42.
The State submitted general information on the legal framework on violence against women
and its development in recent years. It highlighted that on January 16, 1995, Venezuela ratified the
Convention of Belém do Pará without reservations, and that since that time, it has amended its Criminal Code
to adapt it to that instrument. It indicated that one of the most important amendments was implemented in
2005 and “constituted an undeniable step forward on [correcting] leniency” for the crime of rape, broadening
it to cover situations not previously included. It also indicated that in 2007, the Organic Law on the Right of
Women to a Life Free of Violence consolidating this progress in Venezuelan legislation on gender-based
violence was passed. The State added that it has encouraged changes in the socio-cultural patterns on which
gender inequality and unequal power relations are based to foster the construction of a democratic society. It
rejected the idea that there is a “general context of impunity” in these types of cases in Venezuela.
43.
The State concluded that it has done everything in its power to protect the rights of Linda
Loaiza López and respond to her demand for justice. It reiterated that all actions and proceedings were based
on respect for the rules of due process, resulting in the conviction of Luis Carrera Almoina in a judgment that
was duly served and executed. It also reiterated that Venezuela has complied with its international
obligations by acting with all due seriousness and diligence to prevent, investigate, punish, and eradicate
violence against women, for which reason it is not responsible for violations of the American Convention, the
Convention of Belém do Pará, or the ICPPT.
IV.
PROVEN FACTS
A.
Relevant legal framework
44.
The Inter-American Commission has recognized that the 1999 Venezuelan Constitution
formally establishes that men and women have equal rights in all areas of life, including in the family, the
workplace, politics, social activities, the community, and participation in the economy.4 Likewise, in addition
to the Constitution, by 2001 the Violence against Women and the Family Act was in force in Venezuela,5 as
was the Equal Opportunities for Women Act.6
45.
For its part, the Criminal Code in force at the time of the facts included a chapter on “crimes
against good customs and family order,” which included the following:
Article 375: Those who, using violence or threats, compel an individual, of either sex, to
commit a carnal act, will be punished with a prison term of 5 to 10 years.
4 IACHR, Democracy and Human Rights in Venezuela. OEA/SER.L/V/II. Doc. 54. December 30, 2009, para. 914. Available at:
https://www.cidh.oas.org/countryrep/Venezuela2009eng/VE09.TOC.eng.htm
5 Official Gazette, special edition No. 36,531. Passed on September 3, 1998, and put into effect on April 1, 1999. See: Annex 1.
United Nations Committee on the Elimination of Discrimination against Women Examination of the reports submitted by the States
parties. Combined fourth fifth, and sixth periodic reports of the Bolivarian Republic of Venezuela. CEDAW/C/VEN/4-6. September 9,
2005. Annex “00 Contexto 2005 09 09 CEDAW Examen Informes Art 18” of the brief from the petitioners, June 20, 2014.
Specifically, this Act built on a number of the principles and provisions of the Convention of Belém do Pará and categorized
violence against women and the family as a crime; established its definition and types; and established institutional measures,
prevention and aid policies, and responsibilities and procedures to be followed by different government authorities when dealing with
these types of incidents, including sanctions to those authorities who failed to respond to a complaint, among other measures. The Act
also classified a new series of actions as crimes, including threats and physical and psychological violence against women and the family.
Its general provisions likewise establish that the agencies that receive complaints should provide victims ��with treatment befitting their
condition as victims, facilitating their participation in the proceedings in which they must be involved as much as possible.”
6 Promulgated in the Official Gazette, special edition No. 4,635 of September 28, 1993. The content of this Act addresses
“equality, employment opportunities, the right to work, compensation, and social security, with the goal of guaranteeing women’s full
exercise of their human rights.” Annex 1. United Nations Committee on the Elimination of Discrimination against Women. Examination of
the reports submitted by the States parties. Combined fourth fifth, and sixth periodic reports of the Bolivarian Republic of Venezuela.
CEDAW/C/VEN/4-6. September 9, 2005. Annex “00 Contexto 2005 09 09 CEDAW Examen Informes Art 18” of the brief from the
petitioners, June 20, 2014.