Inter-American Court of Human Rights
Case of Barreto Leiva v. Venezuela
Judgment of November 17, 2009
(Merits, Reparations and Costs)
In the case of Barreto Leiva,
The Inter-American Court of Human Rights (hereinafter, the “Inter-American Court”,
the “Court” or the “Tribunal”),1 composed of the following judges:
Diego García Sayán, President in exercise;
Sergio García Ramírez, Judge;
Manuel E. Ventura Robles, Judge;
Margarette May Macaulay, Judge and
Rhadys Abreu-Blondet, Judge;
Also present:
Pablo Saavedra Alessandri, Secretary
Emilia Segares Rodríguez, Deputy Secretary.
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter, the “Convention” or the “American Convention”) and Articles 29, 31,
37(6), 56 and 58 of the Court’s Rules of Procedure2 (hereinafter, the “Rules of
Procedure”) delivers this Judgment.
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE APPLICATION
1.
On October 31, 2008 the Inter-American Commission on Human Rights
(hereinafter, the “Commission” or the “Inter-American Commission”) filed, pursuant
to Articles 51 and 61 of the Convention, an application against the Bolivarian
Republic of Venezuela (hereinafter, the “State" or “Venezuela”) originating in the
instant case. The initial application was filed with the Commission on August 9, 1996.
On July 17, 2008, the Commission approved the Report on Admissibility and Merits
N° 31/08, by means of which it concluded that the case was admissible and made
certain recommendations for the State. This report was notified to the State on July
31, 2008. Considering that the Commission had not received any response from the
State with regard to the measures adopted to implement the recommendations, it
decided to submit the instant case to the Court's jurisdiction. The Commission
1
Due to reasons of force majeure, the President of the Court, Judge Cecilia Medina Quiroga, and
Judge Leonardo A. Franco, did not participate in the deliberation and delivery of this Judgment. The VicePresident of the Court, Judge Diego García-Sayán, assumed the Presidency, according to Article 5(1) of
the Rules of Procedure of the Tribunal.
2
Approved by the Court during its XLIX Period of Ordinary Sessions, held from November 16 to 25,
2001 and partially amended by the Court during its LXXXII Period of Ordinary Sessions, held from January
19 to 31, 2009.