34
Eduardo José Landaeta was exhumed.
this investigation.
232
The Commission does not have up-to-date information about
174.
The Landaeta family, through Ignacio Landaeta Muñoz, has been consistently active in
this process. This participation has consisted, inter alia, of requests for celerity, expressions of suffering
and uncertainty, requests for the case file to be located, recusals, and requests regarding the
233
exhumation. Mr. Landaeta Muñoz has requested investigative procedures to be carried out on multiple
234
occasions.
175.
The latest information available regarding this investigation was provided by the State in
a brief dated November 25, 2009. The IACHR does not have documentation in this regard. The State’s
narrative indicates that the Public Prosecutor’s Office filed a “formal indictment” and that a preliminary
hearing was conducted on April 6, 2009 in the Fourth Control Court of the Aragua State Criminal Judicial
Circuit. During that hearing, the court admitted the indictment against Carlos Andrés Requena Mendoza,
Freddy Antonio Blanco Pérez, and Carlos Alexander Rojas Alvarado as accomplices in the crime of
aggravated homicide. The IACHR’s latest information indicates that the case is pending formation of the
single-judge court to conduct the oral and public trial.
V.
ANALYSIS OF LAW
176.
Bearing in mind the sequence and nature of the facts that have been recognized as
established, the Commission will analyze their interrelationship and legal consequences under the
American Convention, in the following order: i) preliminary question regarding the interrelationship of the
deaths of the Landaeta Mejías brothers; ii) the rights to life and humane treatment with respect to the
events surrounding the death of Igmar Alexander Landaeta Mejías; iii) the right to personal liberty and the
duty to provide special protection for children with respect to the events surrounding the arrest and
transfers of Eduardo José Landaeta Mejías; iv) the right to humane treatment and the duty to provide
special protection for children with respect to what Eduardo José Landaeta Mejías experienced while in
State custody; v) the right to life and the duty to provide special protection for children with respect to the
events surrounding the death of Eduardo José Landaeta Mejías; vi) the right to humane treatment with
respect to the relatives of the Landaeta Mejías brothers; and vii) the right to a fair trial and to judicial
protection with respect to the investigations and proceedings initiated due to the deaths of the Landaeta
Mejías brothers.
A.
Preliminary question regarding the interrelationship of the deaths of the Landaeta
Mejías brothers
177.
Before proceeding with the analysis of specific rights, the Commission considers it
relevant to establish that there are various factors that allow for the inference that the deaths of the two
brothers are connected.
178.
First, the Commission recognized as proven that both Mr. Ignacio Landaeta Muñoz and
Mrs. María Magdalena Mejías, the brothers’ parents, made reference on repeated occasions during the
judicial proceeding, and even in the period between the deaths of Igmar Alexander and Eduardo José,
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Appendix 9. Exhibit 5. Domestic proceeding. E-782046. Request, processing, and results of the exhumation of
Eduardo Landaeta. page 67. (Handwritten) (Appendix 3 to the petitioners’ brief with observations on merits of July 18, 2007).
233
Appendix 8. Official letters addressed to various authorities by Ignacio Landaeta Muñoz (Appendix 1. D to the
petitioners’ brief with observations on merits of July 18, 2007); Appendix 9. Exhibit 2. Domestic proceeding. Case 4C-4822/04,
pages 385-387 (Appendix 2 to the petitioners’ brief with observations on merits of July 18, 2007); Appendix 9. Exhibit 3. Domestic
proceeding. Case 4C-4822/04, pages 46-55 (Appendix 2 to the petitioners’ brief with observations on merits of July 18, 2007).
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Appendix 8. Official letters addressed to various authorities by Ignacio Landaeta Muñoz (Appendix 1. D to the
petitioners’ brief with observations on merits of July 18, 2007).