5
emotionally overcome the violations committed; it reestablishes social relations; it
contributes to avoid repetition of the events; it helps neutralize the power that
perpetrators may eventually enjoy; and it entails achieving justice by applying the
consequences that are set forth by Law, punishing those who deserve punishment and
redressing those who deserve reparation.9
16.
That judicial proceedings that continue until their closing and that meet their
purpose are the clearest indication of 0 tolerance towards human rights violations and
contribute to provide reparation to the victims and show society that justice has been
done.10 The State has not complied with this obligation in the instant case. On the
contrary, it continues affecting the two surviving victims and the relatives of the fourteen
deceased victims. Moreover, the omission by the State fosters repetition of violations,
strengthens impunity, and discredits the Rule of Law and dishonors international
commitments.11
17.
That the information submitted by the parties at this stage for monitoring
compliance with Judgment shows that still no progress was made in the investigation of
the events that resulted in violations and the identification and potential punishment of
those responsible. More than fourteen years after the passing of the Judgment on the
merits, the information submitted by the State on this aspect lacks substance as to
effective progress and results achieved in the investigation of the events. The State
merely referred to its political willingness to initiate the appropriate proceedings and the
request for some procedures without specifying which have been practiced or their
outcome. In view of this lack of clear, accurate and complete information as regards the
measures adopted or to be adopted by the State to comply with this part of the
Judgment, the Court finds that the violations declared in the instant case remain
unpunished although more than twenty-one years have elapsed from the events. As
indicated by the State during the private hearing: “undoubtedly, that is a historical debt
of the State of Venezuela and it has to be paid off”.
18.
Based on the obligation to guarantee rights enshrined in Article 1(1) of the
American Convention, the State has the duty to avoid and combat impunity, which has
been defined by the Court as “the total lack of investigation, capture, prosecution, trial
and conviction of those responsible for violations of the rights protected by the American
Convention.”12 In that regard, the State “has the obligation to combat that situation with
all available legal means, because impunity leads to the chronic repetition of human
rights violations and to the total defenselessness of the victims and their next of kin”.13
This obligation implies the duty of States Parties to the Convention to organize the
governmental apparatus and, in general, all the structures through which public power is
9
Cf. Case of Molina Theissen v. Guatemala, supra note 8, Considering clause No. 20.
10
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Monitoring compliance with
Judgment. Order of the Court of January 27, 2009, Considering clause No. 21, and Case of Montero-Aranguren
et al. (Detention Center of Catia) v. Venezuela, supra note 8, Considering clause No. 4 and Case of Molina
Theissen v. Guatemala, supra note 8, Considering clause No. 21.
11
Cf. Case of Molina Theissen v. Guatemala, supra note 8, Considering clause No. 21, and Case of
Montero-Aranguren et al. (Detention Center of Catia) v. Venezuela, supra note 8, Considering clause No. 20.
12
Cf. Case of the “White Van” (Paniagua-Morales et al.) v. Guatemala. Merits. Judgment of March 8,
1998. Series C No. 37, para. 173; Case of Montero-Aranguren et al. (Detention Center of Catia) v. Venezuela,
supra note 8, Considering clause No. 16, and Case of Ivcher Bronstein v. Peru. Monitoring compliance with
Judgment. Order of the Court of November 24, 2009, Considering clause No. 12.
13
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 12, para. 173; Case of
Montero-Aranguren et al. (Detention Center of Catia) v. Venezuela, supra note 8, Considering clause No. 16,
and Case of Ivcher Bronstein v. Peru. Monitoring compliance with Judgment, supra note 12, Considering clause
No. 12.