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responsibility, which is consistent with the prosecutor’s indictment of the officers for the crime of murder.
The State, with all the resources available to it for doing so, has failed to provide a definitive judicial
response regarding what happened in order to dispute the presumption of direct responsibility.
255.
Based on the foregoing considerations, the Commission concludes that the State of
Venezuela is responsible for violating the duty to respect and guarantee the right to life enshrined in
Article 4 of the American Convention in connection with the obligations established in Articles 19 and 1.1
of the same instrument, to the detriment of Eduardo José Landaeta Mejías.
F.
The right to humane treatment with respect to the relatives of the Landaeta Mejías
brothers
256.
As the Inter-American Court has stated, the next of kin of the victims of certain human
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rights violations may, in turn, be victims.
Specifically, the Court has held that the relatives of victims
may be mentally and morally affected as a result of the specific situation endured by their loved one, and
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the subsequent actions or omissions on the part of domestic authorities with respect to these facts.
257.
The Commission believes that in this case the next of kin of the Landaeta Mejías brothers
endured profound suffering due to the threats against and subsequent extrajudicial execution of Igmar
Alexander and Eduardo José, events that happened one and a half months apart. The Commission also
emphasizes the anguish they must have felt when they anticipated the fate of Eduardo José once he had
been arrested and held incommunicado, considering the earlier threats and the death of his brother.
258.
This suffering has increased over the years since then, in that despite the tireless search
for justice and constant judicial activity driving the domestic proceedings, both deaths continue to go
unpunished. In summary, to date the relatives of the Landaeta Mejías brothers still do not know the truth
of what happened to Igmar Alexander and Eduardo José, which keeps their family members in a constant
state of frustration, sadness, and impotence.
259.
In the Commission’s view, the manner in which the facts of this case occurred, as well as
the situation of impunity surrounding the case, caused deep suffering and a radical change in the lives of
relatives of the Landaeta Mejías brothers. Based on the information in the file, the Commission has been
able to identify the following relatives: María Magdalena Mejías (mother), Ignacio Landaeta Muñoz
(father), Victoria Eneri and Leydis Rossimar, both with the surname Landaeta Galindo (sisters), Francy
Yelut Parra Guzmán (life partner of Igmar Alexander Landateta Mejías), and Johanyelis Alejandra Parra
(daughter of Igmar Alexander Landaeta Mejías). As a result, the Commission concludes that the State
violated the right to mental and moral integrity established in Article 5 of the American Convention in
connection with the obligations established in Article 1.1 of the same instrument, to the detriment of these
persons.
G.
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The rights to a fair trial
and judicial protection
with respect to the
investigations and proceedings initiated due to the death of the Landaeta Mejías
brothers
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I/A Court HR. Cantoral Huamaní and García Santa Cruz v. Peru Case. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C, No. 167. para. 112; I/A Court HR., Bueno Alves Case. Judgment of May 11, 2007.
Series C, No. 164. para. 102.
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I/A Court HR. Cantoral Huamaní and García Santa Cruz v. Peru Case. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C, No. 167. para. 112; I/A Court HR., Vargas Areco Case. Judgment of September 26,
2006. Series C, No. 155. para. 103. para. 96.
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Article 8.1 of the American Convention states: 1. Every person has the right to a hearing, with due guarantees and
within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of
any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or
any other nature.
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Article 25.1 of the American Convention establishes: 1. Everyone has the right to simple and prompt recourse, or any
other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by
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