criminal proceedings that were opened owing to his death. 242 It also stressed that, even
though the statements of the agents who were transferring Eduardo Landaeta and of the
eyewitnesses exonerated the agents in whose custody he was travelling, the prosecutor
had decided that their guilt or innocence should be proved in a trial. In addition, the
State indicated that, at the present time, criminal proceedings were still underway in
which the presumed criminal responsibility of the agents who transferred Eduardo
Landaeta would be elucidated because, although the police version of the events is that
the vehicle in which Eduardo Landaeta was being transferred was intercepted by armed
and hooded individuals and it was the latter who killed the minor Landaeta, the police
agents could be connected to his death. 243 In this regard, the State indicated that, on
April 4, 2014, a new oral trial had begun, after the appeal filed by the Fifteenth
Prosecutor to refer the case back to the stage of a new oral trial had been declared
admissible.
213. In relation to the reasonable time in both cases, the State argued that “[i]t was
problems related to the Transitory Procedural Regime in Venezuela that had caused the
judicial delay in the case of the Landaeta brothers. The Venezuelan State has explained
the Transitory Procedural Regime that was established in the country to the Judges of
the Court in the cases of the Barrios Family and Néstor Luis Uzcátegui decided by the
Inter-American Court.” The State also indicated that “it only admits as certain in both
trials regarding the Landaeta brothers, that there was a judicial delay in the
investigations caused by the new Code of Criminal Procedure […].” Accordingly, the
State concluded that it was not responsible for the violation of the rights of the Landaeta
brothers and asked the Court to reject the claims of the representatives and of the
Commission.
B. Considerations of the Court
214. The Court has established in its consistent case law that the positive measures that
a State must adopt in order to ensure the rights recognized in the Convention include
the obligation to investigate human rights violations. Compliance with this obligations
consists not only in preventing violations, but also in investigating the violation of rights
recognized in this instrument, as well as endeavoring, if possible, to restore the right
that has been violated and to make reparation, as appropriate, for the harm caused by
the violation of human rights. 244
215. The Court has indicated that States are obliged to provide effective judicial
remedies to the victims of human rights violations (Article 25), which must be
implemented in accordance with the rules of due process of law (Article 8(1)), all within
the general obligation of the States to ensure to all persons subject to their jurisdiction
the free and full exercise of the right recognized in the Convention (Article 1(1)). 245
216. The obligation to investigate means that, when the State authorities become aware
of an incident, they should open, ex officio and immediately, a serious, impartial and
effective investigation by all available legal means aimed at determining the truth and at
242
The main procedures described by the State in its answering brief included interviews with witnesses
and the police agents who were carrying out the transfer, the autopsy, the analysis of the gunpowder residue
on the police agents, inspections of the scene of the crime and the body, forensic and hematological tests,
topographic survey, and ballistics trajectory, and reconstruction of the incident.
243
The State clarified that the failure to make an official inspection of the vehicle that was transferring
Eduardo Landaeta was due to the fact that it was a police intelligence unit that, at the time of the events, was
operating incognito in the strategic fight against crime.
244
Cf. Case of Velásquez Rodríguez. Merits, supra, paras. 166 and 176, and Case of Veliz Franco et al. v.
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of May 19, 2014. Series C No.
277, para. 183.
245
Cf. Case of Velásquez Rodríguez. Preliminary objections, supra, para. 91, and Case of Gutiérrez and
family members supra, para. 97.
56