investigated the violations committed within the prison that day to the detriment of all the victims, and that six
years since the official close of the investigation the trial still has not been completed, the Commission finds
that the potential complexity of the matter is not enough to justify the delay, and therefore the reasonable time
period standard has clearly been violated.
86.
Based on these considerations, the Commission concludes that the State of Venezuela is
responsible for the violations of the rights to fair trial and judicial protection enshrined in articles 8.1 and 25.1
of the American Convention in conjunction with the obligations established in Article 1.1 of the same
instrument, to the detriment of the injured victims and the relatives of the deceased victims identified in this
report.
D.
Right to personal integrity of the relatives of the deceased victims in conjunction with
Article 1(1) of the Convention.
87.
The Commission and the Inter-American Court have found that the relatives of victims of
certain human rights violations can themselves be considered victims. 152 The Court has found that their
psychological and moral integrity can be affected as a result of the particular situation suffered by victims, as
well as by subsequent actions or omissions of domestic authorities in response to such acts.153
88.
In this case, the Commission has established that the Venezuelan State is internationally
responsible for the deaths of the seven victims, and that the investigation of those deaths was not conducted
with due diligence. Under such circumstances, the Court has found that:
the absence of a complete and effective investigation into the facts constitutes a source of additional
suffering and anguish for victims and their next of kin, who have the right to know the truth of what
happened. This right to the truth requires a procedural determination of the most complete historical
truth possible, including the determination of patterns of collective action and of all those who, in
different ways, took part in the said violations, as well as their corresponding responsibilities.154
89.
The Commission finds that the loss of loved ones in circumstances described in this report, as
well as the lack of truth and justice, caused pain and suffering to the detriment of Lorenza Josefina Pérez de
Olivares, Elizabeth del Carmen Cañizales Palma, Elías José Aguirre Navas, Yngris Lorena Muñoz Valerio, José
Luis Figueroa, Jenny Leomelia Reyes Guzmán, and Johamnata Martínez Coralis, in violation of their right to
psychological and moral integrity established in Article 5.1 of the American Convention, in conjunction with
the obligations contained in Article 1.1 of the Convention.
V.
CONCLUSIONS AND RECOMMENDATIONS
90.
Based on the considerations of fact and of law, the Inter-American Commission concludes that
the State is responsible for the violation of articles 4.1 (life); 5.1 and 5.2 (humane treatment); 8.1 (fair trial);
and 25.1 (judicial protection) of the American Convention, in conjunction with the obligations established in
articles 1.1 and 2 of the Convention.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE STATE OF
VENEZUELA,
1.
Provide comprehensive reparations for the human rights violations declared in this report
both for material and immaterial damage. The State must adopt the measures to provide economic
compensation and satisfaction.
IACHR. Report No. 11/10. Case 12,488. Merits. Members of the Barrios Family (Venezuela). March 16, 2010. 91; IACHR. Report on
Terrorism and Human Rights (2002), para. 227; I/A Ct. H.R. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Judgment of July 10,
2007, para. 112; Case of Bueno Alves v. Argentina. Judgment of May 11, 2007, para. 102.
153 I/A Ct. H.R.. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Judgment of July 10, 2007, para. 112; Case of Vargas Areco v.
Paraguay. Judgment of September 26, 2006, para. 96.
154 I/A Ct. H.R.. Case of Valle Jaramillo v. Colombia. Judgment of November 27, 2008, para. 102; Case of the “La Rochela Massacre” v. Colombia.
Judgment of May 11, 2007, para. 195; Case of Heliodoro Portugal v. Panama. Ecuador, judgment of August 12, 2008, para. 146.
152
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