General Police Council was created as an advisory body for the definition, planning
and coordination of public policies on policing, and the National Bolivarian Police was
created as a “model for the selection and training of police officers applying the
principles established by law;”296; iii) in 2010 the first Technical Assistance Program
was implemented to adapt the police forces of the entire country to the new police
standards;297 and iv) in 2010 a training program on the progressive and differentiated
use of force by the Police was implemented, as a tool to be applied by police officers in
their actions toward citizens298 and the Victims’ Assistance Office as part of the
organizational structure of all the police forces, which is governed by the principles of
access to justice; fair treatment; assistance; prompt action and information.299 In
addition, the expert witness pointed out that several internal control mechanisms exist
to oversee the Venezuelan police forces (such as the Police Monitoring Office, the
Office of Response to Police Misconduct and the Police Disciplinary Council), as well as
external ones (such as Citizen Committees for Police Monitoring, Community Councils
and Structural Community and Social Organizations). 300
269. Based on the foregoing considerations, the Court does not consider it necessary
to order an additional measure of reparation in this regard; and, as to the request to
implement effective legislation for the protection of witnesses, the Court considers that
insufficient elements were provided to conclude that alleged failings in the
implementation of such legislation have any bearing on this case; therefore, it is not
appropriate to order the requested measure of reparation.
270. The Commission requested that the State be ordered to “reform, within a
reasonable period of time, the definition of the crimes of libel and slander, according to
international standards, thereby guaranteeing the right to freedom of expression.” It
added that the State must respect the standards of the Inter-American System
regarding this right, “both in legislative reforms and in administrative or judicial
proceedings.”
271. In this case, the Court did not analyze the compatibility of the criminal
definition of libel and slander with the American Convention (supra para. 192), and
therefore it is not appropriate to order the requested measure.
citizens and persons with disabilities, to guarantee their safety and their physical, psychological and moral
integrity, considering the preeminence of their rights at all times; 10. Refrain from executing orders that
involve unlawful actions or omissions or those that injure or undermine the Human Rights guaranteed in the
Constitution or in the relevant international treaties, and oppose any known violation of Human Rights; 11.
Report any known human rights violations or when there are signs that these will occur, and 12. Ensure full
protection for the health and integrity of persons in custody, taking immediate steps to provide medical
attention. Organic Law of the Police Service and of the National Bolivarian Police Force, Special Official
Gazette Nº 5.880 of April 9, 2008, approved by Decree Nº 5.895 of February 26, 2008.
296
Cf. Expert report rendered by Liderly José Montero Barrueta by affidavit on November 15, 2011
(Evidence file, volume 16, pages 5323-5325).
297
Cf. Expert report rendered by Liderly José Montero Barrueta before a notary public on November 15,
2011 (Evidence file, volume 16, pages 5323-5325).
298
This instrument establishes, among other things, that “[t]he officer should use the lowest degree of
force possible to achieve the mission” and that “[a]t no time should there be unnecessary physical harm or
moral mistreatment of citizens subject to police action”, and it is governed by the principles of legality,
necessity, proportionality and progressiveness. Expert report of Liderly José Montero Barrueta by affidavit on
November 15, 2011 (Evidence file, volume 16, page 5327).
299
Cf. Expert report of Liderly José Montero Barrueta by affidavit on November 15, 2011 (Evidence file,
volume 14, page 5328).
300
Cf. Expert report of Liderly José Montero Barrueta rendered via affidavit on November 15, 2011
(Evidence file, volume 14, page 5329).
66
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