202. In conclusion, although it does not have evidence to establish the State’s
responsibility for the violation of Article 5(2) of the Convention, based on the injuries
found on Eduardo Landaeta’s body, the Court observes that the State has not provided
an explanation of their origin. Furthermore, based on the evidence and the denunciation
of possible acts that constitute violations of humane treatment, the State did not
conduct any investigation to clarify the facts and, as appropriate, establish the
responsibility of those involved. 239
203. In addition, the Court finds that the situation of arbitrary and unlawful deprivation
of liberty of Eduardo Landaeta in the absence of judicial control, added to the situation of
danger that the authorities were made aware of, as well as the death of his brother at
the hands of agents of the same police unit, facts that gave rise to suffering and anguish
and also resulted in his death, and taking into account his condition as a minor, all reveal
that the State failed to guarantee and respect the right to mental and moral integrity, 240
recognized in Article 5(1) of the American Convention, in relation to Article 19 of the
same instrument, to the detriment of Eduardo Landaeta.
B.4 Conclusion with regard to Eduardo José Landaeta Mejías
204. Based on the foregoing, the Court finds the State of Venezuela responsible for the
violation of paragraphs 1 to 5 of Article 7 and Articles 4 and 5(1) of the Convention, in
relation to Articles 1(1) and 19 of this instrument, to the detriment of Eduardo Landaeta.
VII-3
RIGHTS TO JUDICIAL GUARANTEES AND TO JUDICIAL PROTECTION WITH
REGARD TO IGMAR ALEXANDER AND EDUARDO JOSÉ LANDAETA MEJÍAS
A. Arguments of the parties and of the Commission
205. The Commission indicated that the State of Venezuela failed to comply with the
obligation to conduct a diligent investigation within a reasonable time into the death of
Igmar, and in relation to the detention, violation of personal integrity and death of
Eduardo, both surnamed Landaeta Mejías. It also concluded that the State had failed to
comply with the obligation to provide judicial guarantees and judicial protection because
the investigations were conducted in isolation and separately without examining the
possible connection and interrelationship between the deaths of the two brothers,
despite the existence of threats against them, and because it did not consider whether
the deaths were inserted in the pattern of extrajudicial executions that existed at the
time of the events, which constituted an additional factor of impunity in the two cases.
Consequently, the Commission concluded that the State had not provided the next of kin
of the Landaeta Mejías brothers with an effective judicial remedy to establish the truth of
the events, the punishment of both perpetrators and masterminds, and adequate
reparation. It therefore established that the State of Venezuela had violated the rights to
judicial guarantees and to judicial protection established in Articles 8 and 25 of the
American Convention in relation to Article 1(1) of the same instrument, to the detriment
of the next of kin of the Landaeta brothers.
206. Regarding Igmar Landaeta, the Commission indicated that the investigations and
the criminal proceedings were not conducted diligently or within a reasonable time,
owing to a series of omissions, in particular: (a) several periods of inactivity in the
239
Cf. United Nations. Manual on the Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (hereinafter “Istanbul Protocol”), paras. 78 and 79.
240
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 163, and
Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala. Merits, reparations and costs. Judgment of
November 20, 2012. Series C No. 253, para. 204.
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