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.

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