25
local community and a kind of list, were cleansing the zone by assassinating everyone linked to the
guerrillas.123
108.
In short, there were indicia of links between the local mayor's office and paramilitary
groups, which, in turn, were reputedly in possession of a list on which Joe Luis Castillo González appeared as
a target for elimination. Mention was also made of an alleged link between those groups and National Guard
intelligence units. There were even said to be cooperation ties, for instance, through the use of official
vehicles.
109.
The Commission reiterates that faced with evidence of this nature, which would appear
directly to engage the State’s international responsibility by acquiescence, collaboration, or participation, the
authorities in charge of the investigation should have made every effort to clarify any possible responsibility
or involvement on the part of State authorities in a violation of the right to life. Thus, it was up to the State to
carry out a thorough, meaningful, and diligent investigation to prove or disprove the evidence of involvement
of State agents. As will be described in the section concerned with the rights to a fair trial and judicial
protection, the State ordered the closure of the case without pursuing logical lines of enquiry that arose from
the evidence to hand, without performing procedures that might lead to the identification of those
responsible, and, most particularly, without seriously examining the possible involvement of State
authorities.
110.
The Commission also observes that it was incumbent on the State authorities to take into
account the work that Joe Luis Castillo González did as a human rights defender. Specifically, Joe Luis Castillo
González carried out work that involved the provision of assistance and advisory services to refugees and
asylum-seekers in the border zone. In the course of work, in 2001, Joe Luis Castillo González requested the
IACHR to grant precautionary measures on behalf of 52 asylum-seekers.124 As noted, in the framework both
of the precautionary measures and of the instant petition, two persons were subsequently murdered by
alleged Colombian paramilitaries.125 Joe Luis Castillo González also provided legal counsel to peasants who
were in dispute with land owners over the ownership of land, several of whom were subsequently murdered
in an apparently selective manner and in circumstances yet to be clarified.126
111.
Therefore, the Commission finds that despite the existence of different indicia that suggested
the participation, acquiescence, or collaboration of State agents in the killing of Joe Luis Castillo González, the
State set aside the investigation without effectively investigating them. In that connection, the European
Court of Human Rights has held,
123
El Universal newspaper, September 21, 2003. Office of the 20th Public Prosecutor for the Judicial District of the State
of Zulia, Case 24-F20-817-2003, page not numbered Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not
contested by the State.
124
MC-176/01, Manuel de Jesús Pinilla Camacho et al. Precautionary Measures granted on March 12, 2001. See
http://www.cidh.oas.org/medidas/2001.eng.htm.
125
According to information supplied by those who requested the precautionary measure, two beneficiaries of the
measure, Manuel de Jesús Pinilla Camacho and his son's Nelson Pinilla, were murdered on November 4, 2001. They say that
according to information from the authorities, both were members of the Camilo Cienfuegos Front of the National Liberation Army
(ELN for the Spanish) and had been involved in the extortion of cattle ranchers. Other information collected suggested that both
were members of the 33rd Front of the Revolutionary Armed Forces of Colombia (FARC for the Spanish). Record in Case MC176/01, Manuel de Jesús Pinilla Camacho et al. Precautionary Measures granted on March 12, 2001.
126
Programa Venezolano de Educación – Acción en Derechos Humanos (PROVEA). Annual Report October 2001 September 2002. Available at http://www.derechos.org.ve/proveaweb/wp-content/uploads/006_derecho_a_la_tierra.pdf. Luis Mora
Durán, a campesino leader and member of the Patria para Todos [Homeland for All] party was murdered on January 10, 2001;
Wilmer Avendaño, a leader of the majority of the South of Lake Maracaibo land committees was slain at his home on February 2,
2001; Licinio Lago, a member of the Movimiento Quinta República (MVR) [Fifth Republic Movement] was assassinated on October
30, 2001; Pedro José Doria, a doctor and agrarian leader was murdered on August 25, 2002. Some weeks later Dr. Doria’s
neighbor, Carlos Parra, was murdered, as was an agrarian leader named Armando García. Annual Report October 2001 September 2002. Available at http://www.derechos.org.ve/proveaweb/wp-content/uploads/006_derecho_a_la_tierra.pdf in briefs
from the petitioners received at the IACHR on July 13, 2007 and June 22, 2010. Not contested by the State.