on June 13, 2003,148 the proceedings were admitted to the oral and public stage on January
18, 2007, almost four years later;149 (b) during the processing of the appeal filed by the Public
Prosecution Service on July 19, 2007,150 the proceedings were suspended for at least seven
months due to the recusal of the president of the Appellate Court,151 and the final decision on
that remedy was finally adopted almost two years later, on April 1, 2009;152 (c) after the
remedy of cassation was filed, the processing lasted approximately two more years until the
decision of December 14, 2011;153 (d) Lastly, the new judicial proceedings concluding with an
acquittal on September 4, 2014154 and, as indicated in the order issued by the competent
court, it was not appealed by the Public Prosecution Service.155
119. The foregoing reveals that there were diverse periods of inactivity during the
investigations and proceedings that have not been justified by the Venezuelan authorities,
and that these caused an undue delay in the process. The State has not proved that it could
not have acted in another way that would have resulted in a more expeditious conduct of the
investigations and proceedings.
d) The effects on the legal situation of the person involved in the proceedings
120. Regarding the effects of the duration of the proceedings on the legal situation of the
persons involved, the Court considers that it has insufficient evidence to rule on this point.
Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folio 10 to 48).
148
149
Cf. Record of the oral, public and unipersonal trial (continuation) of the Fifth Trial Court of January 25, 2007
(evidence file, folios 860 a 866).
Cf. Appeal by the Ninth Prosecutor of the Judicial Circumscription of Aragua state of July 19, 2007 (evidence
file, folios 6480 and 6548).
150
151
Cf. Appellate Court of the Criminal Judicial Circuit of Aragua state. Recusal of Justice Fabiola Colmenarez of
April 29, 2008 (evidence file, folio 4431). During the process, there were eight recusals that suspended the
proceedings over the following periods: (a) the first period lasted one year and four months due to the recusal of
Justice Fabiola Colmenarez, followed by excuses from three substitutes between March 16, 2004, and March 10,
2005, the matter being resolved on July 26, 2005. Cf. Appellate Court of the Criminal Judicial Circuit of Aragua state.
Recusal of Justice Fabiola Colmenarez of March 16, 2004 (evidence file, folio 1010), and Appellate Court of the
Criminal Judicial Circuit of Aragua state. Recusal of the lawyer, Attaway Diego Marcano Ruiz of September 24, 2004
(evidence file, folio 1024). Puerto Cabello Criminal Trial Court. Recusal of Judge Anna María Del Giaccio Celli of March
9, 2005 (evidence file, folio 1032), and First Trial Court of the Criminal Judicial Circuit of Carabobo state. Recusal of
Judge Carina Zacchei Manganilla of March 10, 2005 (evidence file, folio 1034); (b) The decision on the appeal filed
by the Ninth Prosecutor of the Public Prosecution Service of Aragua state of July 19, 2007, was suspended for at
least seven months, Justice Fabiola Colmenarez once again disqualified herself from hearing case on April 29, 2008.
Cf. Appellate Court of the Criminal Judicial Circuit of Aragua state. Recusal of Justice Fabiola Colmenarez on April 29,
2008 (evidence file, folio 4431); (c) Finally, regarding the remedy of cassation of May 6, 2009, Justice Alejandro
Perrillo recused himself from hearing the remedy on June 16, 2010, and subsequently two substitutes recused
themselves, the first on June 23, 2010, and the second on December 3, 2010; as a result, the remedy of cassation
was decided two years later on December 14, 2011. Cf. Appellate Court of the Criminal Judicial Circuit of Aragua
state. Recusal of Justice Alejandro Jose Perrillo Silva of June 16, 2010 (evidence file, folio 4837); Appellate Court of
the Criminal Judicial Circuit of Aragua state. Recusal of Justice Iris Brito Rausseo of June 23, 2010 (evidence file,
folio 4848), and Trial Court of the Criminal Judicial Circuit of Carabobo state. Recusal of Judge Jalexi Sandoval de
Sánchez of December 3, 2010 (evidence file, folio 4890).
Cf. Judgment of the Appellate Court of the Criminal Judicial Circuit of Aragua state of April 1, 2009 (evidence
file, folios 6498 to 6511).
152
Cf. Decision of Contingent Chamber No. 66 of the Appellate Court of the Criminal Judicial Circuit of Aragua
state of December 14, 2011 (evidence file, folios 172 to 184).
153
Cf. Judgment of the First Criminal Trial Court of the Criminal Judicial Circuit of Aragua state, acting as the
Second Trial Court, of September 4, 2014 (evidence file, folios 6538 to 6582).
154
Cf. Order of the First Supervisory Trial Court of the Judicial Circuit of Aragua state, acting as the Second
Trial Court, of October 28, 2014 (evidence file, folio 6584).
155
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