[7 May 2003]
DEPARTMENT FOR THE PROTECTION OF FUNDAMENTAL RIGHTS
PROMOTION division
Case: Jhonny José Paz
Background
The Director of Multilateral Affairs of the Ministry of Foreign Relations,
Ms. Alexandra Paris Parra, requested information from the Department
for the Protection of Fundamental Rights concerning the murder of Jhonny Paz.
The case in question had been reported by the World Organization against
Torture, which circulated a document on the subject to all Latin American
and
Procurators of the Public Prosecutor’s Office assigned to the case
- Mr. Jaime Martínez, procurator No. 5 of Carabobo state;
- Ms. Rossana Marcano, procurator No. 6 of Carabobo state;
- Mr. Jesús Ramírez, national procurator No. 23.
Action
On
On 17 January 2002, Mr. Israel Álvarez, in his capacity as Human Rights Ombudsman, met with the aforementioned procurators and requested information on the case in question, at which time he was informed that any request for judicial formalities required by that procurator’s office from the Scientific, Criminal and Forensic Investigation Unit of Las Acacias police station had to be submitted in writing, in accordance with the provisions of article 300 of the Code of Criminal Procedure.
On 6 March 2002, procurators No. 5 and No. 6 of Carabobo state, Mr. Jaime Martínez and Ms. Rossana Marcano, went to the headquarters of the Scientific, Criminal and Forensic Investigation Unit of Las Acacias police station to determine what action had been taken in criminal investigation No. G-062.148. The chief of police of Las Acacias police station, Mr. Jhon Carreño, was ordered to issue instructions to expedite the investigation of the case.
Subsequently, on
The number of the file relating to the case in question in the office of procurator No. 5 of Carabobo state was 76-148; according to the file, no one had been charged and the case was being investigated by officials of the local office of Carabobo state, on instructions from the Public Prosecutor’s Office.
On
Outcome or current status
The case is in the investigation stage.
DEPARTMENT FOR THE PROTECTION OF FUNDAMENTAL RIGHTS
PROMOTION division
Case: José Luis Nieves
Background
Extrajudicial killing of citizen José Luis Nieves, presumably by police
officers of Carabobo state. The
incident took place on
Procurator of the Public Prosecutor’s Office assigned to the case
- Mr. Jaime Martínez, procurator No. 5 of Carabobo state.
Action
On
On
On
On
On
On
On
On
Outcome or current status
The case is in the investigation stage.
Case: Maury Oviedo
Procurators assigned to the case
- Mr. Jaime Martínez, procurator No. 5 of Carabobo state;
- Ms. Rossana Marcano, procurator No. 6 of Carabobo state.
Action
On 5 September 2002, the Department for the Protection of Fundamental Rights of the Public Prosecutor’s Office received an official letter signed by Ms. Alexandra Paris Parra, Director of Multilateral Affairs of the Ministry of Foreign Relations, stating that the World Organization against Torture had expressed concern at the alleged arbitrary detention of the transsexual Maury Oviedo, President of the organization Respeto a la Personalidad, by police officers of Carabobo state.
In fact, on 5 August 2002, the Department for the Protection of Fundamental Rights of the Public Prosecutor’s Office had already assigned Mr. Jaime Martínez and Ms. Rossana Marcano, procurators No. 5 and No. 6 of the judicial district of Carabobo state, as well as Mr. Jesús Ramírez, national procurator No. 23, to investigate the incident with a view to establishing responsibility.
On
On 4 September 2002, the assigned assistant procurator of the office of procurator No. 6, the lawyer Milagros Romero (assigned for this purpose) went to police headquarters in El Trigal in the company of assistant procurator No. 23 with full competence at the national level, and officers attached to the Scientific, Criminal and Forensic Investigation Unit of Las Acacias police station in order to ascertain whether that police station had detained Maury Oviedo, Vicky Martínez, Paola Sánchez, Kevin Capote and others. They found that the police station’s logbook reflected only the number of persons detained in police operations, without specifying their identities.
It should be noted that the victims failed to cooperate, since they did not respond to the procurators’ requests for information to help move the investigation forward.
Procurator No. 6, together with procurator No. 5 of the Public Prosecutor’s Office of that judicial district and the scientific investigation unit, is currently taking steps to gather information with a view to elucidating the reported incidents and to determine the whereabouts of Maury Oviedo.
On
“On
“On
Outcome or current status
The case is currently in the investigation stage.
Case: Rafael Ramón Milano Bastidas
Procurator assigned to the case
- Mr. Alejandro Nicolás, procurator No. 4 of Carabobo state.
