REPORT No. 118/18 CASE 12.890 MERITS JOSÉ GREGORIO MOTA ABARULLO AND OTHERS (DEATHS AT THE SAN FÉLIX PRISON) VENEZUELA OCTOBER 5, 2018 I. SUMMARY 1. On October 12, 2007, the Inter-American Commission on Human Rights (hereinafter "the Inter-American Commission", "the Commission" or "the IACHR") received a petition filed by the Observatorio Venezolano de Prisiones (hereinafter "the petitioners") 1 alleging the international responsibility of the Bolivarian Republic of Venezuela (hereinafter “the Venezuelan State", "the State" or "Venezuela") to the detriment of José Gregorio Mota Abarullo, Johan José Correa, Gabriel de Jesús Yáñez Sánchez, Rafael Antonio Parra Herrera and Cristián Arnaldo Molina Córdova. 2. The Commission adopted Admissibility Report No. 91/12 on November 8, 2012. 2 On November 20, 2012, the Commission notified this report to the parties and placed itself at their disposal in order to reach a friendly settlement. The parties enjoyed the time periods provided for in the IACHR’s Rules of Procedure to present additional observations on the merits. The State did not present observations at the merits stage. All information received was duly transmitted between the parties. 3. The petitioners argued that the alleged victims, inmates in a juvenile detention center, died on June 30, 2005, in a fire inside their cell, attributable to the actions and omission of state authorities. They also alleged a lack of due diligence in the investigation and delay in trying the case, as well as violations of the personal integrity of their family members. 4. The State did not present arguments at the merits stage. However, it is clear from its position at the admissibility stage that it denies international responsibility for the deaths, arguing that it did not fail in its duty of prevention. Regarding judicial guarantees and judicial protection, it argued that criminal proceedings are still ongoing. 5. Based on the findings of fact and law, the Inter-American Commission concluded that the State is responsible for the violation of Articles 4.1 (life), 5.1, 5.4, 5.5 and 5.6 (personal integrity), 8.1 (judicial guarantees) and 25.1 (judicial protection) of the American Convention on Human Rights, in relation to the obligations established in Articles 1.1 and 19 of the same instrument. The Commission issued the respective recommendations. II. POSITIONS OF THE PARTIES A. PETITIONERS 6. The petitioners alleged that José Gregorio Mota Abarullo, Gabriel de Jesús Yáñez Sánchez, Rafael Antonio Parra Herrera, Cristián Arnaldo Molina Córdova and Johan José Correa were inmates of the “Monsignor Juan José Bernal” Diagnostic and Treatment Center, attached to the National Institute for Attention to Minors (INAM), ("the center" or "INAM-San Félix"), in the state of Bolívar. They reported that on June 30, 2005, at approximately 4:30 p.m., there was a fire in cell No. 4, as a result of which the five above-mentioned individuals died of burns and suffocation. The Cyrus R. Vance Center for International Justice subsequently joined as a petitioner. IACHR. Report No. 91/12. Case 12.890. Admissibility. José Gregorio Mota Abarullo et al. (Deaths at the San Félix Prison) (Venezuela). November 8, 2012. Admissible articles: 4, 5, 8, 19, and 25. 1 2

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