312. Based on the above, the Court assesses positively the progressive efforts made by
the State. However, since, in this case, it has established the State’s responsibility for
the violation of Article 2 of the Convention owing to the lack of adequate legislation and
training on the use of force at the time of the facts, and considering the measures
ordered in its previous judgments in this regard, the Court reiterates the need to comply
with the aspects ordered in its judgments that are pending compliance. In particular, it
considers it important that the State enhance its capability to monitor and to require
accountability from police agents involved in episodes when force is used, in accordance
with the international standards reflected in this Judgment.
C.3.2 Other measures requested
C.3.2.1 Adaptation of the laws on the detention of minors
313. The representatives indicated that Eduardo Landaeta had been arbitrarily deprived
of his liberty and subsequently processed under an ordinary procedure in which his
status as a minor was not considered, even though his family members pointed this out
to the State agents in charge of him. In this regard, the representatives asked that the
State adapt its laws to international standards for cases of the detention of minors, to
ensure that events such as those of this case are not repeated. Neither the Commission
nor the State referred to this measure of reparation.
314. The Court takes note of the relevant laws in force in Venezuela on juvenile
detention. First, article 526 of the Organic Law for the Protection of Children and
Adolescents, promulgated in 2007, created a system for Adolescent Criminal
Responsibility 403 composed of different State bodies and entities. 404 Its purpose was to
establish a regime of responsibility that was differentiated from the ordinary regime
based on the specialized jurisdiction and on the sanctions imposed on adolescents. 405 In
addition, article 548 of this law established that the deprivation of liberty of an
adolescent was an exceptional measure and was only admissible if a court order
exists. 406 If the detention was executed in flagrante delicto, the law established a time
limit of 24 hours for the authorities concerned to bring the adolescent before a judge. 407
If the detention was executed in order to identify the minor, it could not exceed 96 hours
403
Article 2 of the Organic Law for the Protection of Children and Adolescents defines the adolescent as
anyone who is 12 years old or more and less than 18 years of age.
404
Article 526 establishes that: “The Adolescent Criminal Responsibility System is the series of bodies and
entities that are responsible for establishing the responsibility of the adolescent for the wrongful acts he
commits, as well as for the application and control of the corresponding sanctions.” In addition, article 527
establishes that: “The Adolescent Criminal Responsibility System is composed of: (a) the Adolescents Section
of the Criminal Court’(b) the Criminal Cassation Chamber of the Supreme Court of Justice; (c) the Public
Prosecution Service; (d) the Autonomous Public Defense Service; (e) the Investigating Police, and (f) programs
and entities that provide attention to adolescents.”
405
Article 528 establishes that: “The adolescent who commits a wrongful act shall respond for the act to the
extent that he is guilty, in a way that is differentiated from that of the adult. The difference consists in the
specialized jurisdiction and in the sanction imposed.”
406
Article 548 establishes the exceptional nature of the deprivation of liberty and indicates that: “With the
exception of detention in flagrante delicto, the deprivation of liberty is only admissible with a court order in the
cases, under the conditions, and for the period established in this law. Preventive detention may be reviewed
at any time at the request of the adolescent.”
407
Article 557 refers to detention in flagrante delicto, and indicates that: “The adolescent who has been
detained in flagrante delicto shall be brought immediately before the prosecutor of the Public Prosecution
Service who, within the following 24 hours, shall bring him before the Oversight Judge and shall explain how
the arrest was made. The judge shall decide, during the same hearing, if he orders an oral trial directly within
the following 10 days. The prosecutor and, if appropriate, the complainant, shall present the charges directly in
the hearing of the oral trial and, in other matters, the ordinary rules of procedure shall be followed. During the
hearing to present the individual detained in flagrante delicto, the judge shall decide the precautionary
measure to ensure appearance at trial, and may order pre-trial detention only in the cases that are admissible
pursuant to the following articles.”
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