these can be used, provided they lead to conclusions consistent with the facts. 79 Similarly,
there does not have to be an absolute concordance between the different element of the
contexts and the facts of the case for them to be taken into account when analyzing a specific
case. A case-by-case assessment should be made concerning the extent to which those
patterns or contexts may be used as indications, presumptions or circumstantial evidence
together with the rest of the body of evidence.
b) The analysis of the specific case
69.
With regard to the two versions of the facts of the case, first, the Court notes that it is
difficult to determine whether there was a confrontation between the police officers owing to
a report of a robbery or whether, to the contrary, the events occurred as indicated by the
representatives and the Commission. Material and testimonial evidence exists that supports
both versions and allows contradicting conclusions to be reached. Also, on two occasions, the
Venezuelan criminal courts have considered that the police officers had resorted to a
legitimate use of force and delivered acquittal judgments (supra para. 49). In this regard, it
should be recalled that this Court has repeatedly indicated that it is not a criminal court in
which the criminal responsibility of an individual can be determined. 80 Thus, under Article 1(1)
of the Convention,81 in order to establish that a violation of the rights recognized in the
Convention has occurred, it is not necessary to determine the guilt of the perpetrators or their
intentions, as under domestic criminal law, nor it is necessary to prove this beyond any
reasonable doubt, or identify individually the agents to whom the violations are attributed. 82
For the purposes of this Court, it must be convinced that acts or omissions have occurred that
can be attributed to the State and that the State had an international obligation it has failed
to meet.83
70.
Regarding the alleged robbery suffered by R.D.P. (supra para. 41) that, according to
the version argued by the State, gave rise to the series of events that culminated in the death
of the three direct alleged victims, this Court lacks evidence to determine whether or not it
actually occurred. In addition, neither the representatives nor the Commission presented
specific evidence that could call into question the credibility of the testimony of R.D.P. that
he had been the victim of a robbery prior to the first alleged confrontation.
71.
Similarly, the Court notes that it has been alleged that the use of force in this case
was illegitimate taking into account, among other matters, that the police officers did not
have a court order and that there was no situation of flagrante delicto that could have justified
them trying to arrest the three alleged victims – and this, assuming the version of the
authorities with regard to the robbery that had occurred some minutes before this event.
72.
In this regard, the Court has already indicated that it was unreasonable to completely
reject the version according to which a robbery may have taken place that justified the
attempt by the police to arrest the alleged victims some minutes later. This situation could
possibly have been in keeping with the provisions of Venezuela’s domestic law on flagrante
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 130, and Case of Osorio Rivera and family
members v. Peru, para. 150.
79
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 37,
and Case of Isaza Uribe et al. v. Colombia. Merits, reparations and costs. Judgment of November 20, 2018. Series C
No. 363, para. 83.
80
Cf. inter alia, Case of the “Five Pensioners” v. Peru, para. 163; Juridical Status and Rights of Undocumented
Migrants. Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, para. 76, and Case of Isaza Uribe et
al. v. Colombia, para. 83.
81
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 75, and Case of Isaza Uribe et al. v. Colombia, para. 83.
82
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, paras. 127 and 128, and Case of Isaza Uribe et al. v.
Colombia, para. 83.
83
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