23
Judicial Circuit for Vargas State). The Sala Constitucional del Tribunal Supremo de
Justicia (Constitucional Chamber of the Supreme Court of Justice) dismissed the
action for review on January 24, 2002 on the grounds that the habeas corpus was
not the “effective means to locate, as it is necessary to do, a person who has[,]
allegedly[,] illegally or illegitimately disappeared.”
51.11 On September 14, 2001, Oswaldo José Domínguez-Florido, Thirtieth
Prosecutor for the Attorney General’s Office with Full Nationwide Jurisdiction, and
Irma Pazos de Fuenmayor and Raquel del Rocío Gasperi-Arellano, Forty-fifth and
Seventy-fourth prosecutors, respectively, for the Attorney General’s Office of the
Metropolitan Area of Caracas filed a complaint with the Juez de Primera Instancia en
Funciones de Control de la Circunscripción Judicial Penal del Estado Vargas (Control
Court of First Instance of the Criminal Judicial Circuit for Vargas State) against
Messrs. Casimiro José Yanes and Justiniano de Jesús Martínez-Carreño, DISIP
officers, for the forced disappearance of persons, to the detriment of Messrs. Oscar
José Blanco-Romero and Marco Antonio Monasterio-Pérez.
51.12 On September 6, 2002 the Juzgado Quinto de Primera Instancia (Fifth Court
of First Instance), among other things, dismissed the action against Messrs. Casimiro
José Yanes and Justiniano de Jesús Martínez-Carreño. In its decision, the Juzgado
Quinto (Fifth Court) ruled that the evidence of the lineup identification performed
during the investigation was inadmissible because it had been conducted in violation
of the right to a fair trial of the accused. In addition, the Court dismissed the
complaint because of formal defects, allowing the prosecutors to file an amended
complaint, curing said defects, for the dismissal was without prejudice.
51.13 On September 12 and 13, 2002 respectively, the Thirtieth Prosecutor for the
Attorney General’s Office with Full National Jurisdiction, and the Forty-fifth and
Seventy-fourth prosecutors for the Attorney General’s Office of the Metropolitan Area
of Caracas, as well as the representatives of the victims appealed the dismissal by
the Tribunal Quinto de Primera Instancia (Fifth Court of First Instance). On October
17, 2002, the Corte de Apelaciones del Circuito Judicial Penal de la Circunscripción
Judicial del Estado Vargas (Court of Appeals of the Criminal Judicial Circuit of the
Judicial District for Vargas State) “[d]ismissed the action for review […] as regards
the dismissal of the complaint filed by the prosecution” and [r]everse[d] the decision
by the Juzgado Quinto (Fifth Court)[,…] declaring the lineup identification procedures
null and void.”
51.14 On February 25, 2003, the Thirtieth Prosecutor for the Attorney General’s
Office with Full National Jurisdiction filed an amparo (remedy for the protection of
constitutional rights) with the Sala Constitucional del Tribunal Supremo de Justicia
(Constitutional Chamber of the Supreme Court of Justice) against the decisions
handed down by the Juzgado Quinto de Primera Instancia (Fifth Court of First
Instance) and the Corte de Apelaciones (Court of Appeals). The representatives of
the victim and of his next of kin filed a petition on February 26, 2003 for a joinder to
such action. On February 11, 2004, the Sala Constitucional (Constitutional Chamber)
dismissed the amparo (remedy for the protection of constitutional rights).
51.15 On May 11, 2004, the Thirtieth Prosecutor for the Attorney General’s Office
with Full National Jurisdiction, and the Forty-fifth and Seventy-fourth prosecutors for
the Attorney General’s Office of the Metropolitan Area of Caracas filed a complaint
against Messrs. Casimiro José Yánez and Justiniano de Jesús Martínez-Carreño,
charging them as a perpetrator and as an accessory, respectively, with the crime of