B.3.3 Criminal proceedings and reasonable time with regard to the death of
Eduardo Landaeta
258. The Court observes that, in this case, the investigations commenced in December
1996, and were conducted under the Code of Criminal Procedure until the entry into
force of the new Organic Code of Criminal Procedure on July 1, 1999. In December 2011,
the three agents who had been charged were acquitted based on the absence of
sufficient evidence concerning their criminal responsibility. This decision was annulled by
the Appellate Court, which ordered that a new oral trial be held, and this is underway at
the present time, so that the proceedings have lasted more than 17 years.
Consequently, the Court will analyze the alleged existence of irregularities in the
procedures implemented during the investigations and the procedural delays throughout
the proceedings.
B.3.3.1 Procedures and irregularities during the criminal proceedings
259. The Court notes that, in January 2000, the Second Court of the Transitional
Regime received Eduardo Landaeta’s case file, owing to the entry into force of the new
procedural regime (supra para. 105). The investigations were reactivated in October
2003, following more than four and a half years of procedural inactivity. In this regard,
between January 2004 and 2008 a series of procedures that had initially been
implemented during 1997 and 1998 were carried out or supplemented. However, the
Court considers that there were some omissions during this stage of the investigation,
namely:
a) Prolonged lapses between the occurrence of the event and the performance or
expansion of certain expert appraisals, and delays in carrying out procedures
requested repeatedly by the prosecution, such as: the technical inspection of the
vehicle in which Eduardo Landaeta was transferred; 338 the request for information
on the weapons used by the agents who transferred him; 339 the ballistics
trajectory and the trajectory of the bullets in the body (requested by the
prosecutor on two occasions 340), and the photographs, the reconstruction of the
incident, and the topographic survey (requested by the prosecutor on two
occasions 341), which were not carried out until 2004, 2006 and 2008,
respectively;
b) Although the expansion of the autopsy report on May 25, 2006, 342 established the
possibility that a bullet had remained in Eduardo Landaeta’s body, the omissions
of the previous autopsy were not rectified (supra para. 256);
c) The exhumation of the corpse on August 9, 2006, 343 according to expert witness
Baraybar, was performed with “fundamental flaws” owing to the absence of a
338
Cf. Record of police technical inspection of April 16, 2004 (annexes to the answering brief, folio 7531).
339
The question of whether the weapon used by the police agents who transferred Eduardo Landaeta was
7.65 mm caliber was answered negatively.
340
Cf. Request of the prosecutor of the Transitory Procedural Regime of the state of Aragua of October 30,
2003 (annexes to the answering brief, folios 7347 and 7348), and Note No. 05-FT-MCM-2109-06 issued by the
prosecutor of the Transitory Procedural Regime of the state of Aragua of April 29, 2006 (annexes to the
answering brief, folio 7825).
341
Cf. Request of the prosecutor of the Transitory Procedural Regime of the state of Aragua of October 30,
2003 (annexes to the answering brief, folios 7347 and 7348), and Note No. 05-FT-0188-08 issued by the
prosecutor of the Transitory Procedural Regime of the state of Aragua of April 18, 2008 (annexes to the
answering brief, folios 8017 to 8021).
342
Cf. Requests to expand the autopsy report on the body of Eduardo Landaeta of May 22 and 25, 2006
(annexes to the answering brief, folios 7832 and 7833).
343
Cf. Record of the exhumation of the corpse of Eduardo Landaeta on September 28, 2006 (annexes to
the answering brief, folios 7910 to 7913).
72