139.
The case file indicates that a judicial process was launched following the arrest of the
individual alleged to be responsible for these incidents. In lieu of preventative detention, the individual was
ordered to appear before the court and banned him from approaching Diana López. In the context of that
process, the judge of the Fifteenth Oversight Tribunal recused herself based on the “repulsion” she felt toward
both Linda López and her sister Ana Secilia “for repeatedly disrespecting [judge Rosa Cádiz and the]
Venezuelan system of justice [...].”195
140.
The petitioners also submitted information on a complaint filed by the attorney of Linda
Loaiza López with the Office of the Public Prosecutor over incidents that took place in August 2006 when two
men tried to attack Diana Carolina and Elith Johana López Soto while they were in the office of a private
business of that attorney. The record shows that the Common Crimes Directorate remitted the case file “for
the corresponding legal purposes.”196 The IACHR does not have information as to the resolution of this case
file.
141.
The petitioners also provided copies of e-mails sent to the account of Juan Bernardo Delgado
in November of 2004 signed by “relatives and friends of Carrera” stating that he was “the attorney of the
cheap prostitutes,” telling him to “die” and “learn to be proper, so poor and cheap, that’s what’s going to kill
you, you bastard […]”; “[name omitted] beat you with no tricks.”197 The IACHR does not have any information
as to whether these threats were brought to the attention of the authorities, and if so, if they were
investigated.
F.
Context: State response in cases of violence against women
142.
The information available indicates that since before the time of the facts in this case and up
through the present day, the Venezuelan State has called attention to the specific challenges with regard to
the attention the authorities pay to the situation of violence against women in response to a worrying
increase in the number of reports received on these types of cases, while also taking into account that the
problem has been under-reported to a significant degree.
143.
A study performed in 1999 by the United Nations Development Programme (hereinafter “the
UNDP”) on the situation of gender-based violence in Venezuela found that the only recorded statistics were
“the result of reports made to police bodies throughout the country” but that “due to multiple difficulties that
women face in reporting the facts, a significant number decide not to take that initiative [...].” It also indicated
that in cases of sexual crimes, the reports were not properly processed if there was no “physical evidence,”
“thereby making the termination of the police investigation more likely, leading to the under-reporting.”198
144.
Likewise, in 2001, the level of violence against women in Venezuela was reason for concern
for the Committee of the International Covenant on Civil and Political Rights (hereinafter “the Human Rights
Committee”) and the Committee of the International Covenant on Economic, Social and Cultural Rights
195
Annex 101. Documents found in Annex “Folder No. 0” to the initial petition of November 12, 2007.
See: Annex 102. Complaint filed by Juan Bernardo Delgado before the Office of the Attorney General of the Republic,
stamped as received on October 20, 2006. Annex “Folder No. 1, Office of the Attorney General” to the initial petition of November 12,
2007; and Annex 103. Official Letter No. DDC-SD-972-72460 of November 3, 2006, signed by Nerva Ramírez, director for common
crimes, addressed to Juan Bernardo Delgado. Annex “Folder No. 1, Office of the Attorney General” to the initial petition of November 12,
2007.
196
197 In the last phrase is mentioned the name of the attorney who represented Luis Carrera Almoina and his father in the two
judicial processes. Annex 104. E-mails of November 19, 2004, sent to account juanbernardo777@yahoo.com. Annex “Folder No. 8, public
communication” to the initial petition of November 12, 2007.
198 See: Annex 105. United Nations Development Programme (UNDP). Venezuela country report on the situation of genderbased violence against women. May, 1999. Annex “00 Contexto 1999 05 01 PNUD Violencia Mujeres VZ” from the petitioners’ brief of
June 20, 2014.