1999.123 On December 11, 2001, the representative filed charges for a second private prosecution for the same crimes against Luis Carrera Almoina’s father and the other two individuals involved in the case on the escape.124 97. On November 28, 2001, the Office of the Public Prosecutor filed charges for the crimes indicated in this latter case. Also, after a number of postponements, the preliminary hearing was held on December 17, 2001, during which the Eighteenth Oversight Court fully admitted the charges brought by the Office of the Public Prosecutor It also partially admitted the charges in the private prosecution brought by the attorney of Linda Loaiza López, dismissing the related charges against the two employees of the Universidad Nacional Abierta.125 98. On January 2, 2002, the Eighteenth Oversight Court issued the order to proceed with the trial of: Luis Carrera Almoina for the crimes of attempted first-degree murder, rape, illegal deprivation of liberty, and the crime of impeding and obstructing the justice of a judicial proceeding through fraud; of Luis Carrera Almoina’s father for the crimes of impeding and obstructing the execution of a judicial action through fraud and the crime of misappropriation; and of one employee of the Universidad Nacional Abierta, for the crime of concealing an offense.126 The following January 10, the date to begin the oral and public trial was set as February 5, 2002.127 99. According to the information found in the case file, multiple postponements were later submitted prior to the oral trial hearing, for multiple reasons. One was the formation of a mixed tribunal with lay magistrates. Between February and August 2002, a number of failed attempts were made to select and form the aforementioned tribunal.128 On August 22, 2002, at the request of the defendant’s representation, the Thirtieth First Instance Trial Court admitted this request and scheduled the oral trial for October 14, 2002.129. 100. The trial hearing was later postponed to October 14 (at the request of the counsel of two of the defendants); November 8 (for the excused absence of the Prosecutor) and December 14, 2002 (time off for the Christmas holiday); February 3 (at the request of the attorney of Linda Loaiza López because of her health and the failure of the Prosecutor and Luis Carrera Almoina to attend, the latter of which “refused to come out of his cell”), March 17 (at the request of the attorney of Linda Loaiza López because of her health), May 6 (at the request of the Prosecutor), May 19 (at the request of Linda Loaiza López’s attorney because of her health); and June 2 (over a failure to transport Luis Carrera Almoina and the failure of Linda Loaiza López and her attorney to attend).130 On June 4, 2003, the Office of the Public Prosecutor again requested that the 123 Promulgated in the Official Gazette, special edition No. 5,507 of December 13, 2000. Annex 51. Brief of the private prosecution filed by Juan Bernardo Delgado before the Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area, November 19, 2001. Annex B of the brief from the petitioners, July 14, 2009. 124 Annex 52. Brief of the private prosecution filed by Juan Bernardo Delgado before the Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area, December 11, 2001. Annex C of the brief from the petitioners, July 14, 2009. 125 Actions cited by the State in its brief of observations of October 22, 2014, pg. 42; and Annex 53. Record of the preliminary hearing of December 17, 2001, before the Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area. Annex S to the State’s brief of January 16, 2009. 126 Annex 54. Order to proceed to trial in case 18-621-01. Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area. January 2, 2002. Annex S to the State’s brief of January 16, 2009. 127 Action cited by the State in its brief of observations of October 22, 2014, pg. 42. See: State’s observations of January 15, 2009, pgs. 19-21; and Annex 55. Constitutional Chamber of the Supreme Tribunal of Justice of July 19, 2004 Case File No. 04-0469. Annex “Folder No. 4, Supreme Tribunal of Justice” to the initial petition of November 12, 2007. 128 129 See: Observations of the State of October 22, 2014, pg. 44; 19-21; Annex 55. Decision of the Constitutional Chamber of the Supreme Tribunal of Justice of July 19, 2004. Case File No. 04-0469. Annex “Folder No. 4, Supreme Tribunal of Justice” to the initial petition of November 12, 2007. Annex 56. Decision of the Appellate Court. Interim Chamber No. 3 of the Caracas Metropolitan Area, acting as a constitutional court, January 26, 2004. Annex V to the State’s brief of January 16, 2009. 130 See: Observations of the State of January 15, 2009, pg. 22; Annex 55. Decision of the Constitutional Chamber of the Supreme Tribunal of Justice of July 19, 2004. Case File No. 04-0469. Annex “Folder No. 4, Supreme Tribunal of Justice” to the initial petition of [continues …]