protection had been violated.
2.
Procedure before the Commission. – The procedure before the Commission
was as follows:
a)
Petition. – On January 22, 2004, Olimpiades González and María Angélica
González, lodged the initial petition.1
b)
Admissibility Report. – On October 19, 2011, the Commission adopted
Admissibility Report No. 121/11, in which it found the petition admissible.
c)
Merits Report. – On October 5, 2018, the Commission adopted Merits
Report No. 117/18 (hereinafter also “Merits Report”), in which it reached a series of
conclusions2 and made several recommendations to the State.
d)
Notification to the State. – The Merits Report was notified to the State by
communication of November 8, 2018. The Commission granted Venezuela two
months to report on compliance with the recommendations contained in the Report.
It later granted two extensions to the State. As the Commission noted, “the State did
not request a new extension nor did it present a report on the current status of
compliance with the recommendations.”
3.
Submission to the Court. – On August 8, 2019, the Commission submitted to
the Court “all of the facts and human rights violations” of the case. It indicated that it
did so “because of the need to obtain justice and reparation.”3 The Court notes, with
concern, that more than 15 years had elapsed between the lodging of the initial petition
before the Commission and the submission of the case to the Court.
4.
Requests of the Commission. – The Commission requested that the Court
conclude and declare the international responsibility of Venezuela for the violations
contained in its Merits Report No. 117/18 and that it order that the State implement the
measures of reparation included in the Report (infra Chapter VIII).
II
PROCEDURE BEFORE THE COURT
5.
Suspension of the proceedings. - After the Commission submitted the case to
the Court, its Secretariat, on August 30, 2019, attempted to contact the alleged victims
on the basis of the information provided by the Commission in order to request that they
inform on their legal representation.4 It was, however, not possible to contact them. On
October 8, 2019, the Commission was requested to provide further information on the
1
The Commission later indicated that María Antonia González and Dan William Barliza González were
petitioners. Olimpiades González died on December 11, 2006 (infra para. 78).
The Commission concluded that the State was responsible for the violation of the following articles of
the American Convention: 4(1) (Right to Life); 5(1) and 5(4) (Right to Humane Treatment); 7(1), 7(2), 7(3),
7(5) and 7(6) (Right to Personal Liberty); 8(1) and 8(2) (Right to a Fair Trial) and 25(1) (Right to Judicial
Protection), in relation to the obligations established in Articles 1(1) and 2 thereof.
2
The Commission appointed, as its delegates before the Court, the then Commissioner Francisco
Eguiguren Praeli; the then Executive Secretary Paulo Abrão, and Erick Acuña Pereda, as legal advisor.
3
4
This communication was repeated on September 13 and 24, 2019.
4