violations thereof. As in other cases49, the Court deems it appropriate to analyze the
investigation of the facts together with the alleged violations of the right to judicial
guarantees and judicial protection. Based on the assessment carried out in the relevant part
of this Judgment (infra Chapter VI-2), the Court does not consider it pertinent to analyze
the alleged violations of the rights to life and personal integrity in light of the duty to
provide judicial guarantees in relation to the investigation of the facts.
99.
Likewise, the alleged violations of the personal integrity of Yelitze Moreno, Luis
Castillo and other relatives of Joe Luis Castillo stemming from the alleged lack of due
diligence in the investigation of the facts will be examined subsequently (infra Chapter VI2). Finally, the Court will analyze the alleged violations of the rights to honor and dignity,
and freedom of thought and expression, argued by the representatives, as well as freedom
of association mentioned both by the Commission and by the representatives (infra Chapter
VI-3).
VI-1
RIGHTS TO LIFE, TO PERSONAL INTEGRITY AND OF THE CHILD, IN RELATION TO
THE OBLIGATION TO RESPECT RIGHTS
Position of the Commission and arguments of the parties
100. The Commission emphasized that in this case “analyzing the alleged responsibility of
the State is most complex, given that there are different versions as to the background,
motivations, and even the actors involved in the attack” against Joe Luis Castillo, Yelitze
Moreno and Luis Castillo. For this reason, it conducted its analysis taking into account the
following aspects: i) the duty to prevent violations and ii) indications of direct or indirect
involvement of agents of the State agents; and, investigations at the domestic level.
101. Regarding the first hypothesis of responsibility, the Commission concluded that “it
lacks sufficient evidence to attribute to the State responsibility” for violating the duty of
prevention. It noted that, based on the evidence in the file, there were no “indications to
suggest that Jose Castillo was the target of threats or intimidation prior to his death, nor
was there any public complaint or report to the State authorities of a situation of danger or
of the need to apply prevention measures.” The Commission further indicated that, even if
the State recognized a broader situation of violence in the border zone of Zulia State, in its
view, this broad context alone is not sufficient to attribute to the State responsibility for the
violation of the duty of prevention. Moreover, the Commission considered that while there
was evidence that Joe Luis Castillo González was under observation because of his work and
was a target of certain groups in the area, that evidence only cam to light after the
investigation was opened.
102. Regarding the second supposition, the Commission pointed out that, faced with
evidence that would appear to directly suggest the State’s international responsibility
through acquiescence, collaboration, or participation of State agents in the events, the
authorities in charge of the investigation should have made every effort to clarify any
possible responsibility or involvement on the part of the State authorities in a violation of
the right to life. Thus, the State should have conducted a thorough, meaningful and diligent
49
Cf. Case of the Massacre of Pueblo Bello v. Colombia. Merits, Reparations and Costs Judgment of January
31, 2006. Series C No. 140, para. 148, and Case of Nadege Dorzema et al. v. Dominican Republic. Merits
Reparations and Costs. Judgment of October 24, 2012. Series C No. 251, para. 104.
24