47
66.15. currently, the 437 cases are in the preliminary phase of the
investigation under the responsibility of the Twenty-first Prosecutor of the
National Prosecutor’s Office with Full Competence, 41 of which correspond to
victims of the instant case. There is only one indictment, in the case of Luis
Manuel Colmenares, before the Sixteenth Trial Court exercising Control
Functions, against two officers of the Metropolitan Police, who were placed
under preventive custody. In the case of Crisanto Mederos, the Prosecutor
has only identified the accused;47 and
66.16. on the date of the instant Judgment, the domestic judicial authorities
have not issued a final judgment, in any of the cases opened, identifying
those responsible and establishing the respective punishments for the facts in
the instant case.48
Facts pertaining to each victim
Victims of homicide whose remains were delivered to their next of kin
66.17. Miguel Ángel Aguilera La Rosa
i)
he was born on July 26, 1965 and died at the age of twentythree, on March 2, 1989 due to “internal hemorrhage in the thorax
caused by a firearm wound in the thorax and neck.” His father covered
the cost of the burial;49
ii)
he worked as an independent merchant. With his income, he
supported his children, his wife, and made a weekly contribution to his
mother;50 and
iii)
his wife was Lesbia Del Valle Núñez and his children are Lesmi
Laurieli, Emily Yannara and Miguel Ángel, all of them Aguilera Del
Valle. His son Miguel Ángel was born after he died. His parents are
Miguelina La Rosa and Roque Jacinto Aguilera.51
47
Cf. report by the State on the current situation of the administrative or judicial proceedings
undertaken to investigate the facts in the case (evidentiary file on the Caracazo Case, under the title
“Evidence to facilitate adjudication, submitted by the State of Venezuela (August 13, 2002 brief),” at the
Secretariat of the Court). Note: as of the entry into force of the new Constitution of the Bolivarian
Republic of Venezuela on December 30, 1999, the Supreme Court of Justice is called Supreme Tribunal of
Justice.
48
Cf. El Caracazo Case, supra note 28, para. 2, subparagraph l; and report by the State on the
current situation of the administrative or judicial proceedings undertaken to investigate the facts in the
case (evidentiary file on the Caracazo Case, under the title “Evidence to facilitate adjudication, submitted
by the State of Venezuela (August 13, 2002 brief),” at the Secretariat of the Court).
49
Cf. copy of the birth certificate of Miguel Ángel Aguilera La Rosa issued on May 7, 2001 by the
Main Office of the Public Records Office of the Federal District; death certificate of Miguel Ángel Aguilera La
Rosa No. 350 issued on March 6, 1989 by the Civil Head Office at La Vega, Libertador Municipality, in the
Federal District; autopsy record No. 51.205 prepared by the Forensic Medicine Division of the Technical
Corps of the Judiciary Police; and testimony of Miguelina La Rosa rendered on March 26, 2002 at the 29th
Notary Public of Libertador Municipality of the Federal District.
50
Cf. testimony of Miguelina La Rosa rendered on March 26, 2002 at the 29th Notary Public of
Libertador Municipality of the Federal District.