context of violence and extrajudicial executions involving the regional
police;
Order the corresponding administrative, disciplinary or criminal measures to address the
acts or omissions of the State officials that contributed to the denial of justice and the
impunity of the facts of the case;
Make adequate pecuniary and non-pecuniary reparation for the human rights violations
declared in the Merits Report, and
Establish measures of non-repetition that include: (i) training programs on international
human rights standards in general, and with regard to children and adolescents, in
particular, for the Police of the state of Aragua; (ii) measures to ensure real
accountability in the criminal, disciplinary and administrative sphere, in cases of
presumed abuse of power by State agents responsible for public security, and (iii)
legislative, administrative, and other types of measures in order to investigate with due
diligence and in keeping with the relevant international standards the need for and
proportionality of lethal use of force by police agents, so that effective protocols exist
that allow adequate control and accountability mechanisms to be implemented in
response to the actions of these agents.
d) Notification of the State. The Merits Report was notified to the State on April 10, 2012, and
it was given two month to report on compliance with the recommendations.
e) Submission to the Court. On July 10, 2012, the Commission submitted all the facts and
human rights violations described in the Merits Report to the jurisdiction of the InterAmerican Court, “owing to the need to obtain justice for the victims in view of the failure
to comply with the recommendations by the State of Venezuela.” 5
3.
Requests of the Inter-American Commission. Based on the foregoing, the
Commission asked the Court to declare the international responsibility of the State for
the violations described in its Merits Report (supra para. 2(c)).
II
PROCEEDINGS BEFORE THE COURT
4.
Notification of the State and the representatives. The submission of the case by the
Commission was notified to the State and the representatives on August 24, 2012.
5.
Brief with motions, arguments and evidence. On October 26, 2012, the
representatives presented their brief with motions, arguments and evidence (hereinafter
“motions and arguments brief”). The representatives agreed, in substance, with the
4
The Inter-American Commission considered as victims the daughter of Igmar Alexander Landaeta Mejías
and referred to her as Johanyelis Alejandra Parra. For the effects of this Judgment, the Court will refer to her
as Johanyelis Alejandra Landaeta Parra or Johanyelis Landaeta Parra.
5
The Commission appointed Commissioner Felipe González as its delegate; and Elizabeth Abi-Mershed,
Deputy Executive Secretary, and Silvia Serrano Guzmán, Executive Secretariat lawyer, as legal advisers.
4