18
b)
Witness proposed by the representatives
3.
Edgar López, justice reporter
He covered the 1999 natural disaster in Vargas State. All governmental security
forces were there. Upon hearing the news about widespread looting, security forces
made use of additional powers to maintain public order. He learned about the
existence of “criminal lists,” which were no more than information provided by the
neighbors themselves. That is how he learned about the case of Oscar José BlancoRomero. He got to know about extrajudicial executions, and even about the
possibility the bodies might have been thrown into the sea.
The reaction of several national authorities, including the President of Venezuela, to
the different reports and complaints concerning human rights violations was to
disqualify them.
a)
Expert witness proposed by the representatives
1.
Jorge Rossel Senhenn, attorney-at-law
On October 20, 2000, Venezuela criminalized forced disappearance, the statutory
definition of which, among others, prohibits justification on the grounds of there
being a state of emergency and classifies the crime as a continuing offense.
In cases of forced disappearance, those in charge of determining the outcome of
petitions for writs of habeas corpus limit themselves to accepting the information
contained in the official letter sent them by the agency that allegedly has the person
in custody. However, Courts should take the necessary action to find the person, and
receive the testimony of eyewitnesses. This does not occur in practice, for the usual
procedure consists in forwarding official letters to the agencies where the person
may be held in custody in order to make a decision on the basis of the information
received.
In Venezuela, there are cases of illegal arrests either because they have been made
in respect of persons that have not been caught in the act of committing an offense
or without a warrant. Venezuelan law provides for the punishment of officers who
violate the procedures laid down for the arrest and delivery of persons; that is, the
crime of illegal deprivation of liberty.
One suitable remedy to prevent forced disappearance of persons is the writ of
habeas corpus, which entails the search of the person in custody. If an action for a
writ of habeas corpus is instituted and the person is not found or there are no
elements indicating that such person is at a specific place, instead of closing the
case, an inquiry for forced disappearance should definitely be opened.
C) EVIDENCE ASSESSMENT