2
5.
It also decided to notify the parties of the report and order its publication in its Annual
II.
PROCEEDINGS BEFORE THE IACHR
Report.
6.
On November 11, 2007, the Commission received the initial petition, which was assigned
the case number 1462-07. On June 17, 2008, the Commission transmitted the relevant parts of the
petition to the State requesting it submit its response within two months. On September 3, 2008, the State
requested an extension of the deadline to submit its observations. On January 21, 2009, the Commission
reiterated its request to the State for observations. On January 16, 2009, the Commission received the
State’s response, which was sent to the petitioners on March 30, 2010.
7.
On May 27, 2009, the IACHR requested the petitioners to provide various documents to
continue reviewing the petition’s admissibility. On June 15, 2009, the petitioners requested a 20-day
extension on the deadline, which was granted by the IACHR on June 16, 2009. On July 14, 2009, the
petitioners submitted these documents, which were then sent to the State on July 22, 2009. The State
submitted additional observations on September 3, 2009, which were transmitted to the petitioner on
March 30, 2010 for their reference. On September 3, 2010, the petitioners submitted additional
observations, which were sent to the State on September 22, 2010 with a term of one month to submit its
observations. The response of the State has not been received by the date this report was approved.
III.
A.
POSITION OF THE PARTIES
Position of the petitioners
8.
The petitioners contend that Linda Loaiza López Soto (hereinafter referred to as “Linda
Loaiza López”) was abducted by Luis Carrera Almoina in Caracas on March 27, 2001, who kept her
deprived of her liberty for a period of two and a half months. They state that, during the abduction, she
was severely abused and assaulted by Mr. Almoina, sustaining sexual, physical and psychological
injuries of a grave nature. The petitioners focus their allegations before the IACHR on the investigation of
the facts and the criminal proceedings lodged against the alleged assailant, claiming that they were
characterized by numerous irregularities, a lack of judicial actions, unjustified delays, the interference of
political personalities, and the constant mistreatment of Linda Loaiza López and her next of kin by officers
of the justice system. They consider that this pattern of abuse, irregularities and neglect by the judiciary
led to impunity with regard to the incidents of sexual violence. The petitioners consider that the abovementioned flaws were especially severe, considering the sex and precarious economic situation of Linda
Loaiza López, which entailed a greater obligation on the part of the State to duly prosecute and punish
the incidents.
9.
The petitioners claim that they are not requesting that the IACHR examines the merits of
the six-year sentence, but rather that it examines the respective domestic proceedings to establish their
compatibility with the American Convention. They consider that the fact that there is a judgment
containing a partial conviction does not mean that the State has complied with all its obligations under the
American Convention.
10.
The petitioners specifically claim that, on March 27, 2001, Luis Carrera Almoina—son of
the principal of the National Open University—abducted Linda Loaiza López when she was leaving her
home and took her, under threat of death, to the Hotel Aventura in the San Bernardino neighborhood of
Caracas. They indicate that Mr. Almoina kept Linda Loaiza López kidnapped until July 19, 2001 in
Caracas and in the town of Petare, in the State of Sucre.
11.
The petitioners indicate that, during those two and a half months, Mr. Almoina repeatedly
victimized Linda Loaiza López, inflicting upon her severe forms of physical, psychological and sexual
abuse. They indicate that the alleged assailant hit the victim, smoked and put out cigarettes on her body,
burned her with a lighter and raped her repeatedly. They state that he also forced her to take drugs and
watch pornographic movies. Oftentimes he left her tied up, handcuffed, with her mouth gagged,