expressly indicated that, on December 30, 1997, while María Magdalena Mejías was at
the Police Command Center, agents GACF and AAC, who were implicated in the death of
Igmar Landaeta, came to the Command Center requesting that the minor, Eduardo
Landaeta, be handed over to them in order to transfer him. 258 In the Court’s opinion, this
reveals a possible linkage between the two cases.
224. The Court notes that, despite the evidence indicating a connection between the two
deaths, the fact that the authorities had been advised about the presumed threats,
harassment and danger faced by Eduardo Landaeta, and that the Ninth Prosecutor of the
Public Prosecution Service was in charge of both cases for some time, the authorities did
not conduct joint investigations into these incidents or make inquiries aimed at proving
the connections. 259 In this regard, the Court has established that “[i]nvestigating with
due diligence requires taking into account the events surrounding other murders and
establishing some type of connection between them. This should be done, ex officio,
without the victims and their family members having to assume this initiative.” 260
225. Based on the above, the Court considers that the isolated investigations that were
conducted did not help clarify the facts or determine responsibilities. Thus, the Court
finds that the State, by not investigating the two deaths together, failed to exhaust all
possible lines of investigation that would have made it possible to clarify the facts. 261
B.2 Due diligence and reasonable time during the investigations and the
criminal proceedings relating to the death of Igmar Alexander Landaeta
Mejías
226. The Court has established that Igmar Landaeta died in November 1996 owing to
the excessive use of force (supra para. 142). As a result of this, the Court notes that an
investigation was opened and also criminal proceedings to clarify the incident and to
impose the corresponding punishment on those responsible, which concluded with an
acquittal and a dismissal. Consequently, and based on the arguments of the Commission
and the parties, this Court must decide whether the investigations and the criminal
proceedings in relation to the death of Igmar Landaeta were conducted with due
diligence and within a reasonable time. Hence, the Court will now analyze: (a) the
presumed omissions in the initial measures of investigation, and their impact on the final
result of the criminal proceedings; (b) the presumed irregularities in the criminal
proceedings, and (c) reasonable time.
B.2.1 The initial investigation measures
227. The Court has established that, in the context of the obligation to investigate a
death, the real determination to discover the truth is demonstrated by the thoroughness
of the initial steps taken. 262 Thus, the Court has established the guidelines that must be
observed in an investigation into a violent death, such as the one revealed by the facts
of this case. The State authorities who conduct an investigation of this type must, at
least, inter alia: (i) identify the victim; (ii) recover and preserve evidentiary material
related to the death to aid in any possible criminal investigation of those responsible;
258
Cf. Request to open a preliminary inquiry into unlawful conduct by a State agent (infra footnote 294)
presented by the Justice and Peace Human Rights Committee of the State Aragua on August 27, 1997
(annexes to the answering brief, folios 7083 to 7085).
259
Cf. Case of the Barrios Family, supra, para. 253.
260
Cf. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations and
costs. Judgment of November 16, 2009. Series C No. 205, para. 368, and, inter alia, Case of the Barrios
Family, supra, para. 253.
261
Cf. Case of the Barrios Family, supra, para. 254.
262
Cf. Case of Servellón García et al. v. Honduras. Merits, reparations and costs. Judgment of December
21, 2006. Series C No. 152, para. 120, and Case of Veliz Franco et al., supra, para. 191.
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