93.
A criminal investigation was launched into the facts surrounding the escape,117 in the context
of which on November 7 and 8, 2001, the arraignment hearing was held for Luis Carrera Almoina, his father
and the other two employees of the Universidad Nacional Abierta. The Office of the Public Prosecutor charged
them, respectively, with the crimes of escape, facilitating the escape of a detainee, and misuse of public
property; and for the other two individuals, cover-up.118 In a decision dated November 8, 2001, the Oversight
Court ordered preventative detention for all of the accused.119
3.
The first oral trial and other allegations of irregularities during the judicial process
94.
On November 5, 2001, the 33rd Prosecutor charged Luis Antonio Carrera Almoina with
attempted first-degree murder, rape, and illegal deprivation of liberty.120 The Office of the Public Prosecutor
indicated that Linda Loaiza López was deprived of liberty by the accused on March 27, 2001, and that while
she was held against her will and under threat, Luis Carrera Almoina
[...] caused injuries to the victim that could have resulted in her death if it were not for the
timely intervention of the police and doctors that to this day continue to treat her; all with
the goal of satisfying his exaggerated sexual cravings, which even led him to torture the
victim to such a degree that injuries were caused to her ears, her eyes, even performing
more subtle torture on her such as burning her with cigarette butts on her private parts
and causing other physical damage like making her lose her mouth, as well as causing
other deformities that perhaps can only be fixed through surgery […] and all this in
addition to the moral, traumatic, and psychiatric injuries that may never be fully healed; all
of this means that at her youth, it will be physically and morally impossible for her to
continue to be the same person she once was, working as a professional in with a
certificate in zootechnics, something she was not able to accomplish because of the painful
situation she is currently facing.121
95.
The preliminary hearing was set for November 20, 2001, but it did not take place because
Luis Carrera Almoina’s defense had not been sworn in and because the Eighteenth Oversight Court agreed to
add the aforementioned case of the defendant’s escape.122
96.
On November 19, 2001, the representative of Linda Loaiza López filed private prosecution
charges on his own behalf against Luis Carrera Almoina for the crimes of attempted first-degree murder,
rape, and illegal deprivation of liberty, as defined in the Criminal Code in force at the time. He also filed a
criminal complaint for the crime of torture as established in the Rome Statute of the International Criminal
Court, which was approved in a law passed by the Congress of the Republic of Venezuela on December 7,
117 Annex 46. Report on the launch of investigations of November 6, 2001. 40th Prosecutor of the Caracas Metropolitan Area.
Annex Ñ of the brief of the State of January 16, 2009 and Annex 45. Police report of November 6, 2001. National Directorate of Criminal
Investigations Technical Body of the Judicial Police. Chacao Police Station. Annex Ñ of the brief of the State of January 16, 2009.
118 Annex 47. Record of presentation hearing of the accused, November 7 and 8, 2001. Case No. 44C-761-01. Fortieth First
Instance Oversight Court of the Caracas Metropolitan Area. Annex O of the brief of the State of January 16, 2009.
119 Annex 48. Decision of the Fortieth First Instance Oversight Court of the Caracas Metropolitan Area, November 8, 2001. Case
No. 44C-761-01. Annex O of the brief of the State of January 16, 2009.
120 Annex 49. Charges of the 33rd Prosecutor of the Office of the Public Prosecutor of the Caracas Metropolitan area before the
Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area, November 5, 2001. Annex N of the brief of the State of
January 16, 2009.
121 Annex 49. Charges of the 33rd Prosecutor of the Office of the Public Prosecutor of the Caracas Metropolitan area before the
Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area, November 5, 2001. Annex N of the brief of the State of
January 16, 2009.
122 Event cited by the State in its brief of observations of October 22, 2014, pg. 40. Also see: Annex 50. El Universal. “Retrasado
el juicio a Carrera.” November 25, 2001. Annex “10 Notas periodísticas” of the brief from the petitioners, June 20, 2014.