48
249.
In the instant case, the Commission will analyze first the actions of the State from the
very moment of arrest, then the failure to provide a satisfactory explanation of the violent death in State
custody and, finally, a ruling will be issued on the assignment of responsibility.
250.
First, the Commission recalls that the arrest of Eduardo José Landaeta Mejías was
unlawful and arbitrary, under the terms already described in this report. In particular, it is not clear, in any
official document, what purpose was served by arresting a child without a judicial order and in the
absence of an in flagrante situation. In summary, the purpose of the arrest of Eduardo José Landaeta is
not clear. Once he was arrested under these circumstances, the violations continued. The CSOP officers
who arrested Eduardo José did not immediately inform his parents of his arrest or the reasons for it, so
that they could file a writ of habeas corpus or the equivalent to challenge the arrest of their son. Once
arrested, Eduardo José Landaeta was not brought before a competent judicial authority for judicial control
of his arrest. Eduardo José remained confined in police stations and the measures needed to take him to
a location appropriate to his condition as a minor child were not adopted. Precisely due to the failure to
comply with these minimum guarantees, at no time was it possible to shed light on the purpose of the
arrest or the transfers ordered.
251.
Nor were any measures adopted, once the child’s parents appeared and presented
information regarding the threats he had received and the extrajudicial execution of his brother one a half
months earlier, to protect Eduardo José Landaeta from the risk he ran in the custody of the CSOP. The
omissions noted were not addressed at this point either.
252.
The State of Venezuela has not conducted a serious, timely, and exhaustive investigation
of the death of Eduardo José, even though there was evidence that he had been extrajudicially executed
by police officers. In this respect, and as will be analyzed in detail in the section on Articles 8 and 25 of
the Convention, the case is still being tried 15 years after the death of Eduardo José, those responsible
have not been punished, and no relevant evidence has been produced to shed light on the facts.
253.
The Court has stated that States are responsible, in their role as guarantor of the rights
enshrined in the Convention, for ensuring the observance of those rights with respect to any individual in
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State custody. When anyone, particularly a child, dies violently in its custody, the State has the burden
of demonstrating that the death cannot be attributed to it. The Court has stated that it falls to the State to
provide a satisfactory and convincing explanation of what happened to those in its custody and to dispute
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allegations regarding its responsibility by means of appropriate evidence.
254.
Based on what has been stated to this point, the Commission concludes that State
authorities arrested Eduardo José Landaeta, although it is not clear what purpose was served by the
police arrest in the absence of an in flagrante situation and without a court order. In addition, once he was
in State custody, no measures were taken to protect the life of Eduardo José in his particularly vulnerable
situation based both on his youth and the threats he had received. Added to this are numerous
circumstantial factors pointing to the execution of Eduardo José Landaeta such as the fact that Ignacio
Landaeta Muñoz reported that a female CSOP officer, as well as a sergeant in the same police station,
told him that his son was at risk and that some officers wanted to kill him. In addition, according to his
statement, when he was already under arrest, Eduardo José himself signaled to his father begging him
not to leave him alone. This happened precisely one a half months after the extrajudicial execution of his
brother Igmar Alexander, and after numerous threats and harassment by CSOP officers against both
brothers through the intermediary of their mother. These threats included a death threat. The Venezuelan
State did not conduct a serious and diligent investigation to provide a satisfactory answer regarding the
death of a child in its custody and to punish those responsible. Nor was there a serious investigation of
the evidence mentioned or of the relationship of these events with the earlier threats and with the death of
his brother. In summary, there are multiple factors that taken as a group point to a direct attribution of
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I/A Court HR., López Álvarez Case. Judgment of February 1, 2006. Series C, No. 141. paras. 104 – 106.
282
I/A Court HR., Juan Humberto Sánchez Case. Judgment of June 7, 2003. Series C, No. 99. para. 111.