deaths of their relatives. They threatened to kill him if he reported what had happened
to him, since the officers told him that they were keeping “six bullets for each member
of the family.”
26.
The petitioners indicated that on June 4, 2003 Mr. Jairo Alexis Díaz Loreto,
accompanied by his youngest daughter, was intercepted by a police contingent whose
officers asked him for his identity document. In light of the aggressive attitude of the
police officers, Jairo Alexis showed them the protective order issued by the court on
behalf of the entire family, which generated jeering by the officers. He added that he
was not able to leave with his daughter until an hour later.
27.
On July 4, 2003, the petitioners recounted, Mr. Bladimir Lenin Díaz Loreto
was coming home from work when he was intercepted by an Aragua State police
patrol. The petitioners indicated that he was arbitrarily arrested and taken to the local
police station, where he remained with no food or water until the following day. They
added that he was released because Bladimir told the officers that a court had issued a
protective order on behalf of the family.
28.
As for the domestic remedies pursued, the petitioners indicated that they
have informed the authorities of these incidents of harassment on several occasions,
yet they have never been investigated. They specifically recount that on May 2, 2003,
Ms. Alexandra Gualdrón, acting as a victim, filed a complaint with the Office of the
Superior Prosecutor of the Public Ministry, “over the continuous harassment” to which
she was being subjected by the police officers. They also indicated that on that date a
complaint was filed with the Ninth Prosecutor’s Office of the Public Ministry of Aragua
State over the events that occurred on April 26, 2003, narrated supra in paragraph 24.
29.
According to the petitioners, the respective authorities refrained from
launching an investigation into these events. For this reason, on August 5, 2003,
Octavio Antonio, Dinorah María, Jairo Alexis, Bladimir Lenin, and Miguel Angel Díaz
Loreto, together with Luz María Ledesma de Díaz and Alexandra Gualdrón de Díaz, filed
a criminal complaint against some Aragua State police officers for the crimes of
physical and emotional assault, improper use of a firearm, illegal entry into their
homes, and abuse of power, by virtue of the Public Ministry’s refusal to investigate
these acts. The petitioners alleged that this criminal complaint has still not been
processed.
30.
As regards the admissibility of the petition, the petitioners alleged that the
exception to the rule on exhaustion of domestic remedies, established in Article
46(2)(c) of the Convention, applies in this case because of the unwarranted delay in
rendering a judgment. They also indicated that the requirement for lodging the
petition within six months, as established in Article 46(1)(b), does not apply.
31.
Finally, the petitioners alleged that the events narrated herein constitute
violations of rights established in the following Articles of the American Convention: 4
(right to life) of Octavio Ignacio Díaz Álvarez, Robert Ignacio Díaz Loreto, and David
Octavio Díaz Loreto; 5 (humane treatment) of Octavio Ignacio Díaz Álvarez, Robert
Ignacio Díaz Loreto, David Octavio Díaz Loreto, Miguel Angel Díaz Loreto, Dinorah
María Díaz Loreto, Jairo Alexis Díaz Loreto, Bladimir Lenin Díaz Loreto, Octavio Antonio
Díaz Loreto, José Acopio, Alexandra Gualdrón de Díaz, Luz María Ledesma de Díaz, and
José Rafael Acopio; 7 (personal liberty) of Octavio Ignacio Díaz Álvarez, Robert
Ignacio Díaz Loreto, David Octavio Díaz Loreto, Miguel Angel Díaz Loreto, and Jairo
6