18 b) Witness proposed by the representatives 3. Edgar López, justice reporter He covered the 1999 natural disaster in Vargas State. All governmental security forces were there. Upon hearing the news about widespread looting, security forces made use of additional powers to maintain public order. He learned about the existence of “criminal lists,” which were no more than information provided by the neighbors themselves. That is how he learned about the case of Oscar José BlancoRomero. He got to know about extrajudicial executions, and even about the possibility the bodies might have been thrown into the sea. The reaction of several national authorities, including the President of Venezuela, to the different reports and complaints concerning human rights violations was to disqualify them. a) Expert witness proposed by the representatives 1. Jorge Rossel Senhenn, attorney-at-law On October 20, 2000, Venezuela criminalized forced disappearance, the statutory definition of which, among others, prohibits justification on the grounds of there being a state of emergency and classifies the crime as a continuing offense. In cases of forced disappearance, those in charge of determining the outcome of petitions for writs of habeas corpus limit themselves to accepting the information contained in the official letter sent them by the agency that allegedly has the person in custody. However, Courts should take the necessary action to find the person, and receive the testimony of eyewitnesses. This does not occur in practice, for the usual procedure consists in forwarding official letters to the agencies where the person may be held in custody in order to make a decision on the basis of the information received. In Venezuela, there are cases of illegal arrests either because they have been made in respect of persons that have not been caught in the act of committing an offense or without a warrant. Venezuelan law provides for the punishment of officers who violate the procedures laid down for the arrest and delivery of persons; that is, the crime of illegal deprivation of liberty. One suitable remedy to prevent forced disappearance of persons is the writ of habeas corpus, which entails the search of the person in custody. If an action for a writ of habeas corpus is instituted and the person is not found or there are no elements indicating that such person is at a specific place, instead of closing the case, an inquiry for forced disappearance should definitely be opened. C) EVIDENCE ASSESSMENT

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