E/CN.4/1997/7/Add.3
page 15
48.
If these three conditions are found to apply, the prosecutor must lodge
the appropriate complaint before the competent criminal court, for the latter
to initiate the pre-trial investigation. According to the report by the
Attorney-General of the Republic, there were 50 requests for
información
de nudo hecho investigations for alleged torture throughout the country
in 1995. 13 The report, however, does not contain information on their
outcome.
49.
The 1994 report of the Attorney-General's Office stated that the Office
was working to streamline its processing of cases in order to decrease as far
as possible the frequent lengthy delays, which in many cases result in
impunity for those officials who really have committed a publicly actionable
offence in the performance of their duties. The report also states that the
Public Prosecutor's Office informed the Ministers of the Interior and Justice,
as well as the State Governors, of its concern at the continual delays of the
14
police forces in supplying information requested by the courts.
50.
The representatives of the Attorney-General's Office who met with the
Special Rapporteur said that they had issued instructions for streamlining the
nudo hecho procedure to ensure that it would not remain with the court for
longer than 10 working days, according to an internal circular issued by the
Office. After expiry of that time period, the prosecutor was to withdraw the
request and decide whether or not to institute formal proceedings. The
Attorney General's Office in Caracas usually receives a copy of the
nudo hecho
applications filed anywhere in the country, which enables it to monitor the
prosecutors' work. In addition, prosecutors in areas far from the capital
who lack the means to institute proceedings can always turn to the
Attorney-General's Office to ask for support on the basis of the principle of
unity in force throughout the Office. They admitted that it was difficult to
obtain the information required for the
nudo hecho procedure from the police.
If repeated complaints were received in respect of a specific place of
detention, the Attorney-General could order a special surprise operation;
six such operations had been conducted in Caracas in recent months, revealing
that detainees were in fact being harassed, as a result of which the
appropriate judicial proceedings had been initiated.
51.
Non-governmental sources criticized the functioning and very existence
of the nudo hecho procedure and said that, if it were eliminated, the time it
currently took could be used instead for the actual proceedings. They also
said that a nudo hecho procedure took on average 14 months to be completed.
The Minister of Justice agreed regarding its limited usefulness. The Special
Rapporteur, for his part, did not receive sufficient information to determine
whether the 10-day time-limit for processing this procedure was in general
being respected.
52.
A further point is that the PTJ is in charge of carrying out all
criminal investigations into complaints of torture and other human rights
violations committed by other police forces as well as by its own personnel.
In the opinion of some of the people with whom the Special Rapporteur spoke,
this limits the impartiality and effectiveness of such investigations and
helps to create an atmosphere of impunity for the perpetrators. The Director