the identification and eventual punishment of those responsible, because these
investigations have remained archived since May 14, 2004. Consequently, more than 11
years after the forced disappearances of Oscar José Blanco Romero, Roberto Javier
Hernández Paz and José Francisco Rivas Fernández, and almost six years after
notification of the judgment that is being monitored, the violations declared in this case
continue in impunity.
10.
In this regard, the Court finds it appropriate to stress that a trial that is carried to
conclusion and fulfills its purpose is the clearest sign of the lack of tolerance of human
rights violations, as it contributes to making reparation to the victims and shows society
that justice has been done.7
11.
Based on the foregoing, the Court considers it essential that the State submit
updated, detailed and complete information on the necessary actions undertaken to
comply with this aspect, as well as copies of the respective documentation. In particular,
the State must refer to the progress made in the criminal proceedings regarding the
disappearance of Oscar José Blanco Romero, and also the criminal investigations into the
forced disappearance of Roberto Javier Hernández Paz and José Francisco Rivas
Fernández, in order to clarify the facts and to identify, prosecute and, as appropriate,
punish all the masterminds and perpetrators of the violations committed in this case.
b)
Regarding the obligation to adopt the necessary measures to establish the
whereabouts of Oscar José Blanco Romero, Roberto Javier Hernández Paz and
José Francisco Rivas Fernández as soon as possible. Should they be found dead,
the said measures must to be addressed at returning their remains to their next of
kin for burial as the latter deem appropriate. In this case, the State must provide
the necessary conditions to transfer the remains to the place determined by their
next of kin, and give them decent burial at no cost to the said next of kin (seventh
operative paragraph of the judgment);
12.
The State did not submit specific information in this regard. The representatives
observed that the Venezuelan State had not reported “absolutely anything regarding
whether steps have been taken to find the remains” of Messrs. Blanco Romero,
Hernández Paz and Rivas Fernández, and the Commission expressed its concern owing to
the lack of detailed information in this regard.
13.
The Court observes the complete absence of State activity to ascertain the
whereabouts of Oscar José Blanco Romero, Roberto Javier Hernández Paz and José
Francisco Rivas Fernández promptly. Consequently, the Court considers it appropriate to
recall that this obligation is independent of the obligation to investigate effectively the
facts of the case and to eventually punish those responsible.8 In this regard, the Court
finds that although these two obligations may be mutually complementary, each requires
a separate form of compliance, and it is not for the State to choose which of these
obligations it must fulfill. Thus, there is no incompatibility between the criminal
investigation and the adoption of different adequate and effective mechanisms to
7
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Monitoring compliance with
judgment. Order of the Court of January 27, 2009, twenty-first considering paragraph, and Case of El Amparo
v. Venezuela. Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of
February 4, 2010, sixteenth considering paragraph.
8
Cf. Case of Blanco Romero et al. v. Venezuela. Merits, reparations and costs. Judgment of November
28, 2005. Series C No. 138, paras. 94 to 98 and 99.
5