2
As established in the report on the merits, on August 27, 2003, human rights
defender Joe Luís Castillo González was the victim of an attack by two unidentified men
riding on a motorcycle who proceeded to shoot him, repeatedly, while he was driving his car
in the company of his family. As a result of this attack, Joe Luís Castillo González lost his
life, while his wife, Yelizte Moreno de Castillo, and his son, Luís César Castillo Moreno, who
was one and a half years old, were seriously injured and to date continue to suffer the
traumatic effects of these events.
The attack against Joe Luís Castillo González remains in impunity, as the State did
not carry out serious and effective investigations to identify those responsible and, where
appropriate, impose corresponding sanctions. The investigation initiated in relation to these
events had serious irregularities and was closed by the public prosecutor’s office without
taking any actions aimed at clarifying the facts according to logical lines of investigation. The
Commission considered proven that, in the investigation, there were indicia of presumable
connivance and/or collaboration on the part of State agents in the murder of Joe Luis Castillo
González, indicia that were dismissed without the respective investigations.
This lack of a serious and effective investigation, in addition to constituting a breach
of the duty to guarantee the right to life and personal integrity, and a denial of justice for the
next-of-kin of Mr. Joe Luís Castillo González, had a chilling effect against those who work on
the defense of human rights in the area of Machiques, Zulia State and, particularly, in the
Apostolic Vicariate.
The Inter-American Commission submits to the jurisdiction of the Court all the facts
and human rights violations described in the merits report 120/10 and requests the Court to
conclude and declare the international responsibility of the State of Venezuela for:
a)
The violation of the right to life recognized in Article 4(1) of the American
Convention, in connection with Article 1(1) thereof, to the detriment of Joe Luis
Castillo González.
b)
The violation of the rights to a fair trial and judicial protection recognized in
Articles 8(1) and 25(1) of the American Convention, in connection with Article
1(1) thereof, to the detriment of Yelitze Moreno de Castillo, Luis César Castillo
Moreno, Yolanda González, Jaime Castillo, Jaime Castillo González, and Julijay
Castillo González.
c)
The violation of right to humane treatment recognized in Article 5(1) of the
American Convention, in connection with Article 1(1) thereof, to the detriment of
Yelitze Moreno de Castillo, Yolanda González, Jaime Castillo, Jaime Castillo
González, and Julijay Castillo González.
d)
The violation of right to humane treatment and rights of the child recognized in
Articles 5(1) and 19 of the American Convention, in connection with Article 1(1)
thereof, to the detriment of the child Luis César Castillo Moreno.
e)
The violation of the right to freedom of association recognized in Article 16(1) of
the American Convention, in connection with Article 1(1) thereof, to the detriment
of Joe Luis Castillo González.
Accordingly, the Commission requests that the Inter-American Court adopts
measures of reparations stipulating:
a)
Conduct a complete, impartial, and effective investigation, within a
reasonable time, of the human rights violations recognized in the instant
report, in order to identify and punish the intellectual and material authors of