MORE PROCEDURAL DELAYS IN LINDA LOAIZA’S CASE

This young woman is engaged in the struggle against injustice and oblivion

June 20, 2006 - After being a victim of a violent attack, and undergoing a health recovery process, interrogatories, defamations, as well as a hunger strike on the steps of the Supreme Court, this young woman put her attacker, Luis Antonio Carrera Almoina, behind bars. This struggle disclosed an issue many people know closely, but only a few of them confront: violence against women. However, this has not been enough an ordeal for this Venezuelan women. She is now resuming courage in the face of delays in her country’s judiciary process.  

Currently, Carrera Almoina’s sentence is a mere six years in jail time for causing injuries to Linda Loaiza in 2001. Some time ago, during the judicial process, Juan Delgado, the defense attorney, said he would appeal the sentence as being “too short” and would insist in a sentence for “frustrated homicide”, a crime which is penalized with 20 years in prison. In order to advance with this objective, the requisite of notifying the accused has to be fulfilled. However, this task has not been accomplished even though the Public Prosecutor has been notified of the official verdict publication. According to Juan Delgado, these procedural delays, whose causes have not yet been clarified by the judiciary system, are obstructing the appeal, which is totally ready to be filed within ten working days, once the accused acknowledges notification.

In summary:

1. Judge Elías Reinaldo Álvarez Leal has not diligently notified the accused of the sentence, being the judge’s sole fault because the sentence was not published timely as established by the Organic Code of Criminal Procedure (OCCP). Surprisingly enough, this person was appointed as incumbent judge in the judiciary power.
2. The plaintiff party and the victim are waiting for the notification to the accused in order to proceed with the appeal, which is ready for filing.
3. We hereby state our outrage with the investigation being conducted by the court inspector’s office, with regard to the 59 justices who have been reported for procedural delays and irregularities in this case since 2004.
4. We request the collaboration of the National Assembly, considering the public and noticeable support to this case in 2004.
5. We insist in that the Judiciary system has to be reformed.

In this regard, it is worth remembering that there have already been some other inconveniences, such as the first acquittal by Judge Rosa Cadiz, which frustrated all followers of this case after arguing Loaiza had links with a prostitution network.  At that time, the judge’s ruling was considered surprising, and it was said that some defense supported evidence and badge were neglected. Some views suggested influence peddling, and a vicious verdict.

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For more information, please contact:  Dan Klotz (917) 438-4613 / (347) 307-2866 cell or Maria Antonieta Alcalde (212) 214-0290