alleging that they had been subjected to the arbitrary deprivation of liberty during the
criminal proceedings in which they were acquitted. This request was, in the first place,
favorably accepted by the Second Trial Court of Maracaibo, which ordered that the
Prosecutor General of the Nation should pay compensation. After that body appealed the
decision, it was left without effect by a decision of November 26, 2001, when the Court
of Appeals ordered “the absolute nullification of the proceedings and the appealed
decision” (supra paras. 65 to 67).
163. A reading of the decision of November 26 shows that the Court of Appeals held
that the Second Court did not respect due process because it incorrectly applied
procedural norms. The Court of Appeals explained that the provisions that were applied
by the Second Court provided for an action of compensation in cases of convictions and
that those provisions were considered erroneously by the Second Court in a case in
which there was no conviction, but rather an acquittal (supra para. 67).
164. In the first place, it should be noted that it is not for the Inter-American Court to
evaluate whether the decision of November 25 is or is not in accord with the applicable
domestic law of Venezuela. In the second place, it should be pointed out that it is not
evident from that decision, nor from the other facts in this case, that the Venezuelan
legal system obstructed access to justice for attempts to claim measures of reparation
for the deprivation of liberty in violation of the American Convention. The Court neither
affirms nor denies that it was so, only that it has not been proven in this case. There are
no elements that would permit the assertion that the victims had been blocked from
other possible judicial or other actions or that the Second Court could not have accepted
their request on the basis of different legal grounds. In other words, the facts examined
allow establishing that the victims’ claim of compensation was not satisfied, but not that
the State, through its domestic legal order or for other reasons, blocked their access to
remedies.
165. As to the remedies filed by the victims against the decision of the Court of
Appeals, there are no allegations of violations to provisions of the Convention and that
the remedies were rejected on the basis of provisions of domestic law, which is not for
this Court to analyze.161
166. The Inter-American Court, therefore, concludes that the State is not responsible
for the violation of Article 25(1) of the American Convention.
VII.4
RIGHTS TO LIFE,162 TO PERSONAL INTEGRITY163 AND TO JUDICIAL
GUARANTEES164 IN RELATION TO THE ATTACKS AGAINST OLIMPIADES
GONZÁLEZ AND HIS DEATH
A) Arguments of the Commission and of the parties
Cf., In the same sense, Case of the Indigenous Community of the Lhaka Honhat Association (Our
Land ) v. Argentina, para. 304.
161
162
Article 4 of the American Convention on Human Rights.
163
Article 5 of the American Convention on Human Rights.
164
Article 8 of the American Convention on Human Rights.
42