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disappearance of human rights in general. Second, by subsequent denial of
abuse and the existence of common graves. Resistance of the State to
undertake its responsibility did not allow an investigation to take place at a
stage in which it was essential to gather evidence and clarify the events. This
led to irregular burials conducted in a clandestine manner. Furthermore, the
preliminary criminal investigation was secret, as set forth in the Code of
Criminal Procedure then in force.
Steps taken to identify and attain the return of the buried corpses were
unsuccessful, as only three of the 68 bodies found have been identified with
support by Argentinean anthropologists.
Subsequently, the process of
identification was paralyzed.
The last identification announced by the
Government Prosecutor’s Office refers to three corpses, but independent
experts were not asked to participate.
During the evidence gathering stage, the State has withheld evidence. After
the entry into force of the Organic Criminal Procedure Code that eliminates
the secret preliminary investigative phase called “sumario”, full access by the
next of kin of the victims or their representatives to all records has not been
ensured. To conduct a serious and complete investigation of the facts, it was
necessary for the Executive to conduct an administrative or internal
investigation of what happened so as to establish the origin of the orders that
led to the summary executions.
No criminal or administrative responsibility has so far been established in any
of the cases, whether pertaining to the facts that led to violation of human
rights or to subsequent complaints with respect to acts by judges and
prosecutors. The decision of the Supreme Court of Justice, in response to a
request by the Attorney General, to hear the cases in connection with the
facts of the case regarding alleged human rights violations, has only enabled
ordering of the cases pending, but it has not yielded any tangible results.
Currently, the files are in the hands of the Government Prosecutor’s Office.
The expert witness believes that acts of the legal bodies have caused a grave
denial of justice.
With respect to the legal framework in force in Venezuela, the expert witness
pointed out that the 1999 Constitution included in the constitutional order the
main obligations derived from adoption of international human rights treaties.
As an expression of guarantees of such rights, it established the obligation to
investigate the crimes stated therein, and to punish those responsible as well
as to ensure comprehensive reparation to the victims or their assignees.
Nevertheless, the State has not fully complied with those obligations.
The Code of Criminal Procedure in force in 1989 set forth an inquisitive
criminal procedure, lacking minimum due process guarantees. This has led
the executive authorities to handle the development and outcome of criminal
proceedings with excessively discretionary power, due to the secret nature,
even with respect to the detainee and his or her attorney, of the charges
during the preliminary investigative stage and absolute police control over the
pre-trial proceedings during that stage. The Military Justice Code allowed the