46
66.13. on September 23, 1999 the Political Administrative Court of the
Supreme Court of Justice accepted the request because it deemed that “given
the significant number of victims, the persons allegedly responsible for those
deaths (members of the military and police forces) as well as the social
context in which they occurred, [said investigations] are exceptional in
nature, and this nature was not taken into account by the bodies in charge of
the investigation, as it is evident that to date, since there has been no
decision regarding the aforementioned facts, there has been an aberrant
denial of justice, the consequences of which have crossed the national
borders, as exemplified by the claims filed against the Venezuelan State
before international bodies due to the alleged violations of human rights
which the courts, both under regular criminal jurisdiction and under special
military jurisdiction, have been incapable of deciding in the course of ten
years.” Based on these considerations and also that the “significant judicial
delay, as well as the procedural disorder in processing the criminal trials, has
constituted an offensive denial of justice,” the aforementioned Court decided
to hear and decide on the respective cases. Furthermore, said Court decided
that the provisions of the Organic Criminal Procedural Code would apply to
proceedings begun after its entry into force, even if the punishable facts
occurred before. Finally, the aforementioned Political-Administrative Court
ordered the breakdown of the files of all the criminal investigations begun, to
then open an individual file for each person who died or was wounded during
the events involved in the cases removed to the higher court, with the aim of
establishing the existence, if that were the case, of “administrative
irregularities that might derive from the actions or omissions of those in
charge of the trials and of the bodies intervening in them,” as well as to
forward to the Public Prosecutor’s Office those cases in which there is
sufficient evidence to presume criminal responsibility of certain persons in the
facts of the case;45
66.14. on February 24, 2000 the Political-Administrative Court of the
Supreme Court of Justice declared the conclusion of the jurisdictional function
in connection with the transfer of the cases from the lower to the higher
court, and ordered the 437 cases resulting from the breakdown of files on
criminal investigations to be referred to the Attorney General of the Republic
for the Attorney General to order and direct the investigation of the facts,
pursuant to the provisions of the Organic Criminal Procedural Code, so as to
establish the identity of the principals and abettors and participants and to
carry out the appropriate actions against those who gave the orders, as well
as against those who executed those orders;46
Republic of Venezuela on November 10, 1999, at the public hearing on the merits of the instant case.
Volume I,” at the Secretariat of the Court).
45
Cf. September 23, 1999 order of the Political-Administrative Court of the Supreme Court of
Justice of Venezuela (file with evidence on El Caracazo Case, under the title “Documents submitted by the
Republic of Venezuela on November 10, 1999, at the public hearing on the merits of the instant case.
Volume I,” at the Secretariat of the Court).
46
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).