47.
Despite this, the Court may refer to those aspects as background information to place the
facts that are the subject of the merits of the case in context, even though it cannot infer any
specific legal consequences from them.33
Allegations of a violation of the right to be tried within a reasonable time
48.
In its merits report, the Commission determined and argued before the Court the violation
of the right to be tried within a reasonable time, established in Article 8(1) of the Convention, and
affirmed that “the evidence in the case file reveals that the delay of more than four years in
processing the criminal proceedings was due to the conduct of the judicial authorities.” The
representative argued that “[t]he delay incurred, which meant that this trial was only commenced
[on September 17, 2007], was exclusively due to the Public Prosecution Service and the judges,
who [had] continually used delaying tactics to keep Raúl Díaz imprisoned illegally, and prolonged
his detention for four years and two months.” The State contested these arguments indicating that,
the trial and conviction of Raúl José Díaz Peña were strictly in keeping with Venezuelan law and
with absolute respect for his human rights; at all times the corresponding procedural time frames
were strictly observed, as well as the right to petition and to obtain a prompt and effective request,
and it should not be interpreted that, for a remedy to be considered effective, the accused must
necessarily obtain a positive response to his requests.
49.
With regard to the arguments presented by the Commission and the parties, the Court
considers that, in order to analyze a possible violation of the right to be tried within a reasonable
time, it is necessary to assess four elements, as it has established in its case law: (a) the
complexity of the matter; (b) the procedural activity of the interested party; (c) the conduct of the
judicial authorities,34 and (d) the effects on the legal situation of the person involved in the
proceedings.35 Evidently, in order to analyze these components in this case, it is necessary to refer
to the entire criminal proceedings and, eventually, to possible actions taken by the courts and the
parties involved, some of which were excluded by the Commission in its report on admissibility.
Consequently, it is not incumbent on the Court to rule on the alleged violations of the right to be
tried within a reasonable time.
Detention conditions and Mr. Díaz Peña’s health situation
50.
In relation to the section concerning the detention conditions and Raúl José Díaz Peña’s
health, the Commission indicated that the petitioner had alleged that “on June 24, 2004, Raúl José
Díaz Peña was placed for 24 hours in a punishment cell measuring 2.5 meters by 3 meters, with no
light, windows or sanitary installations, known in the DISIP as ‘el tigrito’ [the little tiger], and that
“the reason for this solitary confinement was that he had sent a letter to a radio station which was
read out by a journalist.”36
51.
The representative explained that “[w]hile he was imprisoned, Raúl Díaz was treated
respectfully; nevertheless, there were some exceptions of officials who threatened and humiliated
him and exerted constant psychological pressure on the political prisoners who were detained
33
Cf., mutatis mutandi, Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and
costs. Judgment of September 26, 2006. Series C No. 154, para. 82, and Case of Manuel Cepeda Vargas v. Colombia.
Preliminary objections, merits, reparations and costs. Judgment of May 26, 2010. Series C No. 213, para. 46.
34
Cf. Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs. Judgment of January 29, 1997. Series C No.
30, para. 77, and Case of Fornerón and daughter v. Argentina, para. 66.
35
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 192, para. 155, and Case of Fornerón and daughter v. Argentina, para. 66.
36
Merits Report, No. 84/10, Case of 12,703, Raúl José Díaz Peña - Venezuela, issued by the Inter-American
Commission on July 13, 2010, para. 95 (merits file, tome I, folio 98).
15