Action
On
On 4 September 2002, the assistant procurator of the office of procurator No. 6, lawyer Milagros Romero (assigned for this purpose) went to police headquarters in El Trigal in the company of assistant procurator No. 23 with full competence at the national level, and officers attached to the Scientific, Criminal and Forensic Investigation Unit of Las Acacias police station in order to ascertain whether that police station had detained Maury Oviedo, Vicky Martínez, Paola Sánchez, Kevin Capote and others. They found that the police station’s logbook reflected only the number of persons detained in police operations, without specifying their identity.
Systematized information as at
involving extermination groups in
States in which investigations of murder cases are in progress |
No. of cases |
Persons arrested and/or charged |
Arrest warrants pending |
Final action taken |
Portuguesa |
112 |
1. Case No. F-769.803 |
1. Case No. F-769.803 |
Case No. F-769.803 |
|
|
2. Case No. F-769.796 |
2. Case No. F-769.796 |
Case No. F-769.796 |
|
|
3. Case No. F-849.376 |
3. Case No. F-849.376 |
Case No. F-849.376 |
|
|
4. Case No. F-805.375 |
4. Case No. F-805.375 |
Case No. F-805.375 |
|
|
5. Case No. 784.462 |
5. Case No. 784.462 Joel Castillo, Alvis Leal, Régulo Salazar, Félix Rojas, José Fernández and Obiu Fernández |
Case No. 784.462 |
|
|
6. Case No. F-836.946 |
6. Case No. F-836.946 |
Case No. F-836.946 Being handled by court No. 4 of the |
|
|
7. Case No. F-593.380 Julio González, Antonio Romero and Segundo Doboduto |
7. Case No. F-593.380 Julio González, Antonio Romero and Segundo Doboduto |
Case No. F-593.380 |
|
|
8. Case No. F-593.469 |
8. Case No. F-593.469 |
Case No. F-593.469 |
|
|
9. Case No. F-769.725 |
9. Case No. F-769.725 |
Case No. 769.725 |
|
|
10. Case No. F-805.508 |
10. Case No. F-805.508 |
Case No. 805.508 |
States in which investigations of murder cases are in progress |
No. of cases |
Persons arrested and/or charged |
Arrest warrants pending |
Final action taken |
Yaracuy |
22 |
1. Case No. F-640.147 |
1. Case No. F-640.147 |
1. Case No. F-640.147 |
|
|
2. Case No. F-507.728 |
2. Case No. F-507.728 |
2. Case No. F-507.728 |
|
|
3. Case No. G-073.552 |
3. Case No. G-073.552 |
3. Case No. G-073.552 |
Anzoátegui |
164 |
None |
None |
None |
Táchira |
30 |
Case No. G-255248 |
Álvaro Estava Blanco |
None |
Zulia |
111 |
None |
None |
None |
Falcón |
81 |
None |
None |
None |
|
|
|
|
|
Aragua |
125 |
C-82 |
None |
None |
|
|
F-681.684 |
None |
None |
|
|
Case No. 539.00 |
None |
None |
|
|
F-974.768 |
None |
None |
Note: While no extermination groups
are active in Zulia state, the number of investigations into alleged clashes
involving
police officers of that state is alarming.
No. DPDF-16-705-03
Ms. María Auxiliadora Belisario
Vice-Minister of Public Safety (E)
Ministry of the Interior and Justice
I have the honour to acknowledge receipt of your communication No. 000021 dated 7 January 2003 in which you request information on the cases involving citizens Luis Alberto Aponte Moreno, Antonio José Blanco Gómez, Juan Adolfo García Zabala, Roberto Javier Hernández Paz, Yolanda Landino, Marco Antonio Monasterio Pérez, David Rigoberto Mora Inojosa, José Francisco Rivas Fernández and Óscar José Blanco Romero, which will shortly be considered by the United Nations Working Group on Enforced or Involuntary Disappearances.
In this regard, I should like to point out that the relevant reports were requested from the competent procurators of the Public Prosecutor’s Office in each of the judicial districts in which the reported incidents allegedly occurred. The following information was received:
1.
With regard to the victims Óscar José Blanco Romero and Marco Monasterio
Pérez, on 14 September 2001 procurators No. 45 and No. 74 of the Caracas
metropolitan area and national procurator No. 30 filed criminal charges with
the fifth court of first instance overseeing the judicial district of Vargas
state, against Mr. José Yáñez Casimiro, an active officer of the Intelligence
and Prevention Services Directorate (DISIP), and Justiniano de Jesús Martínez Carreño,
for the crime of enforced disappearance. Mr.
