26
131.
On April 20, 1999, in response to summonses, Yuribet del Valle Rujano Castro and
152
Virginia Hernández de Duarte appeared before the Municipal Court and gave their versions.
132.
On September 23, 1999, the Municipal Court decided to refer the case to the Second
Transitional Court of Aragua State Judicial Circuit (hereinafter “the Second Transitional Court”), given the
entry into force of the Organic Code of Criminal Procedure [Código Orgánico Procesal Penal] (hereinafter
153
“the COPP”).
iii.
Investigation by the Prosecutor's Office of the Office of the Attorney General for
the Transitional Criminal Procedure Regime under the Organic Code of Criminal
Procedure
133.
According to the copy of the record presented to the IACHR, between September 23,
1999 and July 9, 2003, there were no investigative procedures in the proceeding.
134.
On July 9, 2003, the Transitional Prosecutor's Office requested the Cuerpo de
Investigaciones Científicas, Penales y Criminalísticas [criminal investigation police] (hereinafter “the
CICPC”) to draw up a “plan of work and criminalistic technical advisory services in connection with this
154
case.”
135.
On October 30, 2003, the Transitional Prosecutors Office determined that “before issuing
any final decision, investigative procedures must be carried out in order to clarify the acts in full and
identify the person or persons who committed them.” Therefore, it ordered the CICPC to conduct the
following procedures: i) an interview of Yuribet del Valle Rujano Castro; ii) an interview of Virginia de
155
Duarte; iii) a planimetric study of the scene; and, iv) a ballistic trajectory analysis.
On November 21,
2003, the Transitional Prosecutor’s Office requested the CICPC to provide the results of the above156
ordered procedures as a matter of urgency.
On December 17, 2003, a police record was drawn up
157
stating that the whereabouts of Yuribet del Valle Rujano Castro were unknown.
On December 18,
2003, Virginia Hernández appeared at the CICPC and reiterated what she had said on previous
158
occasions.
136.
On December 30, 2003, Ignacio Landaeta Muñoz requested the FGR to recuse the
transitional prosecutor, Gladys Ramos, based on the amount of time that the case had remained
paralyzed in her office without any investigative procedures being performed. Mr. Landaeta also based
this request on the fact that the same prosecutor had told him in an interview that one of the implicated
officers had worked with her, providing her security, but that that would not influence her decisions. He
said in this request that, on another occasion, the above prosecutor told him that the case was “perfect,”
that the “officers had acted properly” and that there was nothing to look for in the case. He added that the
152
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 206 and 207 (Appendix 2 to the petitioners’ brief
with observations on merits of July 18, 2007).
153
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 208. (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
154
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 213. (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
155
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 215 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
156
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 217 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
157
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 218 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
158
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 220 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).