11.
Observations on the attachments to the final written arguments. – On July 26,
2021, the Commission stated that it did not have any observations on the attachments
presented by the parties with their final written arguments. On that same date, the
representatives presented their observations on the State’s attachments. The State did
not present any observations on the annexes presented by the representatives.
12.
2021.10
The Court deliberated on this Judgment, in a virtual session, on September 20,
III
JURISDICTION
13.
Venezuela became a State Party to the American Convention on August 9,
1977 and recognized the contentious jurisdiction of the Court on June 24, 1981. On
September 10, 2012, Venezuela denounced the American Convention, which became
effective on September 10, 2013. Pursuant to Article 78(2) of the Convention, the Court
has jurisdiction to hear the present case since the facts therein took place before the act
of Venezuela took effect. Venezuela deposited its instrument of ratification of the InterAmerican Convention to Prevent and Punish Torture (hereinafter the “Inter-American
Torture Convention”) on August 26, 1991.
IV
PRIOR CONSIDERATION
14.
The Court notes that the representatives, in their brief with petitions and
motions, alleged the violation of the right to personal integrity of the next of kin of
Olimpiades González. In doing so, they did not expressly name those persons, although
in the same brief they named several persons who were not mentioned in the Merits
Report, who they considered should be viewed as “indirect victims” and beneficiaries of
the measures of reparation. Those persons are Arianny Yosibel González, Laura Joselin
González, Alejandro González, Fernando González (brother of Olimpiades), Doménica
Del Carmen Hernández, Yelimar Coromoto Barliza Hernández, Wilder Thomas Castillo
Hernández and Dan William Barliza.
15.
Pursuant to Article 35(1) of the Rules and to the Court’s consistent case law,
the alleged victims must be identified in the Merits Report issued pursuant to Article 50
of the Convention.11 On some occasions, under the terms of Article 35(2) of the Rules,
the Court has admitted, as victims, individuals not included in that Report because of
the impossibility of identifying them due to massive or collective violations. 12 The facts
in this case do not meet the characteristics defined in Article 35(2) and, therefore, the
Court will consider only those persons identified in the Merits Report as alleged victims.
Due to the exceptional circumstances caused by the pandemic, this Judgment was deliberated and
adopted during the Court’s 144th Regular Session, which was held virtually using technological means, in
accordance with the Rules of the Court.
10
Cf. Case of the Barrios Family v. Venezuela. Merits, Reparations and Costs. Judgment of November
24, 2011. Series C No. 237, footnote 214 and Case of Garzón Guzmán et al. v. Ecuador. Merits, Reparations
and Costs. Judgment of September 1, 2021. Series C No. 434, para. 31.
11
Cf. Case of the Río Negro massacres v. Guatemala. Preliminary Objection, Merits, Reparations and
Costs. Judgment of September 4, 2012. Series C No. 250, para. 48 and Case of Garzón Guzmán et al. v.
Ecuador, para. 31.
12
6