The Constitutional Chamber of the Supreme Court of Justice (TSJ) ordered this Monday the Public Ministry (MP) to resume the criminal investigation process to determine the possible commission of punishable acts in the case of the disappearance of César Burgillos, an event that occurred in the year 1965 .
The information was released by the Supreme justice court through a press release.
It indicates that the Constitutional Chamber declared the request for review filed by the Public Ministry against a 1998 ruling that declared “extinguished by prescription the criminal action and finished the summary investigation, in relation to the disappearance of citizen César Augusto Burguillos.” .
Similarly, the statement points out that, in accordance with the Constitution of the Bolivarian Republic of Venezuela and the Law to Punish Crimes, Disappearances, Torture and Other Violations of Human Rights for Political Reasons in the Period 1958-1998, the Chamber of the TSJ also ordered the Public ministry to exercise the respective actions to determine the responsibility of the authors and participants in them.
Sentences annulled
The highest court He explained that the Constitutional Chamber decided to annul the ruling issued by the Permanent War Council of Maturín on August 16, 1998, which confirmed the decision issued by the Permanent Military Court of First Instance of Maturín on June 14 of that same year.
In this way, the decision recorded in judgment No. 0167-2022, with a presentation by Judge Tania D’Amelio Cardiet, annulled the judgments that declared the investigation terminated by prescription of the criminal action “… in accordance with article 206, Ordinal 7 , of the Code of Criminal Procedure, applicable to the case by provision of article 20 of the Code of Military Justice”.
In the opinion of the Constitutional Chamber “Annulled sentences are contrary to the basic values and principles of Law and Justice, such as impartiality and sufficiency in criminal investigations, legality, legal certainty, access to justice, the reasons for sentences, the due process, effective judicial protection and, therefore, in violation of article 50 of the 1961 Constitution, applicable due to the time of the events, all of it» .
