REPORT Nº 51/08 1 PETITION 299-07 ADMISSIBILITY ROBERT IGNACIO DÍAZ LORETO, ET AL. VENEZUELA July 24, 2008 I. SUMMARY 1. On March 14, 2007 the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission,” “the Commission,” or “the IACHR”) received a petition submitted by Mr. Luís Aguilera as Secretary General of the Human Rights, Justice, and Peace Commission of Aragua State, and by Ms. Juana Emilia Díaz Loreto (hereinafter "the petitioners"), which alleges violations by the Bolivarian Republic of Venezuela (hereinafter “Venezuela,” “the State,” or “the Venezuelan State”) of rights established in the following Articles of the American Convention on Human Rights (hereinafter “the American Convention,” or “the Convention”): 4 (right to life) of Octavio Ignacio Díaz Álvarez, Robert Ignacio Díaz Loreto, and David Octavio Díaz Loreto; 5 (humane treatment) of the first three and their family members; 7 (personal liberty) of Octavio Ignacio Díaz Álvarez, Robert Ignacio Díaz Loreto, David Octavio Díaz Loreto, Miguel Angel Díaz Loreto, and Jairo Alexis Díaz Loreto; as well as 8 (fair trial) and 25 (equal protection) of all of the above persons, all pursuant to Article 1(1) of the Convention. 2. The petitioners indicated that on January 6, 2003, brothers Robert Ignacio Díaz Loreto and David Octavio Díaz Loreto, and their father, Octavio Ignacio Díaz Álvarez, were the victims of extrajudicial execution at the hands of police officers of the Aragua State Cuerpo de Seguridad y Orden Público (Security, Law, and Order Force, hereinafter “CSOPA”). They indicated that after an alleged armed robbery occurred in the vicinity, 12 officers violently entered the residence of the Díaz Loreto family and proceeded to handcuff Robert Ignacio and were attempting to force him into a police vehicle when Robert resisted. The officers then shot him in the left leg and placed him in the vehicle. According to the petitioners, Robert Ignacio was taken to a distant place where there is a discharge canal for wastewater, which they submerged his head into, causing his death. The petitioners also indicated that Robert’s brother, David Octavio Díaz Loreto, and his father, Octavio Ignacio Díaz Álvarez, left in search of Robert Ignacio when they were intercepted by a unit of the CSOPA police force, which proceeded to order them to exit their vehicle and then shot them, causing their immediate deaths. The family members of the deceased added that they have continued to be the objects of various threats and acts of harassment, and that both the extrajudicial executions and their aftermath have enjoyed impunity. As for the admissibility requirements, the petitioners alleged that there has been an unwarranted delay in the administration of justice and that, therefore, the exception to the rule requiring exhaustion of domestic remedies, established in Article 46(2)(c) of the Convention, should be applied. 3. For its part, the State stated that domestic remedies had not been exhausted because criminal proceedings against the alleged perpetrators were still under way. In particular, the State pointed out, that the alleged perpetrators had 1 Pursuant to Article 17(2) of the Rules of Procedure of the Commission, Commission member Luz Patricia Mejía, a Venezuelan national, participated in neither the deliberations nor the decision in this case. 1

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