56
investigate these aspects represented an additional factor contributing to impunity in both cases,
obstructing the determination of the truth and ultimately the punishment of those responsible.
4.
The right to a diligent and reasonably prompt investigation regarding the unlawful
and arbitrary detention and the violations of the right humane treatment endured
by the victim Eduardo José Landaeta
282.
As indicated by the facts in this case, the Venezuelan State did not take undertake any
procedures to investigate the conduct of the police officers who unlawfully and arbitrarily arrested
Eduardo José Landaeta and then failed to make him available to judicial authority.
283.
Nor did the State initiate any investigation into the conduct of the police officers who had
custody of Eduardo José Landaeta from the time of his arrest, in order to determine who was responsible
for the signs of torture revealed on his body during the autopsy. In this regard, the Inter-American Court
has stated that the obligation to guarantee the right recognized in Article 5.1 of the Convention entails the
duty of the State to adequately investigate possible acts of torture or other cruel, inhuman, or degrading
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treatment.
284.
The Commission emphasizes the case law of the Inter-American Court in the sense that
in those cases where alleged torture or mistreatment have been claimed, the time elapsed till [sic]
the performance of the pertinent medical examinations is essential in order to unquestionably
determine the existence of damage, specially [sic] when there are no witnesses other than the
perpetrators and the victims themselves, and consequently, the evidence may be scarce. Thus, it
may be concluded that in order for an investigation regarding facts involving torture to be effective,
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the same must be promptly conducted.
285.
In addition there was no investigation as to why Eduardo José Landaeta Mejías, a minor,
was arrested without a court order and in the absence of an in flagrante situation, without his parents
being informed, without any judicial control and without notice to the specialized authority for the defense
of children.
286.
In this section, there is no need to perform a detailed analysis as to whether or not the
State acted with due diligence and within a reasonable period of time, since on the subject of violations of
the right to humane treatment and personal liberty the inaction of the domestic authorities was absolute. It
is sufficient to conclude on this point that the Venezuelan State failed to provide an effective judicial
remedy for Eduardo José Landaeta Mejías’ next of kin with respect to the violations of his right to humane
treatment and the unlawful deprivation of his liberty.
5.
Conclusion
287.
Based on the foregoing considerations, the Commission concludes that the State of
Venezuela did not provide the Landaeta Mejías brothers’ next of kin an adequate and effective remedy,
with the guarantees of due process, in order to shed light on the facts and impose the appropriate
punishment for the death of the two brothers, as well as the unlawful and arbitrary deprivation of Eduardo
José Landaeta Mejías’ liberty and the violation of his right to humane treatment. As a result, the State is
responsible for violating the rights to a fair trial and judicial protection established in Articles 8 and 25 of
the American Convention, in connection with the obligations indicated in Article 1.1 of the same
instrument, to the detriment of María Magdalena Mejías (mother), Ignacio Landaeta Muñoz (father),
309
I/A Court HR., Vargas Areco Case. Judgment of September 26, 2006. Series C, No. 155. para. 103. para. 78; and I/A
Court HR., Ximenes Lopes Case. Judgment of July 4, 2006. Series C, No. 149. para. 147.
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I/A Court HR., Bueno Alves Case. Judgment of May 11, 2007. Series C, No. 164. para. 111.