6.
The States Parties to the Convention must ensure compliance with its provisions
and their inherent effects (effet utile) within their respective domestic legal systems.
This principle is applicable not only with regard to the substantive norms of human
rights treaties (that is, those which contain provisions concerning the protected rights),
but also with regard to procedural norms, such as those referring to compliance with
the decisions of the Court. These obligations must be interpreted and applied so that
the protected guarantee is truly practical and effective, bearing in mind the special
nature of human rights treaties.4
a) Obligation to investigate the facts and to punish those responsible
7.
In its report of June 2010, Venezuela indicated that the Public Prosecutor’s
Office had determined “the relevance of reopening the investigation […] noting, first,
that procedures remain to be conducted which may result in relevant information that
the Prosecutor was unaware of when deciding to close the proceedings; and this
represents a fresh opportunity […] to achieve the complete clarification of the events
investigated and, ultimately, would lead to judicial proceedings that are strictly in
accordance with the procedural principles established in our domestic and international
law.” In addition, the State advised that, among other measures, the Public
Prosecutor’s Office had requested information from various agencies on the migratory
movements, address, criminal record, and police and banking records of certain
individuals, and also the expert appraisal of several elements. Lastly, Venezuela
indicated that the Public Prosecutor’s Office “will continue to conduct the procedures
that it considers […] pertinent, in order to […] attribute the corresponding
responsibilities in this case.”
8.
The representatives affirmed that, in its report, the State had failed to indicate
the dates on which the Public Prosecutor’s Office had sent out the requests for
information or when it expected to obtain a response; also, it did not attach copies of
these communications. Furthermore, it did not indicate the cost of some of the
appraisals requested, or provide information on the results obtained, or the date on
which they could expect to obtain them. They noted that the State had indicated that
procedures remain to be conducted, but it did not mention what these procedures are,
when they would be conducted, and which State institution would be responsible for
conducting them. In addition, they indicated that Venezuela had not forwarded the
timetable requested in the order of February 4, 2010, or any other information
requested in this order. They considered that the report submitted by the State did not
comply with the requirements indicated in this decision.
9.
Additionally, the representatives indicated that, despite the requests they have
made to the State, they have “not been consulted or informed about the progress of
the investigations at any stage of the proceedings.” Moreover, they observed that the
State’s report only referred to the investigation of three individuals, “although the
State [...] has information identifying other individuals who are responsible.”
Venezuela must remove all the obstacles to establishing responsibilities and imposing
punishments on both the perpetrators and the masterminds, and must investigate all
those responsible. They indicated that, in 2009, progress had been made in the
investigation of other similar massacres, in which the Prosecutor General had
summoned the victims, family members, and representatives to meetings and
4
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of the Inter-American Court of Human
Rights of September 24, 1999. Series C No. 54, para. 37, and Case of Gutiérrez Soler v. Colombia, supra
note 1, fourth considering paragraph.
3