CAT/C/54/D/456/2011 petition to the President of the Criminal Court Circuit of the State of Guárico pursuant to articles 7 and 39 of the Protection of Constitutional Rights and Guarantees Act. 2.17 On 24 November 2009, Ms. Hernández Colmenarez filed a petition for habeas corpus with the courts of first instance of the Criminal Court Circuit of the State of Guárico, alleging that Mr. Guerrero Larez had disappeared while deprived of his liberty in the Penitentiary; that despite the requests for information and the complaints filed with the prison authorities and the Public Prosecution Service, his situation and whereabouts were unknown; and that therefore his rights to life, personal freedom and physical and mental integrity had been violated. 2.18 During the hearings before Criminal Court of First Instance No. 2 with Control Functions of the Criminal Court Circuit of the State of Guárico (Court No. 2), the Public Prosecution Service announced that Prosecutor ’s Office No. 3 was in charge of the investigation into the possible continuing crime of enforced disappearance affecting Mr. Guerrero Larez. It had not been possible, however, to conduct an on-site inspection of the Penitentiary because of the dangerous conditions inside the establishment. Moreover, the prison authorities stated that it would not be possible to issue a list of the inmates who had been present in the Penitentiary o n 7 September 2009; that in any case, Mr. Guerrero Larez’s name had been struck off the list as he could not be located and was thus presumed to have escaped; and that the Ministry of the Interior and Justice had been notified of the facts on 14 September 2009. 2.19 On 4 December 2009, Court No. 2 granted the habeas corpus request and ordered the Public Prosecution Service to conduct a prompt investigation to establish the whereabouts of Francisco Dionel Guerrero Larez, including through witness interviews and an inspection of the Penitentiary premises to determine the veracity of the allegation. In that connection, it ordered the Ministry of People ’s Power for the Interior and Justice and the General Command of the Bolivarian National Guard to take the necessary steps to assist the Public Prosecution Service and the Ombudsman ’s Office in establishing his legal situation, whereabouts and physical condition, and in providing protection for his fundamental rights to life and personal integrity. 2.20 The on-site inspection ordered by Court No. 2 took place on 25 February 2010 with the participation of public prosecutors and a commission of Unit No. 28 of the Bolivarian National Guard, but did not produce any positive results. The complainants allege that the authorities refused to conduct an adequate and thorough inspection of the Penitentiary, on the ground that they could not guarantee the safety of any of the persons present at the inspection. In particular, they maintain that, despite having knowledge of testimonies from other inmates indicating that Mr. Guerrero Larez had been tortured, murdered, dismembered and buried in the Penitentiary, and of where his remains were presumed to have been buried, the authorities did not carry out enough excavations or take any other step to verify the information. 2.21 The complainants point out that, pursuant to the State party ’s criminal procedure law, the Public Prosecution Service is responsible not only for criminal proceedings but also for handling investigations into the offences and directing the activities of the police investigation bodies. When faced with a request to open an investigation, the Public Prosecution Service has a duty to initiate proceedings and order its subsidiary bodies to take appropriate measures. 2.22 The complainants submit that the matter before the Committee has not been and is not being examined under another procedure of international investigation or settlement. The procedure before the Inter-American Court of Human Rights was limited only to the adoption of provisional measures by the Inter-American Court of Human Rights with a view to protecting the life and physical integrity of Mr. Guerrero GE.15-10585 5/11