167. The Commission claimed that the State infringed “the duty to guarantee in its
component of prevention” the rights to personal integrity and to life of Olimpiades
González. It explained that the State had left him in a “defenseless position” and, in that
framework, there was an attempt that claimed his life in 2006.
168. The Commission explained why it believed that the State had left Olimpiades
González defenseless in the following terms: it had not duly investigated the attempt on
the life of Mr. Gonzalez in 2001 and, as a consequence, the request to extend the police
protection that had been ordered (the compliance of which, in addition, was faulty) was
denied. The Commission maintained that, if an effective investigation had been carried
out, the State could have designed protective measures regarding personal integrity in
line with the specific threats, but that was not done. It added that the State before 2001
was aware of the conflict between the González and M.F. families and that in 2004 Mr.
González informed the authorities that the person who had made an attempt on his life
in 2001 was a member of the rival family. In view of this situation, the State did not
inform on i) the steps taken in the investigation; ii) the studies of risk and iii) the
protective measures.
169. The Commission concluded, therefore, that the State violated Articles 4(1) and
5(1) of the Convention, to the detriment of Olimpiades González.
170. The Commission, when it issued is Merits Report, noted that the investigation into
the death of Olimpiades González had been prolonged for more than 10 years. It believed
that “from the available information it was evident that the State had not complied with
the duty to investigate with due diligence and within a reasonable time.” Therefore, it
maintained that Venezuela violated Article 8(1) of the Convention.165
171. The representatives agreed with the arguments of the Commission. They
expressed that Venezuela “had not been able to shed its responsibility for the death of
Olimpiades González […] since it had not presented sufficient evidence in this respect
nor did it dispute the facts surrounding the event, as detailed in the Merits Report […],
the conclusions of which they fully shared.” They asserted that the lack of a diligent
investigation “in spite of […] the existence of an important and longstanding risk that
was opportunely denounced,” was in violation of the right to personal integrity and that
the lack of protective measures, despite the State being aware of the risk to Olimpiades
González, resulted in the violation of his right to life. They added that this right was also
infringed by the lack of a timely investigation into his death.
172. On the other hand, the representatives argued that the family members of
Olimpiades González suffered great anguish and profound suffering because of his death
and that such sentiments were “perpetuated for years” because of the lack of an
investigation and the impunity.166
The Commission, in its Merits Report, in concluding that there was a violation of a reasoaable time,
did not indicate who it considered to be its victim. Later, in the same document, in arriving at its conclusions,
it stated that the State responsibility, for this and other violations, concerned the persons indicated in the […]
Merits Report.” These persons are Olimpiades González and his family members María Angélica González,
Belkis Mirelis González, Fernando González, Luis Guillermo González, Wilmer Antonio Barliza González and
Aura González, mother of Olimpiades.
165
While the representatives, in making the allegation in their brief with petitions and motions, did not
expressly indicate to which family members it referred, they did present it in such a manner as to allude to all
of the family members of Olimpiades González that they mentioned (supra para. 14). As indicated (supra
paras. 15 and 16), the Court will only examine the infringement of the right to personal integrity in relation to
those persons who have been determined to be alleged victims in the case. The Comission did not claim this
166
43