investigations begin, which means that with said decision, domestic remedies were not
exhausted, but that it was necessary to pursue those indicated by the court.
20. The Venezuelan State mentions that the Court has established that the legal duty of the
states is to investigate human rights violations that have taken place in its jurisdiction, noting
that this is an obligation of means, but not of results, thus it is not breached when the desired
result is not attained, and that the violation of this duty actually occurs when the state
apparatus acts so as to impede an adequate investigation into the facts, such that the violation
remains in total impunity.
21. It also notes that with respect to the decision to deny the writ of habeas corpus, review
through the Constitutional Chamber is proper; the Constitutional Chamber which may declare
the nullity of the decision for a new habeas corpus proceeding to begin, as has occurred in the
case of the disappearance of Mr. Monasterios, 1 in which the Constitutional Chamber first
declared admissible the amparo filed by the Human Rights Ombudsman for the Caracas
Metropolitan Area against the judicial decision denying the habeas corpus, in a case related to
an alleged forced disappearance. The Chamber adduced that the two appeals allowed in the
case of an amparo action had already been exhausted, thus there was no place for a new
constitutional amparo: the right to prompt and effective judicial protection of constitutional
rights should have been considered satisfied (judgment of April 25, 2000). Yet later the same
Constitutional Chamber decided to exercise the exceptional and discretional power of review
provided for at Article 336(10).
22. The State further notes that at the initiative of the Public Ministry, one can accede to a
constitutional review and then initiate criminal actions for the purpose of clarifying the facts
and determining the whereabouts of the disappeared person; and that so long as the person
has not been found alive and the corpse has not been found, the investigation has not
concluded, and, accordingly, domestic remedies have not been exhausted.
IV.
ANALYSIS
A.
Competence ratione personae, ratione materiae, ratione temporis, andratione
loci of the Inter-American Commission
23. The petitioners are authorized by Article 44 of the American Convention to submit
complaints to the IACHR. Those complaints name as alleged victims individuals with respect to
whom Venezuela undertook to respect and ensure the rights enshrined in the Convention. As
regards the State, the Commission observes that Venezuela is a state party to the American
Convention, having ratified it on August 9, 1977. In addition, the IACHR observes that as
regards passive competence ratione personae, it is a general principle of international law that
the State must answer for the acts of all its organs, including those of its Judiciary.
Accordingly, the Commission is competent to take up this petition.
24. The Commission is competent ratione loci to take cognizance of this petition insofar as it
alleges that rights protected in the American Convention were violated in the territory of a
state party to that Convention.
25. The Commission is competent ratione temporis, as the facts set forth in the petition are
alleged to have taken place when the obligation to respect and ensure the rights established in
the Convention were already in force for the Venezuelan State. With respect to the arguments
on possible violations of the Inter-American Convention on Forced Disappearance of Persons,
the Commission observes that Venezuela ratified it on January 19, 1999. Consequently, the
facts that are the subject matter of this case are alleged to have taken place when this
international instrument was in force in Venezuela.
1
Judgment of the Constitutional Court of the Supreme Court of Venezuela, of August 14, 2000.
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