35
37)
Wilmer Benjamín Gómez-Vásquez (victim).- He was 22 years old at the
time of death.119
60(27) After they heard about the incidents at Detention Center of Catia, a large
number of prisoners’ next of kin rushed to the premises in order to get information
about the fate of their love ones. From the early morning hours of November 27,
1992, prisoners' next of kin, mostly women, thronged the prison’s entrance trying to
find out what happened, and the Metropolitan Police fired tear gas to keep them
away. In light of the authorities’ refusal to provide information, the next of kin of
inmates decided to stay outside the penitentiary facility. This way, they could
communicate with the prisoners that were inside, who were crying for help claiming
that they were being killed by the authorities.
60(28) The persons who died in the incidents were transferred to different forensic
facilities of the Judicial Technical Police, located in the cities of Caracas, Los Teques
and La Guaria. The families of the missing prisoners visited the aforesaid facilities,
who encountered great difficulty locating and identifying their relatives. After several
days, some of them were able to locate the body of their relatives; however, others
have continued efforts to try to find the bodies of their love ones, as is the case with
the families of José León Ayala-Gualdrón and Edgar José Peña-Marín.
60(29) The steps taken by the Venezuelan authorities during the investigation of the
events have been insufficient to uncover the historical truth, establish liability and
convict those responsible for the massacre at Detention Center of Catia. Initially, the
investigation was hindered by the law enforcement force and prison authorities’ lack
of cooperation in the collection and preservation of vital evidence. At a later stage,
the court authorities in charge of conducting the investigation were negligent in
fulfilling their duties and delivering concrete results.
f)
Proceedings before Ordinary Courts
60(30) On November 30, 1992 the Juzgado Vigésimo Noveno de Primera Instancia
en lo Penal y de Salvaguarda del Patrimonio Público de la Circunscripción Judicial del
Distrito Federal y Estado Miranda (29th Trial Court in Criminal and Protection of
Public Heritage Matters in and for the Judicial District of the Federal District and
Miranda State) (hereinafter, the “29th Court”) instituted a summary investigation,
pursuant to the Código de Enjuiciamiento Criminal (Code of Criminal Procedure)
(hereinafter, the “CEC”), in force at the time, regarding the crimes committed
against persons, to the detriment of the prisoners of Detention Center of Catia.
60(31) The 101st, 93rd and 101st prosecutors of the Public Prosecutor´s Office
requested a series of measures. Thus, the Public Prosecutor´s Office instituted and
attempted to pursue an investigation, but it was hindered by the police and prison
authorities’ lack of cooperation. The information requested was provided in an
untimely and incomplete fashion by the law enforcement forces involved in the
events. Furthermore, the lack of cooperation on the part of the law enforcement
force and prison authorities was evidenced by the repeated negligence in complying
with court summonses and orders directing the production of evidence. The National
119
Cf. copy of the death record (record of the merits, reparations and costs, Volume II, page 404).
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