4, 5, 8, and 25 of the American Convention, in compliance with the obligations arising from
Article 1(1) thereof.
B.
State
27. The Commission has received no reply from the State regarding the admissibility of the
petition, in spite of due notice having been served.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Preliminary considerations
28. The IACHR notes that the State has neither responded to the petitioner’s claims nor
questioned the admissibility of the petition. The IACHR would like to stress the fact that
Venezuela has assumed a series of international obligations under the American Convention on
Human Rights, including those set forth in Article 48(1)(a) thereof, to wit: “When the
Commission receives a petition or communication (...) (a) it shall request information from the
government of the state indicated as being responsible for the alleged violations (...) This
information shall be submitted within a reasonable period (...) The Commission may request
the states concerned to furnish any pertinent information.” States parties are thus required by
the Convention to provide the information that the Commission requests for the purpose of
processing a case.12
29. In the Commission’s view, it should also be noted that the information it requests will
presumably enable it to reach a decision in a case that has been brought before it. The InterAmerican Court of Human Rights has ruled that cooperation by states is a basic obligation in
international proceedings under the inter-American system:
In contrast to domestic criminal law, in proceedings to determine human rights violations
the State cannot rely on the defense that the complainant has failed to present evidence
when it cannot be obtained without the State’s cooperation.
The State controls the means to verify acts occurring within its territory. Although the
Commission has investigatory powers, it cannot exercise them within a State’s
jurisdiction unless it has the cooperation of that State.13
30. The IACHR and the Inter-American Court of Human Rights have also said that: “the silence
of the accused or elusive or ambiguous answers on its part may be interpreted as an
acknowledgment of the truth of the allegations, so long as the contrary is not indicated by the
record or is not compelled as a matter of law.”14 The Commission therefore reminds Venezuela
that it is obliged to cooperate with the organs of the inter-American human rights system in
the interests of the optimal performance of its duties in protecting human rights.
B.
Competence of the Commission ratione personae, ratione materiae, ratione
temporis, and ratione loci
31. The petitioner has locus standi for presenting petitions, in accordance with Article 44 of the
Convention. The petition identifies, as the alleged victims, individuals whose rights under the
Convention the Bolivarian Republic of Venezuela has agreed to respect and ensure. With
reference to the State, Venezuela has been a state party to the American Convention since
August 9, 1977. The petitioner reports acts or omissions for which responsibility can be directly
12 See, for example, IACHR Nº 129/01, Case 12.389, Admissibility, Jean Michel Richardson, Haiti, December 3, 2001,
paragraph 11.
13 Inter-Am.Ct.H.R., Velásquez Rodríguez Case (Honduras), Series C Nº 4, Judgment of July 29, 1988, paragraphs
135-36.
14 Ibid., paragraph 138; and IACHR, Report No. 28/96, Case 11.297, Guatemala, October 16, 1996, paragraph 45.
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