14
The foregoing comments and observations in relation to the judgment from which I
dissent, are facts that serve as the basis for the questioning about the service of
administration of justice and the Venezuelan judicial system mentioned in the
judgment in the subsequent subchapter, which deals with, as this subchapter did,
the hindrance or inability of some employees of the media to do their jobs (final part
of paragraph 160) corroborated by the lack of due diligence, the procedural
inactivity, and the delay in the investigations.
Following this line of thought, it should be mentioned that the second subchapter:
a) Evidences the need to have produced the evidence invoked by the State by which
it was determined or not the participation of the victims in the events mentioned or
“that they took part of acts related to disorderly conducts” (paragraph 154)
inasmuch as the representatives denied that the aggressions suffered by the alleged
victims were the consequence of their own behavior (paragraph 153), even when, as
it was mentioned, the State raised it as ground for exemption of liability.
b) It is surprising to whom dissents, that even when the reason to accumulate the
preliminary objection of exhaustion of domestic remedies, was that the analysis of
the effectiveness of the investigations done by the State will implicate an evaluation
of the defendant in relation to its obligation on the Convention (para. 40), later it is
pointed out that the Court will not pronounce regarding the suitability and
effectiveness of the measures of protection (para. 155), this declaration is done after
I pointed that the order to adopt measures of protection does not show that the
State has protected effectively the beneficiaries of these measures (para. 154). This
sets evidence on the connection between the facts, the justice system (and inside
this one the Venezuelan justice service), and all the above with judgment aproved by
the majority.
c) Systematically makes an analysis of each one of the facts, and the sentencing
majority determined that third parties not related to the government carried out the
activities that hindered the alleged victims from doing their jobs; following this line
of thought, it concludes that because of the actions of the third parties, the State is
not responsible for the violation of the right to humane treatment. Regardless of this
consideration, it is expressly mentioned that in most of the cases, there were actions
and omissions attributable to the Venezuelan judicial system21 and the State did not
justify it; for example, it was mentioned that: The Court notes an unwarranted
procedural delay; or that there is no evidence proving that the State acted with due
diligence in the development of the investigations or at the appropriate procedural
time; or that the investigation lasted a certain period of time; or that it was ordered
the investigation after certain time; or that the first measure was adopted after a
21
“Article 253. The power to administer justice derives from the citizens and is enforced on behalf o the
Republic as mandated by law.
The bodies of the Judiciary have the responsibility of hearing the cases and matters according to their
jurisdiction, by means of the procedures determined by law and they must enforce and carry out their
decisions.
The judicial system is formed by the Supreme Tribunal of Justice, the other courts determined
by law, the Attorney General of the Republic, the Public Defender, the criminal investigation
divisions, the assistants and officers of justice, the penitentiary system, the alternative means
of justice, the citizens who participate in th e administration of justice according to the law and
the lawyers authorized to practice". The emphasis is mine.
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