REPORT No. 80/17
CASE 12.662
REPORT ON THE MERITS
ROBERT IGNACIO DÍAZ LORETO, DAVID OCTAVIO DÍAZ LORETO,
OCTAVIO IGNACIO DÍAZ ÁLVAREZ AND FAMILY MEMBERS
VENEZUELA
JULY 5 2017

I.

SUMMARY

1.
On March 14, 2007, the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission,” “the Commission” or “the IACHR”) received a petition lodged by Luis Aguilera
in his capacity as Secretary General of the Commission for Human Rights Justice and Peace (Comisión de
Derechos Humanos de Justicia y Paz ) of the State of Aragua and by Mrs. Juana Emilia Díaz Loreto (hereinafter
“the petitioners”) alleging international responsibility of the Bolivarian Republic of Venezuela (hereinafter
“the State,” “the Venezuelan State” or “Venezuela”) for the death of brothers Robert Ignacio and David Octavio
Díaz Loreto, as well as their father, Octavio Ignacio Díaz Álvarez (hereinafter “the alleged victims”), on
January 6, 2003, reputedly committed by police agents of the Security and Public Order Force of the State of
Aragua, Venezuela. It was also alleged that these acts and the suffering endured by the family members as a
consequence thereof remain in impunity. The petitioners claimed that the instant case took place in a context
of extrajudicial executions in Venezuela.
2.
In response, the State contended that domestic court cases were prosecuted with strict
adherence to due process protections and in keeping with Venezuelan law, as well as with international
instruments. It argued that several officers of the security force allegedly involved were investigated and
prosecuted for the incidents. The State alleged that the investigation was conducted within a reasonable
period of time and that, because of the complexity of the case; the proceedings were not marred by any
unwarranted delay. It claimed that it had respected the principles of effective judicial protection. Lastly, the
State contended that its right to a defense was violated because of several procedural issues relating to the
admissibility of the petition.
3.
After examining the positions of the parties, the Inter-American Commission concluded that
the Venezuelan State is responsible for the violation of the rights established in Articles 4.1, 5.1, 7.1, 8.1 and
25.1 of the American Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”), in connection with the obligations set forth under Article 1.1 of said instrument, to the
detriment of the Diaz Loreto family, who are named throughout the instant report. The IACHR further makes
the attendant recommendations hereafter.
II.

PROCEEDINGS

4.
The petition was received on March 14, 2007 and the Commission approved admissibility
report No. 51/08 on July 24, 2008.1
5.
On July 30, 2008, the Commission notified the parties of said report and placed itself at their
disposal in order to reach a friendly settlement. Additionally, the petitioners were granted a two-month
period to submit their additional observations on the merits, which were received on May 9, 2012. In said
written submission, they expressed their interest in pursuing a friendly settlement.
6.
On May 16, 2012, the IACHR forwarded said communication to the State and granted it a
three-month period to submit its additional observations on the merits. On August 17, 2012, The State’s
1 IACHR, Report No. 51/08. Petition 299-07. Roberto Ignacio Díaz Loreto et al (Venezuela). July 24, 2008. Available at:
http://www.cidh.oas.org/annualrep/2008sp/Venezuela299-07.sp.htm

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