diversity of procedural subjects141 or the number of victims;142 (iii) the time that has elapsed
since the State became aware of the alleged offense; 143 (iv) the characteristics of the remedy
under domestic law,144 and (v) the context in which the facts occurred.145
114. In this case, the Court notes that: (a) the events that occurred relate to three victims
who were fully identified from the outset; (b) the facts could allegedly be attributed to a group
of police officers, also identified from the outset, and (c) from the start, the authorities had
access to all the elements of interest for an appropriate criminal investigation. Added to this,
the events took place in a context of extrajudicial executions in Venezuela, and especially in
Aragua state, of which the State was aware.
115. That said, the State argued that this was a complex case because two different
incidents were investigated, with several victims and alleged perpetrators, and the alleged
perpetrators were police officers. However, none of these elements is directly related to the
complexity of the proceedings. Nor is the State’s argument regarding the mixed composition
of the courts in the context of a reform of criminal procedure because any delays resulting
from the adaption to the new legislation is the responsibility of the State and should not have
negative impact on the respect and guarantee of the right to judicial guarantees.
116. Therefore, the Court considers that, in this case, there is sufficient evidence to
conclude that the investigation of the facts was not complex.
b) The procedural activity of the interested party
117.
Regarding this second element, the Court must assess whether the interested parties
carried out the interventions that were reasonably required at the different procedural
stages.146 The State argued that the alleged victims contributed to the duration of the criminal
proceedings. However, the Court considers that preliminary absence from a judicial procedure
or the fact of filing a recusal against a judge, as the State has alleged, are interventions that
could reasonably be required by the interested parties.
c) The conduct of the judicial authorities
118. Regarding the conduct of the judicial authorities, the Court has understood that, as
leaders of the process, they have the obligation to guide and prosecute the judicial
proceedings in order not to sacrifice justice and due process to formalities.147 In the instant
case, the Court notes that: (a) after the Public Prosecution Service had filed the indictment
Cf. Case of Acosta Calderón v. Ecuador. Merits, reparations and costs. Judgment of June 24, 2005. Series C
No. 129, para. 106, and Case of Villamizar Durán et al. v. Colombia, para. 166.
141
Cf. Case of Furlan and family members v. Argentina. Preliminary objections, merits, reparations and costs.
Judgment of August 31, 2012. Series C No. 246, para. 156, and Case of Carvajal Carvajal et al. v. Colombia, para.
107. Similarly, see Case of Baldeón García v. Peru. Merits, reparations and costs. Judgment of April 6, 2006. Series
C No. 147, para. 152, and Case of Vargas Areco v. Paraguay. Merits, reparations and costs. Judgment of September
26, 2006. Series C No. 155, para. 103, and Case of Villamizar Durán et al. v. Colombia, para. 166.
142
Mutatis mutandis, Cf. Case of Heliodoro Portugal v. Panama. Preliminary objections, merits, reparations and
costs. Judgment of August 12, 2008. Series C No. 186, para. 150, and Case of Villamizar Durán et al. v. Colombia,
para. 107.
143
Cf. Case of Salvador Chiriboga v. Ecuador. Preliminary objection and merits. Judgment of May 6, 2008.
Series C No. 179, para. 83, and Case of Villamizar Durán et al. v. Colombia, para. 166.
144
Cf. Case of Furlan and family members v. Argentina, para. 156, and Case of Villamizar Durán et al. v.
Colombia, para. 166.
145
Cf. Case of Fornerón and daughter v. Argentina. Merits, reparations and costs. Judgment of April 27, 2012.
Series C No. 242, para. 69, and Case of Villamizar Durán et al. v. Colombia, para. 166.
146
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25,
2003. Series C No. 101, para. 211, and Case of Villamizar Durán et al. v. Colombia, para. 166.
147
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