REPORT No. 160/18 CASE 12.805 REPORTS ON MERITS JIMMY GUERRERO, RAMÓN MOLINA PÉREZ AND FAMILY VENEZUELA DECEMBER 7, 2018 I. SUMMARY 1. On March 10, 2008, the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the IACHR”) received a petition submitted by the Committee of Families of the Victims of the Events of February – March, 1989 (Comité de Familiares de Víctimas de los Sucesos de Febrero – Marzo de 1989) (COFAVIC), and Mr. Carlos Guerrero and Mr. Carlos Ayala Corao (hereinafter “the petitioners”) 1 alleging the international responsibility of the Bolivarian Republic of Venezuela (hereinafter “the State of Venezuela, “the State” or “Venezuela”) to the detriment of Jimmy Guerrero, Ramón Molina Pérez and their families. 2. The Commission approved its admissibility report No. 4/11 on February 19, 2011. 2 On February 23, 2011, the Commission notified such report to the parties, being at their disposal in order to reach a friendly settlement. The parties were provided statutory deadlines to present their additional observations about the merits. On April 4, 2016, the IACHR held a public hearing regarding the merits of the case. All the information received was duly distributed between the parties. 3. The petitioners alleged that the State is responsible for the extrajudicial executions of Jimmy Guerrero and Ramón Molina, which occurred on March 29, 2003, in Falcón state, Venezuela. They alleged that before the events, Jimmy Guerrero and his family had been subjected to threats, harassment and arbitrary detentions. The petitioners added that despite the multiple complaints filed, the Venezuelan authorities did not adopt effective measures to assist the risk situation he was facing. Moreover, they held that the State has not complied with its duty to duly investigate these events, as well as to try and penalize the perpetrators, affecting the victims’ families right to justice. The petitioners held that the present case is framed in a context of extrajudicial executions in Venezuela. 4. The State held that the investigations have been diligent, and that the participation of security forces agents in the reported events has not been confirmed. The State also questioned the alleged pattern or context of extrajudicial executions in Venezuela. The State highlighted before the IACHR, in several occasions, that the alleged victim had criminal records and that the complaints that he filed before his death aimed at avoiding the authorities and his criminal responsibility. Notwithstanding the foregoing, in the most recent investigation provided by the State, it informed that in the internal investigation, a superintendent of the Armed Forces of Falcón state had been identified as a presumed perpetrator, against whom an arrest warrant had allegedly been issued. 5. Based on factual and legal determinations, the Inter-American Commission resolved that the Colombian State is responsible for the violation of Articles 4.1 (right to life), 5.1 (right to humane treatment), 8.1 and 25.1 (rights to fair trial and judicial protection) of the American Convention on Human Rights (hereinafter “the American Convention” or “The Convention”) in relation to Article 1.1 of the same treaty, and with Articles 6 and 8 of the Inter-American Convention to Prevent and Punish Torture (hereinafter “the IACPPT”). The Commission elaborated the respective recommendations. Subsequently, the Center for Justice and International Law (Centro por la Justicia y el Derecho Internacional) (CEJIL) incorporated as a petitioner. 2 IACHR. Report No. 4/11. Admissibility. Case 12.805. Jimmy Rafael Guerrero Meléndez, Ramón Antonio Molina Pérez and Families. Venezuela. February 19, 2011. Articles 4, 5, 7, 8, and 25 of the American Convention and Articles 2,6 and 8 of The Inter-American Convention to Prevent and Punish Torture were declared admissible. 1

Select target paragraph3