25
Appeals of the Criminal Judicial Circuit of the Judicial District for Vargas State)
against the decision rendered by the Tribunal Segundo de Control (Second Control
Court) on the habeas corpus petition. On February 4, 2000, the Corte de Apelaciones
(Court of Appeals) affirmed said decision.
51.22 On October 6, 2000, the Attorney General’s Office had Mr. Carlos Paz
subpoenaed in order to testify as a witness, but did not provide for a lineup of DISIP
officers, for purposes of identification by the aforesaid witness.
51.23 On May 17, 2004, the Seventy-fourth Prosecutor for the Attorney General’s
Office of the Metropolitan Area of Caracas “ordered to close” the criminal inquiry into
the disappearance of Mr. Roberto Javier Hernández-Paz on the grounds that “the
elements on the records […] only provide[d] information regarding participation of
DISIP officers [...],” but the investigation “did not reveal any information that may
contribute [to] the identification of the perpetrator(s)[;] in that regard[,] additional
facts or elements are required to be able to identify them[,] as well as to prove their
participation in the [...] forced disappearance.” That same day, the aforesaid
prosecutor notified the aforementioned decision to Mr. Carlos Paz.
d)
Regarding Mr. José Francisco Rivas-Fernández
i) Arrest and disappearance
51.24 On December 21, 1999, Mr. José Francisco Rivas-Fernández, of 24 years of
age, was at an office of the “Acción Democrática” (Democratic Action) political party,
located in Caraballeda, Vargas State, which was being used as a shelter for the
families affected by the floods, such as that of Mr. José Francisco Rivas-Fernández.
On that date, at approximately 7.30 pm, a curfew was imposed and the members of
the Infantry Battalion “Colonel Antonio Nicolás Briceño” stationed in the area fired
shots into the air.
51.25 The soldiers of said Infantry Battalion saw Mr. José Francisco RivasFernández, who was sitting outside the referred office, and proceeded to arrest and
beat him, while a sergeant instructed them to kill him, as he was allegedly a
“criminal.” The parents of Mr. José Francisco Rivas-Fernández tried to help their son
and stop the soldiers from beating him, but they threw him to the floor, handcuffed
him and took off his shoes. Despite the intervention of Mr. José Francisco RivasFernández’s parents, he was taken by a military detachment to an area called
“Quebrada Seca” and was severely beaten on the way.
51.26 On December 22, 1999, Mr. José Francisco Rivas-Fernández’s parents began
the search for their son, walking through the mud and among the dead bodies of
people and animals. Initially, they addressed a Sergeant, whose last name was
Rondón, to ask him about their son’s whereabouts and situation. However, said
officer informed them that Mr. José Francisco Rivas-Fernández had been turned over
to DISIP officers. The next of kin of Mr. José Francisco Rivas-Fernández continued
searching for him, but they were unable to obtain any information about what had
happened to him in any of the military and DISIP units they visited. Since that date,
the whereabouts of Mr. José Francisco Rivas-Fernández have remained unknown.
ii) Domestic proceedings