2
5.
On May 25, 2007, the petitioners requested an extension, which the IACHR granted. On July
13, 2007, the Commission received the petitioners’ observations on merits, which were conveyed on August
14, 2007, to the State with a time limit of two months in which to respond. On September 4, 2007, the
Commission received a communication from the State requesting a copy of the report on admissibility, which
was again sent to the State on October 1, 2007. The Commission reiterated its request for observations to the
State on December 26, 2007. On January 22, 2008, the Commission received the brief containing the State's
observations on merits, which was relayed to the petitioners for its observations.
6. On February 27, 2008, the Commission received the observations of the petitioners, which were
transmitted to the State for its observations. On June 3, 2008, the petitioners submitted additional
information, which was forwarded to the State for their information. On September 18, 2008, the
Commission requested the petitioners for additional information on the matter under review, which was
submitted on October 10, 2008, and relayed to the State for its observations. On June 22, 2010, the
Commission took receipt of additional information from the petitioners, which was conveyed to the State for
its information. On September 2, 2010, the Commission received additional information from the State,
which was forwarded to the petitioners for their information. On September 14, 2010, the Commission
received additional information from the petitioners, which was relayed to the State for its information.
B.
Processing of precautionary measure MC-619/03
7.
On August 28, 2003, the petitioners entered an application for precautionary measures to
protect the lives and physical integrity of the survivors of the events of August 27, 2003: Yelitze Moreno de
Castillo and the child Luis César Castillo Moreno.
8.
On August 29, 2003, the Commission requested the State, in accordance with Article 25(1) of
its Rules of Procedure, to adopt precautionary measures to protect the lives and physical integrity of Yelitze
Moreno de Castillo and Luis César Castillo Moreno.3 At that time, the Commission requested that the State:
1.
Provide the protection necessary to protect the lives and physical integrity of Yelitze
Moreno de Castillo and her son Cesar Luis Castillo Moreno, in accordance with Articles 4 and 5 of
the American Convention on Human Rights
The Commission also requested the appropriate investigative measures. As of the adoption of the instant
report on merits, the precautionary measures remain in force.
III.
POSITIONS OF THE PARTIES
A.
The petitioners
9.
The petitioners allege that in recent years Venezuela has been through a process of conflict
and political polarization as well as a progressive deterioration of certain aspects of the rule of law and
democratic institutions, which have seriously impaired effective protection and guarantee of human rights.
They claim that the institutional decline has been reflected, inter alia, in the undermining of the independence
and impartiality of the judiciary and a worsening situation of impunity with respect to human rights
violations.
10.
The petitioners affirm that in Venezuela there is a context of risk for the work of human
rights defenders, in particular in the Machiques area of the State of Zulia. According to the petitioners, those
risks stem from three factors: the state of conflict that exists in the Colombian-Venezuelan border region,
particularly the border with the State of Zulia, where there have been confrontations between armed groups
operating outside the law (guerrillas and paramilitaries) from Colombia, as well as the high number of
3
67.
IACHR. Annual Report 2003, Chapter III, 1. Precautionary measures granted by the Inter-American Commission, par.