hearing be postponed “until the victim is able (based on medical reports) to appear and give her
corresponding testimony.”131
101.
According to the case file, on June 6, 2003, the Thirtieth First Instance Trial Court dismissed
the charges brought in the private prosecution because of “repeated failure to attend” the trial hearing.132 The
attorney of Linda Loaiza López filed a request for reconsideration based on the fact that the failure to appear
was for health reasons.133 The request for reconsideration was rejected,134 in response to which on October
23, 2003, Linda Loaiza López sought a writ of constitutional protection (amparo). After rejection in first
instance, the Constitutional Chamber of the Supreme Tribunal of Justice granted the writ “due to violations of
constitutional rights and guarantees,” returning her to the status of private complainant in the proceeding.135
102.
On September 9, 2003, Linda Loaiza López filed a complaint with the General Inspectorate of
Tribunals against the individual in charge of the Thirtieth Trial Court for a variety of irregularities that took
place during the processing of the procedure, mainly with regard to the dismissal of the charges brought
through private prosecution.136 The case file before the IACHR also contains a complaint filed by the chairman
of the Permanent Interior, Justice, Human Rights, and Constitutional Guarantees Committee of the National
Assembly on the serious irregularities in the proceeding before that court authority and the mistreatment
Linda Loaiza López had received there.137 The actions of the aforementioned judge were also reported by
Linda Loaiza López and her attorney to the Office of the Ombudsman.138
103.
The list of actions reported by the State indicates that the trial hearing was scheduled to be
held on July 26, 2004. However, the hearing once again could not be held at the scheduled time. On August 3,
2004, the attorney of Linda Loaiza López reported that so far, the trial had been delayed 29 times, 26 of which
were attributable to the defendants’ legal counsel.139
[… continuation]
November 12, 2007. and Annex 56. 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.
Annex “Folder No. 5, Office of the Attorney General” to the initial petition of November 12, 2007.
131 Action cited by the State in its brief of observations of January 15, 2009, pg. 23. See: Annex 56. Decision of the Appellate
Court. Interim Chamber No. 3, acting as a constitutional court, January 26, 2004. Annex V to the State’s brief of January 16, 2009.
132 See: Annex 57. Decision of the Thirtieth First Instance Criminal Trial Court of the Caracas Metropolitan Area, June 6, 2003.
Annex T from the State’s brief, January 16, 2009; and Annex 56. Decision of the Appellate Court. Interim Chamber No. 3 of the Caracas
Metropolitan Area, acting as a constitutional court, January 26, 2004. Annex V to the State’s brief of January 16, 2009.
133 See: Annex 58. Decision of the Thirtieth First Instance Criminal Trial Court of the Caracas Metropolitan Area, July 11, 2003.
Annex U of the brief of the State of January 16, 2009.
134 Annex 58. Decision of the Thirtieth First Instance Criminal Trial Court of the Caracas Metropolitan Area, July 11, 2003.
Annex U of the brief of the State of January 16, 2009.
135 See: Annex 59. Decision of the Constitutional Chamber of the Supreme Tribunal of Justice of December 1, 2003. Case File No.
03-2921. Annex “Folder No. 4, Supreme Tribunal of Justice” to the initial petition of November 12, 2007; Annex 60. Appeal filed by Linda
López with the assistance of her attorney, Juan Bernardo Delgado, before the Supreme Tribunal of Justice, stamped as received on
November 3, 2003. Annex “Folder No. 4, Supreme Tribunal of Justice” to the initial petition of November 12, 2007; Annex 56. Decision of
the Appellate Court. Interim Chamber No. 3, acting as a constitutional court, January 26, 2004. Annex V to the State’s brief of January 16,
2009.
136 Annex 61. Brief fom Linda López with the assistance of her attorney, Juan Bernardo Delgado, before the Supreme Tribunal
of Justice, stamped as received on September 9, 2003. Annex “Folder No. 3, Inspectorate of Tribunals” to the initial petition of November
12, 2007.
137 Annex 62. Brief from Carlos Tablante, chairman of the Permanent Interior, Justice, Human Rights, and Constitutional
Guarantees Committee to the Inspector General of Tribunals, September 18, 2003. Annex “Folder No. 3, Inspectorate of Tribunals” to the
initial petition of November 12, 2007.
138 See: Annex 63. Brief fom Linda López with the assistance of her attorney, Juan Bernardo Delgado, before the Ombudsman,
stamped as received on November 12, 2003. Annex “Folder No. 2, Office of the Ombudsman” to the initial petition of November 12, 2007.
139 See: Annex 64. Recusal brief filed by Juan Bernardo Delgado, in representation of Linda López before the Supreme Tribunal
of Justice, stamped as received on August 3, 2004. Annex “08 Tribunal Supremo de Justicia” of the brief from the petitioners, June 20,
2014. In its brief of observations of October 22, 2014, the State provided details of the postponements declared during this stage of the
proceeding.