xiii)
Request for general gynecological exam of Linda Loaiza López to the General Forensic
Medicine Division of the National Directorate of Criminal Investigations.103The IACHR does not have
information as to whether this evaluation was effectively performed and is not aware of its results.
86.
During the judicial process, it was established that blood samples were not taken from Luis
Carrera Almoina or Linda Loaiza López to compare them with the samples that had been collected, “and
neither was the semen studied to establish if it belonged to the defendant or to another individual [...].”104
According to the statement of the experts at the trial, this omission was due to the fact that these tests were
not requested when they should have been and because in the case of the genetic test, it was the
responsibility of another department that “at that time was not operating [but rather] was in the planning
stages.”105
2.
Actions related to the deprivation of liberty of Luis Carrera Almoina
87.
On August 22, 2001, the 33rd Prosecutor of the Office of the Public Prosecutor requested
that Luis Antonio Carrera Almoina be placed in preventative detention in connection with the alleged crimes
of hiding psychotropic or narcotic substances, as established in the Organic Law on Narcotic and Psychotropic
Substances in force at the time, and the crimes of rape and causing general personal injury, as established in
the Criminal Code in force at the time. 106 On the same date, the case file was assigned to the Eighteenth
Oversight Court, which set the date for the “arraignment hearing for the accused” as August 24.107
88.
On September 10, 2001, the arraignment hearing was carried out, attended by the
Prosecutor, Luis Carrera Almoina, and his defense attorney. The Office of the Public Prosecutor reiterated the
request for preventative detention and asked for authorization to transport the defendant for a toxicology
test.108
89.
At the conclusion of the hearing, the Eighteenth Oversight Court ruled to “preliminarily
assign criminal responsibility” to Luis Carrera Almoina for the crimes of serious bodily injury, rape, and illegal
possession of narcotics. With regard to deprivation of liberty, the Court took into account that not
“frequently” individuals charged with crimes of that “nature” appeared voluntarily for the trial proceedings,
for which reason it imposed the substitute precautionary measure of house arrest “under constant guard” of
103
Requested through Official Letter No. AMC-F33-955-2001, cited by the State in its brief of October 22, 2014, pg. 16.
104 Annex 4. Decision of the Twentieth First Instance Trial Tribunal of the Caracas Metropolitan Area. Case No. 20.-253.
November 5, 2004, pg. 315. Annex D of the brief from the petitioners, July 14, 2009.
105 See: Annex 4. Decision of the Twentieth First Instance Trial Tribunal of the Caracas Metropolitan Area. Case No. 20.-253.
November 5, 2004, pgs. 195-196, 201; Statement of expert Anerkys Mabel Nieto de Mayora from the Scientific, Criminal, and Forensic
Investigations Unit, pgs. 197-198. Annex D of the brief from the petitioners, July 14, 2009.
106 Annex 36. Request filed by the 33rd Prosecutor of the Office of the Public Prosecutor of the Caracas Metropolitan Area,
Capaya Rodríguez González, before the First Instance Oversight Court of the same judicial circuit August 22, 2001. Annex “Folder No. 2,
Office of the Ombudsman” to the initial petition of November 12, 2007.
107
Actions cited by the State in its brief of observations of October 22, 2014, pg. 32.
See: Annex 37. Decision of the Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area, September 10,
2001. Annex M from the State’s brief, January 16, 2009. Extracts from that decision are also cited in Annex 4. Decision of the Twentieth
First Instance Trial Tribunal of the Caracas Metropolitan Area. Case No. 20.-253. November 5, 2004, pgs. 15-17, 201. Annex D of the brief
from the petitioners, July 14, 2009. The IACHR notes that Luis Carrera Almoina stated during the hearing that he had met Linda Loaiza
López in a shopping center in Caracas on March 15, 2001; that she had told him that she was being forced to “work as a masseuse;” and
that she appeared in a newspaper advertisement together with her sister through which he could get “a contract” to see both of them
alone. He said that he called the number in the newspaper and made the payment “for services,” and starting at that moment they began
“a relationship as a couple” that lasted approximately four months He indicated that during that time, he had learned of her family
problems and took the opportunity to make a deposit for Linda Loaiza López’s father. He stated that she had written him a number of
letters telling him that he was “the best lover in the world.” He stated that he was afraid at the family problems she had because, among
other things, she “said that [her father was] an assassin in Colombia.” Luis Carrera Almoina held that the injuries she suffered had been
caused by someone else an in an unknown place.
108