4
16.
They say that on November 28, 2006, the Office of the 20th Public Prosecutor presented its
decision to conclude by which it ordered the archive of the investigation opened by the Machiques CICPC
Office against as-yet unknown persons because the proceedings had produced insufficient evidence to bring
charges under Article 315 of the Organic Code of Criminal Procedure (COPP); in other words, in the three
years and 10 months that the investigation lasted none of those responsible was identified. The petitioners
argue that since the start of the investigation the criminal authorities have been in possession of information
regarding the alleged responsibility of a Venezuelan paramilitary group in the killing of Joe Luis Castillo
González.
17.
They say also that the authorities were aware that as a result of his work Joe Luis Castillo
González would have known persons with links to armed actors in the Colombian conflict. In this context, on
September 5, 2003, the officials in charge of the investigation interviewed a co-worker of Joe Luis Castillo
González, who stated that a person by the name of Luis Ernesto Castro Vélez, who worked as a volunteer on
the Cáritas Machiques staff was known to be an activist in an armed group and was subsequently murdered.
The petitioners claim that the officials in charge of the investigation had said that they had received
information regarding the alleged responsibility of Colombian paramilitaries in the killing of Joe Luis Castillo
González, but that the investigation had not produced results.
18.
The petitioners claim that Yelitze Moreno de Castillo was not informed of the decision which
ordered the investigation archived. Accordingly, in a letter of June 7, 2007, she requested the Office of the
83rd Public Prosecutor for the Judicial District of Metropolitan Caracas for information on the status of the
investigation and was verbally informed of its archive. The petitioners say that in view of the foregoing,
Yelitze Moreno de Castillo presented a written communication to the Office of the Prosecutor General in
which she requested a copy of the order to close the investigation. In reply, by an official letter dated June 20,
2007, the Office of the 20th Public Prosecutor with Full Criminal Jurisdiction in the Judicial District of the
State of Zulia sent her a copy of the notification of the archive of November 28, 2006.
19.
The petitioners argue that the State has a series of special obligations where human rights
defenders are concerned, which are to recognize and ensure their work; allow them to exercise it freely;
prevent violations of their rights; provide them with protection in view of their particular exposure to risk,
and investigate acts that violate their human rights.
20.
The petitioners allege that the State violated Article 4(1) of the American Convention, in
conjunction with Article 1(1) of the same Treaty, by its failure to fulfill its duty to respect and ensure rights,
specifically its duty to prevent and investigate the violation of the right to life of Joe Luis Castillo González.
21.
In first place, as regards the duty of prevention, the petitioners argue that, as a human rights
defender, Joe Luis Castillo González provided assistance to asylum-seekers who entered Venezuela through
the border area of the State of Zulia and also to peasants with land claims. They also argue that Joe Luis
Castillo González carried out this work in the State of Zulia in a context where Colombian paramilitary groups
were active and had murdered several asylum-seekers on whose behalf Joe Luis Castillo González had sought
precautionary measures from the Inter-American Commission. They also mention the activities of hired
killers suspected of murdering several peasant’s and agrarian movement leaders, which was a matter of
public knowledge. In this regard, they argue that the State knew, or should have known, of the real danger to
the life of Joe Luis Castillo González in light of the above-described situation, and yet it failed to take
reasonable steps within its power to protect him and prevent the attack on his life.
22.
Second, as regards the duty to investigate, the petitioners argue that the State has not carried
out a meaningful and effective investigation to identify those responsible for the acts. They say that in the
days following the attack, the investigators were aware of the existence of a paramilitary group in Machiques
that is said to have operated in partnership with agents of the Venezuelan State, allegedly with the
acquiescence of local authorities, and that the killing of Joe Luis Castillo González had been attributed to them.
They argue that the investigators had had information about the names of the members of the paramilitary
group and the vehicle in which they moved about in Machiques. They say that the investigators even