104.
The Commission has documentary evidence on a number of postponements during the stage
prior to the oral hearing requested by judges assigned to the proceeding.140 Regarding this, a report issued
afterward by the National Assembly monitoring this proceeding found that during this proceeding, there was
a “high number of recusals and disqualifications of judges hearing the case, indicating serious irregularities in
the administration of justice in Venezuela […]”141 The IACHR highlights in this context that one of the
disqualifications submitted — in October 2003 — was based on the fact that the judge in question had
received an anonymous phone call in her office threatening to kill her and her children if she freed Luis
Carrera Almoina.142 This fact, among others, was reported by Linda Loaiza López’s attorney to the Office of
the Attorney General of the Republic as part of a potential “climate of violence” that sought to prevent the trial
hearing from being held.143
105.
In addition, on September 3 and 15, 2004, the attorney of Linda Loaiza López reported the
postponements that had been submitted during the proceeding, the delay in holding the trial hearing, the
multiple postponements submitted, and the requests for disqualification to the Office of the Ombudsman and
the General Inspectorate of Tribunals. He alleged that some of the disqualifications were submitted out of
order, after the counsel for the defendants applied for recusals that were not granted. He asked for an
investigation into this, detailing the actions of seven judges who had been assigned to the case and the more
than 30 courts that had been involved in the process in some way.144 With regard to this and the allegations to
the Office of the Ombudsman, there is no indication of the actions taken in 2004. The case file case that in
2006, Juan Bernardo Delgado responded to a request for more details from the General Inspectorate of
Tribunals.145 According to available information, on November 6 and 7, 2006, Linda Loaiza López and her
attorney received notifications indicating that a disciplinary proceeding was launched against one of the
140 See: Annex 65. Record of Disqualification,September 18, 2003. Caracas Metropolitan Area Criminal Judicial Circuit. First
Instance Criminal Trial Tribunal. Third Judge. Annex B from the State’s brief, January 16, 2009. Annex 66. Record of Inhibition of October
27, 2003. Tenth First Instance Criminal Trial Tribunal of the Caracas Metropolitan Area Judicial Circuit. Annex C of the brief of the State of
January 16, 2009; Annex 67. Record of Inhibition November 4, 2003. Fifteenth First Instance Criminal Trial Court of the Caracas
Metropolitan Area. Annex D of the brief of the State of January 16, 2009; Annex 68. Inhibition Record of May 10, 2004. Twentieth First
Instance Trial Tribunal of the Caracas Metropolitan Area. Annex F of the brief of the State of January 16, 2009; Annex 69. Record of
Inhibition of July 28, 2004. Twelfth First Instance Criminal Trial Tribunal of the Caracas Metropolitan Area. Annex G of the brief of the
State of January 16, 2009; Annex 70. Record of Inhibition of August 17, 2004. Twentieth First Instance Criminal Trial Tribunal of the
Caracas Metropolitan Area. Annex H of the brief of the State of January 16, 2009; Annex 71. Record of Inhibition of August 19, 2004. First
First-Instance Criminal Trial Tribunal of the Caracas Metropolitan Area. Annex I of the brief of the State of January 16, 2009. Also found in
the IACHR case file is a request for disqualification of the 40th and 74th Prosecutors of the Office of the Public Prosecutor of the Caracas
Metropolitan Area assigned to the proceeding from December 2003. See: Annex 72. Official Letter No. FMP-74º -AMC-1802-03 of
December 4, 2003, addressed to the Twentieth First Instance Criminal Trial Judge of the Caracas Metropolitan Area. Annex E of the brief
of the State of January 16, 2009.
141 Annex 44. Final report of the joint team of parliamentarians established to carry out the mandate of the Plenary of the
National Assembly of the agreement related to the court decision made in the case of citizen Linda López Soto. February 25, 2005, pg. 5.
Annex “Folder No. 5, Office of the Attorney General” to the initial petition of November 12, 2007. Among its other addenda supporting
this, the report contains a list of 44 judges who heard the Linda Loaiza López between August 2001 and July 2004.
142 According to the disqualification report, these facts were reported to the Scientific, Criminal, and Forensic Investigations
Unit. The IACHR does not have any additional information on the course taken by that investigation. See: Annex 66. Record of
Disqualification of October 27, 2003. Tenth First Instance Criminal Trial Tribunal of the Caracas Metropolitan Area Judicial Circuit. Annex
C of the brief of the State of January 16, 2009.
143 Annex 73. Request of Juan Bernardo Delgado in his capacity as the legal representative of Linda López to the Office of the
Attorney General of the Republic, stamped as received on October 28, 2003. Annex “Folder No. 1, Office of the Attorney General” to the
initial petition of November 12, 2007. Regarding this report, the case file includes communication of November 25, 2003, informing
Linda López that a prosecutor of the Office of the Public Prosecutor had been named to look into these facts. The IACHR does not have
information as to whether anymore steps were taken in this inquiry. See: Annex 74. Official Letter No. DDC-R-57888 of November 25,
2003, addressed to Linda López and signed by the Director of the Common Crimes division of the Office of the Attorney General of the
Republic, Ramón Alfredo Medina Martínez. Annex “Folder No. 5, National Assembly” to the initial petition of November 12, 2007.
144 See: Annex 75. Report filed by Juan Bernardo Delgado to the Office of the Ombudsman on September 3, 2004. Annex “Folder
No. 2, Office of the Ombudsman” to the initial petition of November 12, 2007. Annex 76. Report filed by Juan Bernardo Delgado to the
General Inspectorate of Tribunals on September 15, 2004. Annex “Folder No. 3, Inspectorate of Tribunals” to the initial petition of
November 12, 2007.
145 Annex 77. Brief of May 31, 2006, filed by Juan Bernardo Delgado as the representative of Linda López to the General
Inspectorate of Tribunals. Annex “07 Inspectoría Tribunales” of the brief from the petitioners, June 20, 2014.