46
105. The State must take the necessary action to reform, within a reasonable time,
its criminal legislation for the purpose of rendering it compatible with the
international standards for the protection of individuals as relating to the forced
disappearance of persons, paying special attention to the provisions in the American
Convention and in the Inter-American Convention on Forced Disappearance, so that
its criminal statutes include the punishment “of those persons or groups of persons
acting with “the authorization, support, or acquiescence of the state”, and not be
limited to “public authorities” or “persons in the service of the state.” Furthermore,
Venezuela shall take the necessary action to ensure that protection to a victim of
forced disappearance be effective when deprivation of liberty is the case, “in any
form”, and not limited to “illegitimate” deprivation of liberty.
f)
Implementing a training and education programme on the prohibition of
forced disappearance, torture and the disproportionate use of force
106. The representatives requested that the Court order the State to implement a
training programme on the absolute prohibition of forced disappearance and torture
addressed to the members of the security agencies of Venezuela. Taking into
consideration the circumstances of the instant case, the Tribunal deems fit to
reaffirm what it pointed out in the Case of the Caracazo vs. Venezuela,61 in the sense
that the State must implement, in the educational and training programmes for
Armed Forces and DISIP officers, a course on the principles and rules for the
protection of human rights, particularly the prohibition of forced disappearance,
torture and the disproportionate use of force, taking into account the case law of the
Inter-American Protection of Human Rights System, as a way to prevent recurrence
of events such as those in the instant case.
g)
Taking steps to make it easier for the minor child Aleoscar Russeth BlancoIriarte to leave the country
107. The representatives requested the State be ordered to issue a certificate
which would make it easier for the minor child Aleoscar Russeth Blanco-Iriarte to
leave Venezuela, with the previous consent of her mother, Mrs. Alejandra Josefina
Iriarte de Blanco, for she is currently going through judicial procedures for such
purpose, in the course of which she is made to remember once again the events
which befell her father, Mr. Oscar José Blanco-Romero, something which produces
anguish in her. In such sense, the Court deems it necessary for the State to take
steps in order to maker it easier for Aleoscar Russeth Blanco-Iriarte to leave
Venezuela, when she wishes to travel.
IX
COSTS AND EXPENSES
Arguments by the Commission
108. The Commission asked that the State be ordered to pay those costs and
expenses that have been duly evidenced by the representatives, considering the
particular circumstances of the instant case.
61
Case of the Caracazo. Reparations (Art. 63(1) American Convention on Human Rights). Judgment
of August 29, 2002. Series C No. 95, para. 127.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos