4 13. On December 29, 2003, the Commission, according to Article 5 of the American Convention, approved Report No. 112/03, concluding that: The State of Venezuela is liable for the violation of the following rights protected under the American Convention on Human Rights: Article 1(1) (Obligation to Respect Rights); 4(1) (Right to Life); Article 5(1) and (2) (Right to Humane Treatment); Article 7 (Right to Personal Liberty); Article 8(1) (Right to a Fair Trial); and Article 25 (Right to Judicial Protection), for the events occurred in Vargas State, between December 21 and 23, 1999, dates on which the actions that resulted in the detention and forced disappearance of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco RivasFernández by State agents started to be taken. [T]he State of Venezuela violated Articles 8 and 25 of the American Convention in relation to Article 1(1) of said Treaty to the detriment of the [alleged] victim’s next of kin. The State of Venezuela violated the right to humane treatment protected under Article 5 of the American Convention in relation to Article 1(1) of said Treaty to the detriment of the [alleged victim’s] next of kin. The State of Venezuela violated Article 1 of the Inter-American Convention on Forced Disappearance of Persons, since it is responsible for the [alleged] forced disappearance of Messrs. Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco RivasFernández […] The State of Venezuela […] violate[d] Articles 1, 2, 6 and 7 of the Inter-American Convention to Prevent and Punish Torture. In this regard, the Commission made the following recommendations to the State: 1. […] to individualize, prosecute and criminally punish the State agents that planned and perpetrated the detention and forced disappearance of Messrs. Oscar José BlancoRomero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández originating in the events occurred in December, 1999, in Vargas State, Venezuela [;] 2. [t]o adopt the measures necessary to locate and return the mortal remains of Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández to their next of kin. Furthermore, to adopt the measures deemed adequate for the next of kin to receive a just and prompt reparation for the violations declared herein on account of the pecuniary and non pecuniary damage sustained [; and] 3. [t]o adopt the measures necessary to prevent similar events from occurring in the future, in keeping with the duty to prevent violations and secure the enforcement of the fundamental rights protected under the American Convention. To this effect, it is recommended that the State of Venezuela make a public acknowledgment of its responsibility to the moral satisfaction of the victims´ next of kin and to inform Venezuelan society of the truth about the action taken in Vargas State in December, 1999, when the events that resulted in the detention and forced disappearance of Oscar José Blanco-Romero, Roberto Javier Hernández-Paz and José Francisco Rivas-Fernández took place. Said public acknowledgment by the State shall furthermore include a commitment to prevent this type of events from occurring in the future. 14. On January 30, 2004, the Commission forwarded Report No. 112/03 to the State, granting it a term of two months to notify the Commission of the measures adopted in compliance with its recommendations. 15. On January 30, 2004, the Commission, pursuant to Article 43(3) of its Rules of Procedure, informed the petitioners of the adoption of the Report and of service thereof upon the State and requested them to submit a brief stating their position regarding the possible submission of the case to the jurisdiction of the InterAmerican Court, which information was forwarded on March 2, 2004.

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