adapt the first paragraph of article 251 of the Code of Criminal Procedure to Venezuela’s
international obligations in the area of preventive detention.
152.
The representative, for her part, requested “acknowledgment of the innocence of Raúl Díaz,
which should be published in four important national newspapers and that this acknowledgement
take up a whole page in the main section,” and that “the Agent for the Venezuelan State, Germán
Saltrón, make a public statement to all the media, retracting the attacks on the dignity of Raúl Díaz
and indicating his innocence,” because this agent of the State had made “statements subjecting
Raúl Díaz to public opprobrium calling him a ‘participant in a coup, a criminal and a terrorist.’”
B.1)
Satisfaction: publication and dissemination of the Judgment
153. The Court decides, as it has in other case,260 that the State must publish, within six months
of notification of this Judgment: (a) the official summary of this Judgment prepared by the Court,
once, in the Official Gazette; (b) the official summary of this Judgment prepared by the Court, once,
in a national newspaper with widespread circulation, and (c) this Judgment, in its entirety, available
for one year, on an official website.
B.2)
Guarantees of non-repetition
154. The Court need only rule on the requests for reparation related to the facts concerning which
it has declared violations. In that regard, the Court establishes that the State must adopt, within a
reasonable time, the necessary measures to ensure that the detention conditions in the Pre-Trial
Detention Center of the former General Directorate of Intelligence and Prevention Services (DISIP)
– now, Bolivarian Intelligence Service (SEBIN) – located in El Helicoide, in Caracas, Venezuela, are
in accordance with the relevant international standards. In this regard, it should be recalled that
these standards are even stricter in the case of persons deprived of liberty who have not been
convicted, because the way they are treated must accord with the presumption of innocence. In
particular, the State must ensure that any person deprived of liberty lives in conditions that are
compatible with his human dignity, which include, inter alia: (a) well-ventilated cells with access to
natural light; (b) access to clean showers and sanitary installations with sufficient privacy; (c) food
of good quality, with sufficient nutritional value to maintain the health and strength of the person
deprived of liberty, and (d) the necessary, adequate, decent and timely health care.
B.3)
Other measures requested
155. Regarding the other measures requested, the Court finds that the harm to Mr. Díaz Peña will
be sufficiently repaired with the delivery of this judgment, its publication (supra para. 153), and the
compensation established in paragraphs 161 and 167 infra.
156. Furthermore, regarding the other measures of reparation requested by the Commission
(supra para. 151), the Court considers that the delivery of this Judgment and the reparations
ordered in this chapter are sufficient and appropriate to remedy the violations suffered by the victim
and does not find it necessary to order the said measures.261
260
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No. 88,
para. 79, and Case of González Medina and family v. Dominican Republic, para. 295.
261
Cf. Case of Radilla Pacheco v. Mexico, para. 359, and Case of Pacheco Teruel et al. v. Honduras, para. 123.
53
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