REPORT No. 23/09 1
PETITION 1133-05
ADMISSIBILITY
RAÚL JOSÉ DÍAZ PEÑA
VENEZUELA
March 20, 2009
I.
SUMMARY
1. On October 12, 2005, the Inter-American Commission on Human Rights (hereinafter “the
Commission”) received a petition submitted by Patricia Andrade of the organization Venezuela
Awareness Foundation (hereinafter "the petitioner") alleging the responsibility of agents of the
Bolivarian Republic of Venezuela (hereinafter “the State,” “the Venezuelan State,” or
"Venezuela") for the alleged illegal detention of Raúl José Díaz Peña (hereinafter "the alleged
victim") on February 25, 2005, the irregularities in the criminal proceeding against him, and
his conditions of detention at the Directorate of Intelligence and Prevention Services (DISIP:
Dirección de los Servicios de Inteligencia y Prevención) at El Helicoide, Caracas.
2. The petitioner argues that the State is responsible for violating the right to humane
treatment, to a fair trial, and the right to privacy, provided for at Articles 5, 8, and 11 of the
American Convention on Human Rights (hereinafter also “the American Convention” or “the
Convention”). During the processing of the petition, violations were also alleged of the right to
life, the right to personal liberty, the right of assembly, the right to equal protection, and the
right to judicial protection, provided for at Articles 4, 7, 15, 24, and 25 of the American
Convention in relation to the obligation to ensure the rights, established at Article 1(1) of the
Convention. 2
3. After examining the parties’ positions and in compliance with the requirements set forth at
Articles 46 and 47 of the American Convention, the Commission decided to declare the case
admissible for purposes of examining the alleged violation of Articles 5, 7, 8, 25, in connection
with the obligations established at Article 1(1) and, in application of the principle ofiura novit
curia, in connection with the obligations established at Article 2 of the American Convention.
The Commission decided to declare the petition inadmissible with respect to the alleged
violations of Articles 4, 11, 15, and 24 of the American Convention. It also decided to give
notice of the report to the parties, and to order its publication.
II.
PROCESSING BEFORE THE COMMISSION
4. On October 12, 2005, the Commission received the initial petition, which was registered
under number P1133-05. Along with the initial petition, the petitioner filed a request for
precautionary measures on behalf of the alleged victim, which was granted by the Commission
on October 31, 2005. 3 The precautionary measures are in force as of the date of adoption of
this report.
1 In keeping with Article 17(2) of the Commission’s Rules of Procedure, Commissioner Luz Patricia Mejía, of
Venezuelan nationality, did not participate in the deliberations or decision in the instant case.
2 Briefs from the petitioner received at the IACHR on June 29, 2007, and October 2, 2008.
3 IACHR, Annual Report 2005, Chapter III, Precautionary measures granted or extended by the IACHR in 2005. “On
October 31, 2005, the Commission granted precautionary measures in favor of Raúl Jose Díaz Peña. The information
available indicates that Mr. Díaz has been detained at the Investigations Division of the Intelligence and Prevention
Services Directorate (DISIP), El Helicode facility, in Caracas, since February 25, 2004, in cells that lack natural
ventilation and have no sources of air or daylight. Given the situation of the beneficiary, the IACHR asked the
Venezuelan State to instruct the competent authorities to carry out medical examinations in order to assess the
beneficiary’s health and provide him with the specialized treatment he requires, to transfer him to a preventive
detention center where he is guaranteed access to decent living conditions, natural light, fresh air, and exercise, and,
until he is effectively transferred from the DISIP to a preventive custody facility, to ensure him the guarantees
necessary to preserve his physical, mental, and moral integrity. The Commission also asked the State to guarantee
that Mr. Díaz would not face reprisals in connection with his proceedings before the inter-American human rights
system.”
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