violation of the right to personal integrity contained in Article 5(1) of the American Convention
to the detriment of Robert Díaz Loreto.
94.
In addition, this Court has already referred to the inconsistencies in the calculation of
the time it would have taken the police patrol car to reach the Corinsa Social Security clinic,
and the State did not provide a reasonable and satisfactory explanation (supra para. 81).
During that time, which was at least 45 minutes more than the time required to drive from
the scene of the incident to the health center, Robert Díaz Loreto was in police custody.
Therefore, the Court finds that the State is responsible for violating the right to personal
liberty contained in Article 7 of the American Convention to the detriment of Robert Diaz
Loreto.
95.
Consequently, the State is responsible for a violation of the right to personal integrity
contained in Article 5(1) of the American Convention and the right to personal liberty
contained in Article 7 of the American Convention, in relation to Article 1(1) of this instrument,
to the detriment of Robert Díaz Loreto.
B.3. Obligation to adopt domestic legal provisions
96.
The Court has indicated that States must create an adequate legislative framework
that dissuades any threat to the right to life. Consequently, domestic laws must establish
parameters that are sufficiently clear concerning the use of lethal force and firearms by state
agents.119 In the instant case, it has been verified that the Venezuelan State has had a Code
of Conduct for Members of the Police Forces since October 14, 1993. 120 The regulations
expressly include the Code of Conduct for Law Enforcement Officials and the United Nations
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The
representatives failed to explain how these regulations did not comply with the international
standards in force at the time of the facts of this case.
97.
Consequently, the Court does not have sufficient evidence to rule on the State’s
responsibility for a violation of the obligation to adopt domestic legal provisions contained in
Article 2 of the American Convention.
VII.2.
RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION
(ARTICLES 1(1), 8(1) AND 25 OF THE AMERICAN CONVENTION)
A. Arguments of the parties and of the Commission
98.
The Commission indicated that: (a) the measures undertaken to investigate the
deaths of Robert Ignacio Díaz Loreto, David Octavio Díaz Loreto and Octavio Ignacio Díaz
Álvarez were neither adequate nor sufficient to satisfy the State’s obligation to conduct an
exhaustive and diligent investigation; (b) the case file of the initial investigation before the
CICPC reveals that the basic assumption used was the version of the confrontations; (c) in
view of the existence of two versions, the competent authorities failed to address both lines
of investigation seriously and impartially, or to require all the necessary and relevant evidence
to elucidate the facts; (d) there is no record that they followed up on a line of investigation
related to the possible connection of the facts to the context of extrajudicial executions in
Cf. Case of Montero Aranguren et al. (Retén de Catia) v. Venezuela, para. 75, and Case of Valencia Hinojosa
et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of November 29, 2016. Series C
No. 327, para. 136.
119
Cf. Regulations for the Coordination of Police Services and Code of Conduct for Members of the Police Forces,
Official Gazette, No. 35,317 of October 14, 1993 (evidence file, folios 6372 to 6403).
120
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