Peña was subjected is not part of the factual framework and, therefore, will not be analyzed in
Chapter VII on the merits.
Conclusions regarding the delimitation of the factual framework of this case
55.
Based on the above, the factual framework of the instant case submitted to the
consideration of the Court is circumscribed to the facts related to the arrest and pre-trial detention
of Mr. Díaz Peña; the alleged lack of independence and impartiality of a judge who took decisions in
this regard, and the alleged deterioration in Mr. Díaz Peña’s health, presumably because of the
detention conditions and the alleged lack of adequate and timely medical care and treatment. The
factual framework of this case, consequently, does not include a significant number of supposed
facts, assessments of facts and contextual references that the parties presented and argued as part
of it, and the Court will not rule specifically in regard to these alleged facts, even though it can take
them into account, as pertinent, as arguments of the parties and as background information to the
disputed facts.
B)
Background information
56.
There is no dispute between the parties that, in the early morning hours of February 25,
2003, explosive devices were detonated in front of the Consulate General of the Republic of
Colombia located in the municipality of Cacao, Miranda state, and in the Office for International
Trade of the Kingdom of Spain located in La Castellan, Caracas, Capital District, Venezuela. The
explosions injured about three people and caused material damage to the said premises, adjacent
buildings, and vehicles in the area.38
57.
Owing to these two incidents, investigations were opened and it was indicated publicly that
the authors were possibly members of the National Armed Forces, because, starting in October
2002, some retired soldiers were holding protest meetings in the Plaza Francia in Altamira, in the
municipality of Cacao, in the eastern part of Caracas.39
58.
Raúl José Díaz Peña was a 29-year-old civil engineering student40 at the time of the facts;41
he often attended the events in Plaza Francia in Altamira, where he received the nickname “Felix,”
as a collaborator for security matters.42
59.
As of September 10, 2003, Raúl José Díaz Peña was implicated in the said investigation
owing to the seizure of a yellow Toyota Samurai pickup truck, license plate ATJ-706, owned by his
38
See also news item on BBC World on February 25, 2003, entitled “Venezuela: condenan atentados”, available at:
http://news.bbc.co.uk/hi/spanish/latin_america/newsid_2797000/2797977.stm last visited June 26, 2012).
39
Request for a judicial measure of deprivation of liberty by the Fourth Prosecutor of the Public Prosecution Service
with competence for national environmental defense against officials of the National Armed Forces filed on January 29, 2004
(evidence file, tome XII, folios 6674 to 6686); Preliminary hearing against Felipe Orlando Rodríguez Ramírez held on
February 6, 2005 (evidence file, tome XIII, folios 7896 to 7901), and news item broadcast on Venezuelan Radio Nacional on
November 27, 2003, entitled “DISIP and CICPC prueban que militares de Altamira están detrás de atentados terroristas”,
available at http://www.rnv.gov.ve/noticias/?act=ST&f=2&t=1780 (last visited June 26, 2012).
40
Cf. Testimony given by Raúl José Díaz Peña by electronic audiovisual means before the Inter-American Court of
Human Rights during the public hearing held on December 1, 2011, and summary of Raúl José Díaz Peña’s curriculum (file
of the proceedings before the Inter-American Commission, tome II, folios 1191 to 1192).
41
Cf. Passport of Raúl José Díaz Peña (merits file, tome II, folio 907).
42
Cf. Interview with Raúl José Díaz Peña by the Homicide Investigation Division on September 12, 2003 (evidence
file, tome X, folios 5458 to 5463), and Record of the hearing for the presentation of the accused held before the Eleventh
Examining Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area on February 26, 2004 (evidence file, tome
V, folios 2755 to 2768). See also: Testimony given by Raúl José Díaz Peña by electronic audiovisual means before the InterAmerican Court of Human Rights during the public hearing held on December 1, 2011.
17