5
when, according to the former Minister of Defense, Ítalo del Valle Alliegro,
there were illegal armed groups in Venezuela. In his words, this plan “was
executed, despite the length of time [that had elapsed] without implementing
it”; however, “it had to be revised and updated in view of the new
circumstances”;
k.
two non-governmental organizations that carried out investigations in
situ, as well as international experts, agreed that most of the deaths were
due to indiscriminate firing by agents of the Venezuelan State, while others
resulted from extrajudicial executions. They also agreed that the members of
the armed forces opened fire against crowds and against homes, which
caused the death of many children and innocent people who were not taking
part in criminal acts;
l.
the victims included seven children and five women. Of the 44 cases,
18 occurred on March 1, 1989, or later although the events had ceased as of
February 28 that year when, according to Venezuelan Government reports,
the situation was completely controlled; 11 victims were killed in their homes,
five of these during curfew hours, and the other seven cases were typical of
extrajudicial executions. Regarding the circumstances of death, 14 of the
victims died as a result of head injuries caused by firearms, three of them
received bullets in the neck, 14 in the thorax or abdomen, and five were shot
in the back. Another four victims disappeared in the area controlled by the
Army and the Metropolitan Police and, to date, there has been no information
on their whereabouts. Furthermore, 32 of these cases were pending before
military tribunals or were heard by military tribunals (although some of them
also being processed under civil jurisdiction) and in none of the cases has
there been a judgment that identifies those responsible and establishes the
corresponding penalties.
m.
in the cases that are the subject of this application, there was a
common pattern of behavior characterized by the disproportionate use of the
armed forces in the poorer residential districts. This behavior included hiding
and destroying evidence as well as the use of institutional mechanisms that
have ensured the impunity of the acts;
n.
in the days following the events, the State, through the Executive,
ordered that an undetermined number of corpses should be buried in mass
graves in the sector known as “La Peste I and II of the Southern General
Cemetery of Caracas in order to ‘comply with specific health-related
instructions’”;
o.
at the time the application was presented - nine years after the
exhumations were carried out - investigations remain at the summary
proceedings stage which was secret; “this means that, ten years after the
events occurred, the victims’ next of kin have not been able to gain access to
the file papers or ascertain whether the tribunal hearing the case has issued
an interlocutory order”. When the victims’ next of kin were informed of the
burial, they immediately approached the competent national authorities in
order to seek and claim the corpses. At first, state officials publicly denied
the existence of mass graves, but the victims’ next of kin presented a series
of proofs to the Venezuelan domestic jurisdictional bodies that established
the existence of mass graves in the Southern General Cemetery.