4
General’s Office would perform a series of proceedings, but warned about the hindrances
they would face given the lapse of time since occurrence of the events. Lastly, they
remarked that they have not received any information on the procedures carried out by
the Attorney General's Office since that date.
11.
That at the private hearing, the representatives added that, “there are no legal
obstacles in Venezuela to progress on the investigations in a case such as El Amparo.”
They stated their satisfaction for the political willingness reflected by the State, and its
commitment to submit a schedule of compliance to the Court.
12.
That the Inter-American Commission appraised the willingness to reactivate the
investigation in the instant case as expressed by the State. Consequently, the
Commission considered that from that moment on, the State had made a commitment
to progress on the investigations diligently and to originate results in a very short term.
The Commission remarked that the State mentioned that those responsible for the
events have been fully identified “therefore, the investigations should not entail more
complexity”. Moreover, the Commission stated that “it expects that in these proceedings,
the survivors and the relatives of the victims will have access to the progress made in
the investigations and that the State will continue reporting [on such progress] to the
Court in a timely fashion”. Lastly, the Commission suggested to the State to translate
such commitment into the drafting and submission of an activity schedule for the
investigation in order to obtain “any actual expectations […] in the short or medium
term”.
13.
That the Court reminds that upon proceedings on the merits of the case, more
than fourteen years ago, the State acknowledged its international responsibility for the
violation of the human rights of fourteen murdered victims and two surviving victims.6
Later on, the Court considered in its Judgment on reparations that, given the
acknowledgment of responsibility made by the State, "the facts described in the
application were [deem]ed proven.”7
14.
That the acknowledgment of responsibility made by the State should be translated
into prompt and effective compliance with the orders of the Court by means of
reparation measures. The state should be consistent with the acknowledgment made,
and it is mandatory –given such acknowledgment, the Judgment of the Court and, above
all, the duties to respect and guarantee certain rights undertaken by sovereign power
upon ratifying the American Convention- not to repeat acts of violation and not to
support situations that are contrary to the Convention, as in the case of impunity. On
the contrary, the State should act in consistency with such acknowledgment and,
consequently, its international obligations and should comply with the Judgment passed
against it, providing reparation to the victims in proportion to the damage caused and
adopting any measures necessary to avoid repetition of similar events. Note, also, that
the initial reparation content that an acknowledgment may represent to the victims and
their relatives may vanish with the lapse of time, if State authorities remain inactive and
fail to redress the damage caused.8
15.
That the lack of justice is one of the main reasons for the victims to resort to the
Inter-American system. Similarly, the order to prosecute and punish the perpetrators
and discover the truth of the events is one of the essential decisions contained in the
judgments of the Court, since it entails a moral satisfaction to the victims; it allows to
6
Cf. Case of El Amparo v. Venezuela. Merits. Judgment of January 18, 1995. Series C No. 19, para. 20.
7
Case of El Amparo v. Venezuela. Reparations and Costs. Judgment of September 14, 1996. Series C
No. 28, para. 13.
8
Cf. Case of Molina Theissen v. Guatemala. Monitoring compliance with Judgment. Order of the Court
of November 16, 2009, Considering clause No. 18; and Case of Trujillo Oroza v. Bolivia. Monitoring compliance
with Judgment. Order of the Court of November 16, 2009, Considering clause No. 51, and Case of MonteroAranguren et al. (Detention Center of Catia) v. Venezuela. Monitoring compliance with judgment. Order of the
Inter-American Court of Human Rights of November 17, 2009, Considering clause No. 14.