8
reparation of the victims and it shows society that justice has been rendered.”21 This has
not been complied with by Venezuela in this case. On the contrary, the lack of justice in this
case continues affecting the victims’ next of kin. Furthermore, the omission by the State
promotes the repetition of violations, deepens impunity, discredits the rule of law and is a
default of international commitments.
21.
That in view of the above, the Court considers that the State has not fulfilled the
provisions of operative paragraph 7 of the Judgment. Likewise, the State has not complied
with its duty to provide clear and specific information about the matter. Therefore, the Court
deems it essential that the State reports on the processes followed at domestic level in
relation to this case after the merit Judgment has been issued, enclosing the documents of
the corresponding files considered relevant. Thus, the State shall explain in a detailed and
accurate manner the results reached and how the proceedings followed are effective to
identify, judge and, if applicable, punish those responsible for the violations against the
victims in this case.
22.
That additionally, the Court recalls the provisions in paragraph 139 of the Judgment
regarding compliance with this obligation, establishing that the State must ensure that the
victims’ next of kin shall have full access and capacity to act in all stages and proceedings in
the course of said investigations, according to the domestic laws and the provisions of the
American Convention. The outcome of the investigations shall be published by the State, in
such a way that it shall allow the Venezuelan society to know the truth about the events of
this case.
*
*
*
23.
That as regards to the obligation to carry out all the necessary and adequate actions
promptly to secure the effective location and delivery, in a reasonable time, of the bodies of
José León Ayala Gualdrón and Edgar José Peña Marínel (as set forth in operative paragraph
8 of the Judgment), the State indicated that “it has carried out all the necessary and
adequate actions to secure […] the delivery of the bodies of the two victims to their next of
kin.” The State added that the “bodies of [the victims] were located at the Guaicaipuro
Municipality, Los Teques[,] Miranda State[,] and that such victims had been buried since
1992 in the Municipal Cemetery of San Pedro de los Altos.” The State pointed out that on
December 19, 2007 and on July 16, 2008, “the victims’ next of kin were called in to
coordinate matters related to the exhumation and delivery of the bodies and […] the
victims’ next of kin did not appear at the Attorney’s Office.” According to the State, “the
Prosecutor in this case shall make a [new] call to the [s]urvivors[, next of kin] of the dead
soon, so that they can provide pre-mortem information and the corresponding exhumations
can be made to deliver the bodies.” “According to the information provided by the
Attorney’s Office, the Unit for Genetic Research of the Scientific, Criminal and Criminalistics
Department is ready to take the samples and make a genetic database necessary to confirm
the facts.” Thus, “[t]he Attorney’s Office has informed that the exhumation shall take 2
months maximum while the identification and delivery of the bodies [...] may be ready by
mid-June 2010.”
24.
That as regards to the location and delivery of the victims’ bodies, the
representatives pointed out that the first requests for appearance mentioned above made
by the State were received on December 27, 2007, i.e. “there were made over Christmas, a
21
Cf. Case of the “Street Children” (Villagrán Morales et al.) V. Guatemala. Monitoring Compliance with
Judgment. Order of the Court of January 27, 2009, considering clause 21.