Inter-American Court of Human Rights
Case of Montero-Aranguren et al (Detention Center of Catia) v.
Venezuela
Judgment of July 5, 2006
(Preliminary Objection, Merits, Reparations and Costs)
In the Case of Montero-Aranguren et al (Detention Center of Catia),
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court”,
or “the Court”,) composed of the following judges**:
Sergio García-Ramírez, President;
Alirio Abreu-Burelli, Vice-President;
Antônio A. Cançado Trindade, Judge;
Cecilia Medina-Quiroga, Judge;
Manuel E. Ventura-Robles, Judge; and
Also present,
Pablo Saavedra-Alessandry, Secretary; and
Emilia Segares-Rodríguez, Deputy Secretary;
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and Articles 29, 31,
53(2), 55, 56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules
of Procedure”,) delivers the following Judgment.
I
INTRODUCTION TO THE CASE
1.
On February 24, 2005, pursuant to the provisions of Articles 50 and 61 of the
American Convention, the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) filed before the Court an
application against the Bolivarian Republic of Venezuela (hereinafter “the State” or
“Venezuela”), originated in Petition number 11,699, received by the Secretariat of
the Commission on November 12, 1996.
2.
The Commission filed the application in the instant case in order for the Court
to determine whether the State violated the rights embodied in Article 4 (Right to
Life) and Article 5 (Right to Humane Treatment) of the American Convention as
regards to Article 1(1) (Obligation to Respect Rights) of the same, in detriment of
the detainees that allegedly died in an operation carried out on November 27, 1992
in the Retén e Internado Judicial de “los Flores de Catia” (Judicial Detention Center
of the Flores of Catia) (hereinafter called “Detention Center of Catia”.) Furthermore,
the Commission requested the Court to determine that the State violated the rights
**
Judges Oliver Jackman and Diego García-Sayán informed the Court that, due to reasons beyond
their control, they would not be able to attend the deliberation and signing of this Judgment.