48
109. In the light of the abovementioned, and taking into account the admission by
the State, the Court deems that the State violated Articles 8 and 25 of the American
Convention, in relation with Article 1(1) of same, to the detriment of the next of kin
of the victims identified on paragraph 60(26) of this Judgment.
X
NON-COMPLIANCE WITH ARTICLE 2 (DOMESTIC LEGAL EFFECTS)
OF THE AMERICAN CONVENTION
110.
Article 2 of the Convention sets forth:
[w]here the exercise of any of the rights or freedoms referred to in Article 1 is not
already ensured by legislative or other provisions, the States Parties undertake to adopt,
in accordance with their constitutional processes and the provisions of this Convention,
such legislative or other measures as may be necessary to give effect to those rights or
freedoms.
111. As reported by the Commission and the representatives, and accepted by the
State, Venezuela did not adapt its domestic legislation to the American Convention,
since it did not overruled the provisions that granted military courts jurisdiction to
investigate the violations of human rights, and it has not developed policies intended
to change the penitentiary system so as to make it more professional, with the
purpose of guaranteing safety withing said premises.
112. In this aspect, the Court takes into account and appreciates that the State
has made efforts to cure such omission. Particularly, the State pointed out that
at the present time, [p]ublic [p]olicies are being developed in order to improve prison
conditions, and it is worth pointing out the Executive Order on Penitentiary System
Emergency, the Penitentiary System Humanization Programme and the promotion and
dissemination through workshops, of the [h]uman [r]ights of persons deprived of
liberty.
[…|
[A]t the present time, upon the entry into force of the Constitution of the Bolivarian
Republic of Venezuela of 1999, […] violations of human rights and crimes against
humanity […] shall be investigated and tried by the ordinary courts, which eliminates
any possibility that crimes of such kind may be tried by special courts, thus proving that
the legislative change requested by the Inter-American Commission of Human Rights
was taken into account.
113. However, this Court points out that the issues of the instant case occurred
before the efforts made by the State, and therefore it considers that the State failed
in complying with the duty imposed by Article 2 of the American Convention.
XI
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
114. In the instant case, the State admitted all the claims on reparations asserted
by the Commission and the representatives. In view of the foregoing, the Court finds
it unnecessary to summarize the claims of the parties and directly proceeds to apply
them and rule on the measures aimed at redressing the damage caused.
Duty to make reparations
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