229. Furthermore, the Commission takes special note of the information in the case file about the threats and harassment reported by Johan Alexis Ortiz’s next of kin (including the assault on the home of Edgar Ortiz) as a result of their activities to seek justice. According to the complaint lodged by Edgar Ortiz and Zaida Hernández, several days after their son died they began receiving death threats and intimidating phone calls motivated by their inquiries into the case. Edgar Ortiz reported on one occasion that he felt “threatened, harassed, and persecuted” by members of the National Guard and feared for the safety of his family and that of Johan Alexis Ortiz’s mother. In addition, the case file reveals the concern they felt on learning about possible disciplinary action against their attorneys after they questioned one of the judicial decisions handed down by the military criminal court. Under these circumstances, the fear of reprisals, fear for their lives, and the possibility that their attorneys would be unable to continue their efforts also heightened the anxiety that they had been suffering over the years. Added to this is the fact that the State has also failed to investigate these circumstances or determine their possible link with the death of Johan Alexis Ortiz. 230. In light of the above, the Commission considers the loss of a loved one in a context such as the one described in the instant case, as well as the absence of a complete and effective investigation, which in turn has led to suffering and anguish at not knowing the truth, along with the intimidation that they have experienced for demanding justice, in itself to be a violation of the mental and moral integrity of the next of kin of Johan Alexis Ortiz Hernández. 231. From the information in the case file, the Commission has identified the following family members: Zaida Hernández Hernández (mother), Edgar Humberto Ortiz Ruiz (father), Martiza González Cordero, Saúl Arellano Moral, Jeckson Edgardo Ortiz González (brother), Greisy Maried Ortiz González (sister), Gregory Leonardo Ortiz González (brother), Saida Dariana Arellano Hernández (sister), and Saul Johan Arellano Hernández (brother). The Commission therefore concludes that the State of Venezuela is responsible for violating Article 5 of the American Convention, to the detriment of these individuals. VI. CONCLUSIONS 232. Based on the considerations of fact and of law stated throughout this report, the Inter-American Commission concludes that the State of Venezuela is responsible for: a) violation of the right to life and personal integrity established in Articles 4 and 5.1 of the American Convention in relation to Article 1.1 of that same instrument, to the detriment of Johan Alexis Ortiz Hernández. b) violation of the rights to the judicial guarantees and judicial protection enshrined in Articles 8 and 25 of the American Convention in connection with Articles 1.1 and 2 of that same instrument, to the detriment of Edgar Humberto Ortiz Ruiz (father) and Zaida Hernández Hernández (mother). c) violation of the right to personal integrity, enshrined in Article 5 of the American Convention, to the detriment of Zaida Hernández Hernández (mother), Edgar Humberto Ortiz Ruiz (father), Martiza González Cordero, Saúl Arellano Moral, Jeckson Edgardo Ortiz González (brother), Greisy Maried Ortiz González (sister), Gregory Leonardo Ortiz González (brother), Saida Dariana Arellano Hernández (sister), and Saul Johan Arellano Hernández (brother).

Seleccionar párrafo de destino3