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methods and the status of military judges should be modified to ensure their
independence. It is likewise necessary to assign all military prosecutors to
the Public Prosecutor’s Office and to establish that they are subordinate to the
Attorney General of the Republic. The powers of the President of the Republic
in connection with commencement or continuation of investigations or
proceedings regarding crimes that go beyond the scope of military discipline
should also be suppressed.
The National Police is divided into the Technical Corps of the Judiciary Police
(now called the Scientific, Penal and Criminalistic Investigations Corps) and
the Directorate of Intelligence and Prevention Services (DISIP). The former is
in charge of aiding the Public Prosecutor’s Office and the courts in their
investigative and criminal prosecution functions, and it is subordinate to the
Executive. The latter is a political intelligence corps that investigates persons
who are considered subversive or dangerous to the government, often
applying unconstitutional measures. It is also not very transparent in its
organization, methods, and resources. In the metropolitan area of Caracas
there was also the Metropolitan Police, headed by an active military officer.
The National Guard acted as military support to maintenance of public order.
Sporadically, the Metropolitan Police has organized courses on human rights
for its staff, and the National Armed Forces and the Public Prosecutor’s Office
have a human rights office. However, there is no systematic design of
training plans for police staff regarding human rights. This explains the
mistaken view that both the armed forces and even the judges and
prosecutors of the Public Prosecutor’s Office had regarding the effects of
suspension of guarantees.
The expert witness also believes that the Scientific, Penal and Criminalistic
Investigations Corps should be subordinated, both organically and
functionally, to the Public Prosecutor’s Office, and that there should be a
general separation between police and military corps.
The Forensic Medicine Service was subordinate to the Ministry of Justice. Its
technical and human resources were scarce.
Said situation remains
unaltered. These shortcomings led to a collapse of the Caracas morgue in
face of the volume of bodies transferred during the days of the events by the
police and military forces. Lack of independence of the service led to the
necessary precautions not being taken to subsequently identify the bodies,
and also to responsibilities not being established.
The expert witness
therefore proposes that the Forensic Medicine Service be constituted as an
autonomous institute ascribed to the Public Prosecutor’s Office and that it be
assigned the resources required to perform its functions. The expert witness
deems that minimum rules should be established to ensure common training
of all police officials in the area of human rights and to ensure a disciplinary
control mechanism within each police corps.
Even though the 1999 Constitution sets forth the duty of the State to
comprehensively redress human rights violations, there are no legal
procedures to ensure such reparations to the victims or their assignees. It is
possible to file a complaint regarding patrimonial responsibility of the
Administration for pecuniary and non-pecuniary damage attributable to it, but
a causal relation must be proven and, under certain assumptions, evidence of