police officials. The Court also ordered that the corresponding transportation measures be taken to perform
the toxicology test.109
90.
This decision was appealed by both the Public Prosecutor and the defense of the accused. On
October 11, 2001, Appellate Court No. 9 of the Caracas Metropolitan Area ruled in favor of the challenge filed
by the Public Prosecutor and ordered the accused placed in preventative detention and transported to the El
Rodeo I Judicial Jail. 110 On October 30, 2001, Linda Loaiza López’s attorney complained to the Office of the
Ombudsman that the order issued by the Appellate Court had not been complied with and asked it to
intercede. He also reported that Linda Loaiza López “feared for her personal integrity, as she [had] received a
series of phone calls threatening her life.”111
91.
The case file indicates that on November 2, 2001, the Eighteenth Oversight Court once again
ordered home arrest for the accused as a precautionary measure in lieu of prison.112 On November 6, 2001,
the same court reversed this measure and ordered preventative judicial deprivation of liberty and charge the
Municipal Police of Chacao with transporting him to the penitentiary.113 The IACHR learned that on
November 7, 2001, the Judicial System Operational and Restructuring Commission (CFRSJ) ruled to apply the
precautionary measure of a 60-day suspension to judicial official of the Eighteenth Oversight Court “due to
the serious allegations brought against him.”114 The dispute between the parties on the purpose of this
procedure is addressed in the position of the parties. The IACHR does not have additional information on its
outcome.
92.
That same day, November 6, Luis Carrera Almoina was transferred from the place where he
had been placed under house arrest. This was confirmed by the Eighteenth Oversight Judge, who was
present.115 According to the police records of the Technical Unit of the Judicial Police, the officers guarding the
place “had been instructed not to enter the building,” and Luis Carrera Almoina had left in a Universidad
Nacional Abierta SUV in the company of his father, and his chauffeur, an employee of the same university.
Later, Luis Carrera Almoina and his father boarded the vehicle of another person who was also an employee
of the University. He was captured in the early morning hours of the following day in another location in the
city of Caracas.116
109 Annex 37. Ruling of the Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area, September 10, 2001,
pgs. 7-8. Annex M from the State’s brief, January 16, 2009.
110 Annex 38. Decision of the Appellate Court of the Caracas Metropolitan Area. Chamber No. 9. October 9, 2001. Case No. 089301. Annex “Folder No. 2, Office of the Ombudsman” to the initial petition of November 12, 2007.
111 See: Annex 39. Hearing form. Case No. E-11684-01. Office of the Ombudsman. Annex “Folder No. 2, Office of the
Ombudsman” to the initial petition of November 12, 2007; and Annex 40. Communication of November 5, 2011, of the Director of
Investigations of the General Directorate of Citizen Response of the Office of the Ombudsman. Case No. 44684-01. Annex “Folder No. 2,
Office of the Ombudsman” to the initial petition of November 12, 2007.
112 Annex 41. Official Letter No. 1977 of the Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area,
addressed to the Director of the El Rodeo I Judicial Prison, November 2, 2001. Annex “Folder No. 2, Office of the Ombudsman” to the
initial petition of November 12, 2007.
113 Annex 42. Ruling of the Eighteenth First Instance Oversight Court of the Caracas Metropolitan Area. Official Letter No. 1992
of November 6, 2001, addressed to the Director of the Autonomous Institution of the Police of Chacao. Annex P from the State’s brief,
January 16, 2009.
114 Annex 43. Resolution of the Judicial System Operational and Restructuring Commission of November 7, 2001. Annex Q to
the State’s brief of January 16, 2009.
115 See: Annex 44. Final report of the joint team of parliamentarians established to carry out the mandate of the Plenary of the
National Assembly of the agreement related to the court decision made in the case of citizen Linda López Soto. February 25, 2005, pgs.
14-15. Annex “Folder No. 5, National Assembly” to the initial petition of November 12, 2007.
116 Annex 45. Police reports of November 6, 2001. National Directorate of Criminal Investigations. Technical Body of the
Judicial Police. Chacao Police Station. Annex Ñ of the brief of the State of January 16, 2009.