114. Between January and December 2011, the court held 25 hearings to receive
evidence and the arguments of the parties. 143
115. On December 16, 2011, the Court delivered its judgment, in which it decided to
acquit the three accused. Consequently, on March 16, 2012, the prosecutor filed a
remedy of appeal against the first instance judgment, based on the failure to provide the
reasoning for it, and owing to flaws in some notifications. 144
116. On October 30, 2012, the Appellate Court decided to annul the appealed judgment
and to order that a new oral trial be held, considering that the First Instance Court had
dispensed with the statements of six persons opportunely proposed by the Public
Prosecution Service without the lower court judge giving any reasons for dispensing with
the said testimony. 145 The Court has no further and more up-to-date information in this
regard.
117. On February 28, 2013, Ignacio Landaeta filed a brief before the General
Inspectorate of Courts requesting the opening of a disciplinary administrative case
against the first instance judge Nelson Alexis García Morales. This request was admitted
on May 31, 2013, by the General Inspectorate of Courts; 146 however, the Court has no
information on the investigations conducted in this regard.
VII
MERITS
118. Based on the rights of the Convention that have been alleged in this case, the
Court will make the following analysis: (1) the rights to life and to humane treatment
with regard to Igmar Landaeta; (2) the rights to personal liberty, to life, to humane
treatment, and the rights of the child with regard to Eduardo Landaeta; (3) the rights to
141
Cf. Attestation of November 10, 2009, indicating that the hearing was not held because there was no
place to hold it (annexes to the answering brief, folio 8234); attestation of December 14, 2009, indicating that
the hearing was not held because the prosecutor failed to appear (annexes to the answering brief, folio 8247);
attestation of February 8, 2010, setting a new date for March 17, 2010 (annexes to the answering brief, folio
8262); attestation of March 19, 2010, indicating that the hearing was not held because there was no place to
hold it (annexes to the answering brief, folio 8273); attestation of March 29, 2010, indicating that the hearing
was not held, because the court was conducting other proceedings in the continuation of other trials (annexes
to the answering brief, folio 8275); attestation of June 17, 2010, indicating that the hearing was not held
because there was no place to hold it (annexes to the answering brief, folio 8298); attestation of July 16,
2010, indicating that the hearing was not held because the accused did not appear (annexes to the answering
brief, folio 8314); attestation of September 24, 2010, indicating that the hearing was not held because the
defense indicated that he was unwell (annexes to the answering brief, folio 8332); attestation of September
24, 2010, indicating that the hearing was not held owing to the number of continuations of trials to be held
that day (annexes to the answering brief, folio 8347); attestation of November 15, 2010, indicating that the
hearing was not held because the defense did not appeared (annexes to the answering brief, folio 8363), and
attestation of December 9, 2010, indicating that the hearing was not held because the defense did not
appeared (annexes to the answering brief, folio 8371).
142
Cf. Record of the First Instance Court on the opening of the oral public trial on January 31, 2011
(annexes to the answering brief, folio 8398).
143
Cf. Records of the oral public trial of January 31; February 10 and 21; March 10 and 25; April 7 and 26;
May 3, 17 and 31; June 16; July 8 and 25; August 4; September 27; October 4 and 17; November 1, 15 and
28, and December 9, 12, 15 and 16, 2011 (annexes to the answering brief, folios 8398, 8411, 8423, 8453,
8475, 8506, 8565, 8600, 8649, 8700, 8730, 8740, 8752, 8772, 8796, 8809, 8821, 8855, 8860, 8871, 8881,
8888, 8896 and 8911).
144
Cf. Judgment of the First Instance Court of December 16, 2011 (annexes to the answering brief, folios
8973 and 8974), and Remedy of appeal filed by the Prosecutor on March 16, 2012 (annexes to the answering
brief, folios 9042 to 9047).
145
Cf. Judgment of the Appellate Court of October 30, 2012 (merits file, folios 927, 930 and 931).
146
Cf. Communication of Ignacio Landaeta of February 28, 2013 (merits file, folio 937), and Note IGT N°
1607-13 of May 31, 2013 (merits file, folio 933).
29