8
41.
The State considers that the allegations of the petitioners regarding the failure to prevent
and to effectively sanction the crime of rape are not even moderately substantiated by serious arguments.
It alleges that the injuries inflicted upon Linda Loaiza López were not perpetrated by government officials
and, therefore, the Venezuelan State cannot be held liable for them. The State agrees with the
petitioners when they assert that the international concept of rape has changed recently, which is
reflected both in Venezuelan society and in its legislation. The State indicates that the Criminal Code in
Venezuela in 2001 provided the following with respect to the crime of rape in its Article 375: “whoever by
means of violence or threats has forced any person, whether of one sex or the other, to engage in sexual
intercourse, shall be sentenced to imprisonment for five to ten years….” It indicates that the reform of the
Criminal Code in 2005 constituted an advance by providing a more flexible understanding of what is
meant by the “crime of rape” in the Venezuelan legal system.
42.
The State disagrees with the assertion by the alleged victims regarding the protection
measures requested by the petitioners. It indicates that, on December 29, 2006, Linda Loaiza López
requested measures of protection, as a result of which the Nineteenth District Prosecutor’s Office with full
authority nationwide and the Superior District Attorney’s Office of the Metropolitan Area of Caracas
ordered the Twenty-Sixth Control Court of First Instance of the Criminal Circuit Court of the Metropolitan
Area of Caracas to issue measures of protection for the benefit of the alleged victim. These included
continuous patrols and police stationing at the place of residence of the victim, for which it appointed
Metropolitan Police Officers. Therefore the Venezuelan State concludes that there was no violation of
Article 7(d) of the Belém do Pará Convention which refers to the adoption of “legal measures to require
the perpetrator to refrain from harassing, intimidating or threatening the woman or using any method that
harms or endangers her life or integrity, or damages her property.”
43.
The State finally points out that it guarantees gender equality as a human right as
embodied in Article 21 and other provisions of the Constitution of the Bolivarian Republic of Venezuela. It
provides abundant information about a series of actions undertaken to improve the living conditions of
Venezuelan women, such as the establishment of the National Women’s Institute (hereinafter referred to
as “INAMUJER”), the adoption of the Law on Equal Opportunities for Women in 1999, and the Law on the
Right of Women to a Life without Violence, among other measures.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence
44.
The petitioners are authorized, in principle, by Article 44 of the American Convention to
lodge petitions with the Commission. The petition indicates individual persons as alleged victims,
regarding whom the State of Venezuela has pledged to respect and guarantee the rights enshrined in the
American Convention. Regarding the State, the Commission points out that Venezuela has been party to
the Convention since August 9, 1977, the date on which it deposited the respective instrument of
ratification, and it is also party to the Belém do Pará Convention since February 3, 1995. The
Commission is therefore competent ratione personae to examine the petition.
45.
The Commission is also competent ratione loci to hear the petition, because the alleged
violations of the rights protected by the American Convention and Belém do Pará Convention were said
to have occurred within the territory of Venezuela, which is a State party to the above-mentioned treaties.
The Inter-American Commission is also competent ratione temporis because the obligation to respect and
guarantee the rights protected under the American Convention and Belém do Pará Convention was
already in force on the date the facts alleged in the petition were said to have occurred. Finally, the
Commission is competent ratione materiae, because the petition reports the possible violation of human
rights protected under the American Convention and the Belém do Pará Convention.
B.
Exhaustion of domestic remedies
46.
According to Article 46(1)(a) of the American Convention, for a case to be admissible, it
must make sure “that the remedies under domestic law have been pursued and exhausted in accordance