“as the effective response from the authorities after the perpetration of criminal event (generally theft or
robbery), carried out by the victim.”12 For its part, in its annual report of the year 2001, the Ombudsman
identified within the “common elements that favor impunity” in these cases, “[…] the acceptance of the speech
of police confrontation on the part of organisms in charge of enforcing the law and on the part of the citizenship,
given that it implies that the respective criminal investigations are not being carried out.”13
24.
In this sense, without stopping from recognizing the problem at a national scale, the context described
has been proven and appointed by the IACHR and the Court in the cases Barrios family vs. Venezuela 14 and
Landaeta Mejías Brothers and others Vs. Venezuela 15 for the action of the regional police in the state of Aragua.
Likewise, in the case Uzcátegui and others vs. Venezuela, the Commission recognized the impact of the context
in Falcón state from the public information from bodies of the Venezuelan State in the same time frame than
the events of the present case16. On its judgment regarding the same case, the Inter-American Court determined
that by that time “extrajudicial executions and other abuses on the part of police forces were taking place in the
State, particularly by the state and local police,” appointing said context to Falcón state. 17 The petitioners
indicated that according to their investigation in Falcón state, a process of police reconstruction was carried
out. In the year 2000, two “elite brigades” were created, and since then, more deaths for police confrontations
were reported in the municipalities of Coro and Punto Fijo. The deaths under the above-mentioned modalities
increased, always being characterized by contradictory narratives between police forces and the families of the
victims18, as well as by the lack of investigation. Near 2005, the petitioners counted 200 cases that related to
the pattern, out of which 180 did not go over the investigation stage.
B.
Available information about the alleged victims and their families
25.
Jimmy Guerrero was born on April 19, 1976, in Falcón state, Venezuela. At the time of the events he
was 26 years old. In the report before the IACHR, the following relatives have been identified: Nieves Guerrero
(father), Emilia Meléndez (mother); his brothers and sister: Franklin, Yarelis and Jean Carlos, all of the surname
Guerrero; and his sons and daughters, María Guadalupe Guerrero, Francisco Guerrero, Yimmi Eliécer Colina,
Jiannibeth Stephanny Colina, and Diana Colina, who were 8, 7, 6, 5 and 4 years old when the initial petition was
filed. His niece, Fraily Guerrero19, and his partner Anny Colina, who was pregnant at the time of the events,
were also identified.20
26.
Ramón Molina was Jimmy Guerreros's uncle and at the time of the events he was 49 years old.21 In the
report before the IACHR, the following relatives of Mr. Molina have been identified: his wife Soledad Morillo;
and his children Alexander Ramón Molina, Jeannacary Molina, Yazmín Molina, Endy Molina and Ramón Molina,
who at the time of the events were 28, 25, 23, 21 and 15 years old, respectively. 22
C.
Events prior to the deaths of Jimmy Guerrero and Ramón Antonio Molina
27.
In the record before the Commission there appears documentation related to events prior to Jimmy
Guerrero’s death, specifically complaints filed for death threats, harassment and arbitrary detentions in the
Public Ministry, the Ombudsman and the public opinion by means of social media.
See: COFAVIC/Parapolice groups in Venezuela, 2005, pages 28-33.
See: Ombudsman of Venezuela. Report: Executions and forced disappearance of persons. Annual Report 2001; IACHR. Report No. 11/10.
Case 12.488. Merits. Barrios Family. Venezuela. March 16, 2010.
14 IACHR. Report No. 11/10. Case 12.488. Merits. Barrios Family. Venezuela. March 16, 2010.
15 I/A Court. H.R. Landaeta Mejías Brothers and others Vs. Venezuela. Preliminary objections. Merits, Reparations and Costs. Judgment of
August 27, 2014. Series C No. 281. Para. 47.
16 IACHR. Report No. 88/10. Case 12.6661. Merits. Néstor José, Luis Uzcátegui and others. Venezuela. July 14, 2010. Para. 95 and ss.
17 I/A Court. H.R. Case Uzcátegui and others vs. Venezuela. Merits, Reparations and Costs. Judgment of September 3, 2012. Series C No. 249.
Para. 35.
18 COFAVIC/Parapolice groups in Venezuela, 2005.
19 Initial petition from March 10, 2008. pages 19,56.
20 Initial petition from March 10, 2008. pages 20.
21 Annex 2. CICPC. Police case file. Falcón Region. Delegation of Punto Fijo. March 30, 2003. Annex to the initial petition.
22 Initial petition from March 10, 2008, page 30.
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