that a series of omissions, delays and procedural inactivity violated the State obligation
of due diligence, as well as the reasonable time for implementing those investigations
and proceedings. In this regard, the Court notes that, in the case of Igmar Landaeta, the
disputed facts have not been clarified and although, initially, one of the two accused was
convicted, his case was “dismissed” in November 2003. In the case of Eduardo Landaeta,
the Court notes that the criminal proceedings are currently at the stage of the oral trial,
17 years after the incident occurred. The Court also takes notes that the lines of
investigation into the two deaths were unconnected, despite the evidence of the
relationship between the deaths and that only 45 days separated them.
220. Based on the above, the Court must decide whether the State violated the rights
recognized in Articles 8(1) and 25(1) of the Convention, in relation to Article 1(1) of this
treaty. To this end, the Court will make its analysis by assessing: (a) the absence of
joint investigations into the deaths of the Landaeta Mejías brothers; (b) due diligence
and reasonable time in the case of Igmar Landaeta; (c) due diligence, and the absence
of investigations into the detention and presumed violation of humane treatment and
reasonable time in the case of Eduardo Landaeta.
B.1 Absence of joint investigations into the deaths of the Landaeta Mejías
brothers
221. The Court observes that the investigations into the deaths of Igmar and Eduardo
Landaeta were conducted separately and no connection was ever made between them.
In the chapter on proven facts, the Court noted that Igmar Landaeta died in November
1996 and his brother, Eduardo Landaeta, died 45 days later in December that year. The
Court observes that, on different occasions during the two criminal proceedings, María
Magdalena Mejías and Ignacio Landaeta, the parents of the Landaeta Mejías brothers,
stated that their sons had previously received threats from police agents, even just
before the death of Eduardo Landaeta. Also, in their statements, they mentioned the
names of three agents (GACF, AAC 257 and CJZM) (supra paras. 56 and 57) as the
presumed harassers, and the first two were implicated in and prosecuted for the death of
Igmar Landaeta.
222. Furthermore, these statements reveal that the CTPJ authorities were made aware
of the presumed harassment and threats in the first statement made by María
Magdalena Mejías on November 20, 1996, as this Court has already established (supra
para. 57). The assertions were confirmed in subsequent statements in April 1997 and
February 2004. Also, the evidence in the Court’s case file includes testimony indicating
that, following the shot that ended Igmar Landaeta’s life, a young woman who was in
the white vehicle told the individuals that “they had made a mistake”; that this was not
the person they were looking for (supra para. 62). Thus, prior to Eduardo Landaeta’s
death, the State already had evidence of the possible connection between the two
deaths, and did not initiate any inquiries to confirm this. In addition, the Court has
established that while Eduardo Landaeta was detained, his parents informed the
authorities not only about the threats against him, but also of the danger to his life
(supra paras. 70 and 187). Despite this, the authorities failed to take the necessary
measures to prevent his death; because, even though they had this information, there is
no record in the case file that the State considered lines of investigation that took the
family’s statements into account.
223. Owing to the death of Eduardo Landaeta, the Justice and Peace Human Rights
Committee of the State Aragua filed a request to open a preliminary inquiry into unlawful
conduct by a State agent (averiguación de nudo de hecho) before the Ninth Prosecutor
of the Public Prosecution Service on August 27, 1997. In this request, the Committee
257
The Court has been unable to identify AAC but, from the evidence provided, it infers that this refers to
AJCG (supra footnote 62).
58