been acquitted by the trial court and that a decision was still pending on the appeal
lodged by the Attorney General’s Office on July 19, 2007.
4.
Upon examining the information available in light of the admissibility
requirements established in Articles 46 and 47 of the American Convention, the
Commission concluded that it has competence to examine the petition submitted, and
that the petition is admissible regarding alleged violations of the rights established in
Articles 4, 5, 7, 8, and 25 of the Convention, pursuant to Article 1(1) of same, to the
detriment of the individuals indicated in the section on characterization of the facts
alleged, infra paragraphs 56-59. Furthermore, possible violations of Articles 1, 6, and
8 of the Inter-American Convention to Prevent and Punish Torture were added by the
Commission by virtue of the principle of jurit novit curia. Consequently, the
Commission has decided to notify the parties of the decision, publish this report on
admissibility, and include it in its Annual Report.
II. PROCESSING BY THE COMMISSION
5.
The Commission received the initial petition on March 14, 2007, and it was
registered with number 299-07.
6.
On May 15, 2007, the Commission transmitted the relevant parts of the
petition to the State, and in accordance with its Rules of Procedures, asked the State
to submit its reply within a two-month deadline.
7.
On August 2, 2007, the State submitted a message indicating that it had
requested information from the respective authorities. The petitioners were apprised
of that message on September 11, 2007. As of the date of approval of this report, the
Venezuelan State has not provided the information indicated in its message. On
February 28, 2008 a communication was received from the State, presenting its
arguments regarding admissibility. The communication was forwarded to the
petitioners, with the request that they submit their observations within one month.
III. POSITIONS OF THE PARTIES
A. The Petitioners
8.
By way of context, the petitioners indicated that the La Segundera housing
development in Sucre municipality, Aragua State, has been classified as a highly
dangerous area by the police because of the high crime rate; however the police say
this to influence public opinion and justify their own illegal procedures. The petitioners
specifically mentioned the habitual occurrence of arbitrary arrests, raids of homes
without court orders, extrajudicial executions made to look like confrontations with the
police, both physical and psychological torture, and death threats. The petitioners
added that such acts are generally perpetrated against minors between 15 and 17
years of age, as well as adults between 18 and 35 years of age.
9.
In the instant case, the petitioners asserted that on the morning of January
6, 2003 there was a robbery of 600,000 Bolívares in the La Segundera subdivision
within Sucre municipality of Aragua State. They indicated that their neighbors saw
CSOPA officers surround the Díaz Loreto family home. At 5:30pm that same day, 12
uniformed and armed CSOPA officers violently entered the residence of Robert Ignacio
Díaz Loreto, age 21, David Octavio Díaz Loreto, age 23, Miguel Angel Díaz Loreto, age
2