11
56.
In view of the elements of fact and law submitted by the petitioners and the nature of the
matter submitted for its review, the IACHR finds that, in the present case, it must be established that the
allegations of the petitioners regarding the alleged violation of the rights to humane treatment, to a fair
trial, to the protection of the honor and dignity, and to live a life free from violence could characterize
violations of the rights protected under Articles 5.1, 5.2, 8.1, 11.1, and 25 of the American Convention, all
in connection with Article 1.1 of said instrument, and Article 7 of the Convention of Belém do Pará to the
detriment of Linda Loaiza López. The Commission also observes that the facts may characterize a
violation of Articles 5.1, 8.1 and 25 of the American Convention to the detriment of the next of kin of Linda
Loaiza López identified in paragraph 2, note 2 of the present report.
57.
The Commission also considers that the claims involve issues related to the right to equal
protection of the law established in Article 24 of the American Convention, in relation to Article 1.1 of said
instrument, which require a detailed examination in the merits stage. The petitioners contend that the
case of Linda Loaiza López is paradigmatic of a context where acts of sexual violence remain largely
unpunished, which is a problem that disproportionately affects women as a group and fosters the
repetition of these acts. In this framework, the petitioners also argue that the absence of due diligence by
the State in investigating and punishing the person allegedly responsible for the acts of sexual violence
constituted a form of discrimination, a breach of the State’s obligation not to discriminate, and to
guarantee an access to justice in conditions of equality.
58.
The Commission shall also consider, when examining the merits of the case, the State’s
possible failure to fulfill the obligations set forth in Article 2 of the American Convention. The petitioners
allege that the Venezuelan law related to the crime of rape does not comply with current international
human rights standards, which led to impunity for the acts of sexual violence sustained by Linda Loaiza
López.
59.
The Commission also considers pertinent to review under article 5, subsets 1 and 2, the
claims of the petitioners regarding abuses and the treatment imparted on Linda Loaiza López by officials
of the justice system during the investigation of the acts denounced and the criminal proceeding
undertaken; the alleged lack of due diligence in the investigation and treatment of the crime of rape by the
authorities; and the presumed lack of response regarding the threats against Linda Loaiza López and her
family members. Within this framework, the petitioners also allege that public officials from the justice
system discredited and blamed the victim for the acts of sexual violence during the challenged
investigation and criminal proceeding, violating her honor and dignity; claims that the Commission
considers pertinent to analyze under Article 11.1 of the American Convention.
60.
The Commission considers that it does not have enough elements to establish the
characterization of a possible violation of Article 4.1 of the American Convention and therefore it must
declare that this claim is inadmissible.
V.
CONCLUSIONS
61.
The Commission concludes that it is competent to review the claims submitted by the
petitioners on the alleged violation of Articles 2, 5.1, 5.2, 8.1, 11.1, 24 and 25 of the American
Convention, all in connection with Article 1.1 of said instrument, and Article 7 of the Convention of Belém
do Pará, and that they are admissible, in conformity with the requirements set forth in Articles 46 and 47
of the American Convention. It also concludes that it is must declare inadmissible the claims regarding
the alleged violation of Article 4.1 of the American Convention.
62.
of the case,
Based on the arguments of fact and law set forth above and without prejudging the merits
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES: