92
to which employees and reporters of Globovisión would have been subjected since the year
2001 and also, they requested information on the progress of the investigations into the
facts previously mentioned316.
329. In turn, on January 26, 2005 the Director of Common Crimes agreed to assign the
50º Plenipotentiary Public Prosecutor’s Office "in order for such office to hear and decide on
the cases related to the different media, [among them] Globovisión”317. On March 12, 2005,
more than three years after the opening of the investigation, as has been mentioned, the
50º Public Prosecutor ordered “to organize the entire proceedings received”318 . In such
regard, there is no evidence that the Attorney General’s Office has carried out any
procedural activity between April 2002- when some interviews were conducted- and January
2005, of which the State provided no explanation whatsoever. By June 2008, the hearing of
said case would have been assigned to the 30º Plenipotentiary Public Prosecutor’s Office,
according to information provided by the State. As a consequence, this case was
successively assigned to different public prosecutor’s offices.
330. It does not spring from the facts the justification or reasons of the number and
frequency of the changes made as to the authority in charge of the inquiry. The State did
not make any justification either. There is nothing on records that suggests those changes
were necessary; besides, it is not clear that they constituted an improvement in the
development and effectiveness of the investigations.
C.ii.2 Procedural delay of the Attorney General’s Office
331. The representatives asserted that the conduct of the Attorney General’s Office was
negligent in the course of the criminal proceedings regarding the complaints lodged. They
argued that the alleged victims not only requested investigative measures, but also
furnished the available items of evidence. They further alleged that, in most of the cases,
the Attorney General's Office failed to conduct the investigations or abandoned them after
carrying out the first proceedings; therefore, in order to determine that this unsuccessful
result has not been the product of a mechanic application of certain procedural formalities
considering that the State also failed to effectively look for the truth, the State, then, has to
demonstrate it has carried out a prompt, exhaustive, serious and impartial investigation.
332. The State asserted that it has enabled the entire judicial mechanism in order to
conduct the corresponding investigations and, if applicable, to establish the appropriate
responsibilities that may correspond by law to the Attorney General’s Office to try and
investigate in each of the cases, as well as in those cases where the Attorney General’s
Office must conduct the corresponding investigations at the request of the aggrieved party.
333. As to the term of length of the preliminary or investigative phase in Venezuela,
section 313 of the COPP provides that "the Attorney General’s Office shall try to comply with
such term with the diligence the case so requires. After six months as of identification of
the accused, the accused may require the investigation judge the determination of a
prudential time, of no less than thirty days and no more than a hundred and twenty days,
for the conclusion of the investigation".
316
Cf. Brief lodged with the 68º Public Prosecutor’s Office of the Judicial District of Caracas Metropolitan Area
of October 26, 2004 (records of evidence, volume V, pages 1671-1749).
317
Cf. Official letter Nº DDC-R-7717 sent to the 50° Plenipotentiary Public Prosecutor’s Office on January 26,
2005 (records of evidence, volume XXX, page 7677; volume XXXII, pages 8184, 8261 and 8386).
318
Cf. Record of the 50° Plenipotentiary Public Prosecutor Attorney of March 12, 2005 (records of evidence,
volume XXX, page 7678; volume XXXII, pages 8185, 8262 and 8387).
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