Moreover, in its judgment of December 14, 2011, the Appellate Court acknowledged that
important evidence had not been obtained during the investigation, without any reasonable
justification.137 Even though some of these omissions were rectified during the second judicial
proceedings, the lack of diligence during the initial moments of the investigation had a
negative impact on the possibility of clarifying the facts.
110. Taking all the above into consideration, the Court concludes that all existing lines of
investigation were not investigated, or at least not thoroughly, despite the existence of
reasonable indications. Also, given the context of extrajudicial executions in Venezuela,
especially in Aragua state, it concludes that the State failed to take this context into account
in the investigation even though patterns of extrajudicial executions were identified, such as:
irregular actions by Aragua law enforcement officers, the justification of public safety and the
profile of the victims, confrontations simulated by altering the crime scene or planting
evidence, and the situation of impunity that persisted after the events took place. For these
reasons, the Court considers that the State incurred in a violation of due diligence in the
investigation.
111. Lastly, regarding the representatives’ allegation that the Public Prosecution Service
failed to file an appeal against the judgment of the Second Trial Court of September 4, 2014,
that acquitted the accused for the second time, they indicated that that were unable to access
the judgment owing to the impossibility of obtaining copies of the case file in the domestic
sphere, and this has not been contested by the State. This Court considers that, in this case,
it is unclear whether the Public Prosecution Service was legally obliged to appeal the acquittal
and the representatives failed to explain how this constituted an international obligation under
the American Convention.
B.2. The reasonable time for the investigation and criminal proceedings
112. Article 8(1) of the Convention requires that events investigated during criminal
proceedings be decided within a reasonable time because, in certain cases, a prolonged delay
may, in itself, constitute a violation of judicial guarantees.138 Similarly, this Court’s case law
has considered four elements to determine whether the judicial guarantee of a reasonable
time has been respected, namely: (a) the complexity of the matter; (b) the procedural activity
of the interested party; (c) the conduct of the judicial authorities, and (d) the effects on the
legal situation of the person involved in the proceedings. Also, based on these criteria, the
State must provide the reasons why it has required the time that has passed to conclude the
case.139 On this basis, the Court will analyze whether the State complied with a reasonable
time in the investigations and proceedings relating to the deaths of Robert Ignacio Díaz
Loreto, David Octavio Díaz Loreto and Octavio Ignacio Díaz Álvarez and, to this end, it will
examine each of the four above-mentioned elements.
a) The complexity of the case
113. Regarding this first element, the Court has taken different criteria into account to
determine the complexity of a matter, including: (i) the complexity of the evidence; 140 (ii) the
Cf. Decision of Contingent Chamber No. 66 of the Appellate Court of the Criminal Judicial Circuit of Aragua
state of December 14, 2011 (evidence file, folios 172 to 184).
137
Cf. Case of Hilaire Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, reparations and costs.
Judgment of June 21, 2002. Series C No. 94, para. 145, and Case of Villamizar Durán et al. v. Colombia, para. 165.
138
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, para. 156, and Case of Muelle Flores v. Peru, para. 155.
139
Cf. Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs. Judgment of January 29, 1997. Series
C No. 30, para. 78, and Case of Villamizar Durán et al. v. Colombia, para. 166
140
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