Yáñez Casimiro was indicted as the principal, while Mr. Martínez Carreño
was indicted for concealment. The preliminary
hearing was held on
On 17 October 2002, the aforementioned court of appeal issued a decision declaring the appeal lodged by the procurators inadmissible, revoking a decision of the fifth court declaring null and void the identification of the individuals mentioned on pages 91, 106 and 109 of the respective case file and admitted, in part, the appeal lodged in the case.
The procurators of the Public Prosecutor’s Office have decided to apply for a constitutional motion (amparo) against the decision issued by the court of appeal. The text of the motion is currently being drafted.
2.
With regard to the victim José Francisco Rivas Fernández, proceedings
were begun on
The following measures were taken to elucidate the incident: statements, verbal descriptions, identification from photograph albums, and requests for information from various bodies. Such measures have made it possible to gain a better idea of the circumstances surrounding the criminal offence. However, to date the procurators assigned to the case are of the opinion that there is not enough evidence for establishing the responsibility of the perpetrators of, or the accessories to, the offence. There is also no information concerning the whereabouts of Mr. Rivas Fernández. The case is therefore still in the preparatory stage.
3. With regard to the victim Roberto Javier Hernández Paz, proceedings were begun on 21 January 2000 pursuant to a complaint lodged by Mr. Carlos Paz, who stated that, on 24 December 1999, a number of individuals - presumably from the Intelligence and Prevention Services Directorate - dressed in black and wearing balaclavas that concealed their faces, entered his residence, an unnumbered house on Rada street opposite La Gallera, in Tarigua district, Caraballeda sector, in Vargas state, looking for his nephew, Roberto Javier Hernández Paz. He also stated that he heard his nephew conversing with the aforementioned persons. He also heard a shot and his nephew Roberto Javier Hernández Paz cry out “You’ve killed me, man”. He subsequently heard another shot; however, he was unable to see what was happening because his vision is impaired by cataracts.
The following measures were taken to elucidate the incident: data and information were gathered, principally in the form of individual statements made by relatives and neighbours, as well as requests for information from various bodies. To date, however, the procurators assigned to the case are of the opinion that there is not enough evidence for establishing the responsibility of the perpetrators of, or the accessories to, the offence, particularly because the individuals who committed the offence were dressed in black and wore balaclavas that concealed their faces, which makes it difficult to describe and/or identify the persons involved in the disappearance of Mr. Roberto Javier Hernández Paz. There is also no information on the whereabouts Mr. Hernández Paz. This case is therefore still in the preparatory stage.
4.
With regard to the victims Antonio José Blanco Gómez, Juan Antonio
García Zabala, David Rigoberto Mora Inojosa, pursuant to information
dated
On
5.
With regard to the case of Mr. Luis Alberto Aponte Moreno, it should
be pointed out that, on 14 March 1991, Ms. Nereyda Roberto de Aponte reported
to the Human Rights Department of the Office of the Attorney-General, which
is now called the Department for the Promotion of Fundamental Rights, that
her husband, Luis Alberto Aponte Moreno, had disappeared in Valencia, Carabobo
state, on 28 February 1991. On
On
6. With regard to the case of Yolanda Landino, the Department for the Protection of Fundamental Rights requested information from procurator No. 16 of the Public Prosecutor’s Office of the judicial district of Zulia state, with headquarters in Santa Bárbara, who in a letter dated 14 February stated that:
“with regard to the alleged disappearance of Ms. Yolanda Landino, on 27 March 1993, we were informed that Ms. Betty Espinoza and Ms. Vilma Blanca, the secretary and clerk of this office, having conducted a detailed search in the files and spoken with Mr. Ángel Parra, a retired official of this office, reported that this office is not dealing with the case of the minor Yolanda Landino but with that of her brother, Henry Landino Contreras, in case file No. 65, which was received by this office on 12 February 1996; the file currently cannot be found.”
Procurator No. 16 also stated that, on 14 April 1994, Mr. Carlos Lugo Quiva, the special alternate procurator, granted a hearing to Mr. Mario Landino Corona in connection with the arrest of his son, Henry Landino Contreras, for kidnapping, since Mr. Landino Corona alleged that his son was innocent. The procurator went to criminal court of first instance No. 16, where he examined cases Nos. 02339 and 02340, in anticipation of the completion of formalities for the joinder of the cases in order to transmit them with criminal charges. Since the files were incomplete, the hearing did not take place.
For the Attorney-General
(Signed): Magally García Malpica
Director of the Department for the
Protection of Fundamental Rights
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