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whereabouts, suffered a severe depression, characterized by significant changes in
some of her body’s basic functions, loss of interest in daily activities and
interpersonal relations, feelings of guilt and extreme anger, and incapability to
concentrate and make decisions. She has not been able to go through with her
mourning appropriately.
In all the cases under study, the effects observed in all family members were
extreme pain, impotence, defenselessness, anger, fear, and distrust. All of them
showed they felt unprotected and vulnerable, resulting from the evidence that the
individuals and institutions with the social function of protecting were precisely the
ones that became victimizers.
The life projects of the victim’s next of kin have been severely impaired, for which
reason is necessary to have the cases judicially elucidated, as well as those
responsible punished, for the family to start healing and overcoming their mourning
process.
2.
Jesús María Casal-Hernández, attorney at law
The expert witness referred to the evolution of habeas corpus in the Constitution of
Venezuela, as well as its scope of application and characteristics, the parameters of
which are established in the Ley Orgánica de Amparo sobre Derechos y Garantías
Constitucionales (Amparo (remedy for the protection of constitutional rights) of
Constitutional Rights and Guarantees Act) of 1988, which includes a specific title
dealing with the “amparo (remedy for the protection of constitutional rights) of
personal liberty and security.” This Act clearly establishes the object guaranteed by
this special remedy: the right to personal liberty and security.
Venezuelan legislation establishes that habeas corpus entails the obligation to
immediately place the detainees under the custody of a competent Court, whereby it
is assumed that they will be taken before judicial authorities. This requirement
derives from International Law on Human Rights, which includes Advisory Opinion
Number Eight the Inter-American Court addressing the application of said remedy in
emergency situations, and in which the importance of habeas corpus as a useful
instrument for judicial verification of a detainee’s condition by bringing him or her
before a judge is deemed essential.
The crime of forced disappearance of persons is not more than an aggravated or
prolonged deprivation of liberty, in which it is not possible to obtain official
information about the whereabouts of the affected person. Cases of disappearance
are not clearly covered by the legislation in force, but they may be disposed of by
means of an appropriate constitutional construction, as it has been done by the
Constitutional Chamber of the Supreme Court of Justice.
In this case, the Courts should have granted habeas corpus with respect to all the
persons who had been subject to forced disappearance, should have conducted an
investigation to find out the whereabouts of the affected individuals, so as to order
the detainees to be immediately brought before the Court, to be examined
physically, and should have ordered their release and any other pertinent action. By
rejecting said legal remedy straight away, the effective and timely protection,
provided for by the Constitution, was denied.