According to this version, the operation had continued to try and capture the two individuals
who had fled and who escaped in a car. Statements indicated that one of them fired his gun
through the car window at the police detail that was pursuing them until the officers were
able to hit the back tire of the vehicle. At that time, the driver of the car had been able to get
out of the vehicle, while the two passengers again offered armed resistance. As a result, they
were severely wounded and therefore taken to the nearest hospital where they were
pronounced dead on arrival. Moreover, according to this version, following this incident, two
firearms had been found near the place where the events took place, which allegedly
corresponded to those used in the confrontation. This version is revealed by the police records
and interviews with CSOPEA officials and witnesses, and ballistic and forensic evidence (supra
para. 41).
a) The context
66.
Both the Commission and the representatives recalled that, at the time these events
took place, a context of extrajudicial executions by police officers existed in Venezuela and,
in particular, in Aragua state (supra para. 29). Thus, as indicated in the 2003 Ombudsman’s
Report that context could be identified by “certain patterns of police conduct” with the
following characteristics: (a) the official version of the police forces generally referred to the
death of the victims during an alleged confrontation; (b) generally, the victims were
intercepted and killed in or near their homes, or during police operations or raids; (c) the
incident occurred in the presence of witnesses who state that the victim was alive when
arrested; (d) in numerous cases, the victims are injured when placed in vehicles; (e) in many
cases, among other matters, the scene where the execution took place is altered, the victim
is taken to a different place from where the incident occurred, and weapons and psychotropic
substances are planted; (f) balaclava helmets are used to hide the identity of the officers and,
in some cases, vehicles without license plates or taxis are used for official patrols and
individuals subsequently appear dead in the hospital or the morgue; (g) in most cases the
victims have been shot numerous times while, in some cases, there are evident signs of
torture, and (h) the family members and witnesses are generally threatened and harassed by
the police after reporting the facts.76 As mentioned, the State has not contested the existence
of this contextual framework, but indicated that this case does not comply with several of its
characteristic elements (supra para. 55).
67.
In this regard, it is worth recalling, first, that despite the foregoing and the general
situation that might exist in that region and in others in Venezuela, it is not sufficient that, in
the region, there is a general situation or context of violations of human rights by state officials
in order to prove State responsibility for breaching the obligation to ensure rights in relation
to the actions of its agents. It is also necessary that the State’s obligation to respect rights
has been violated in the particular circumstances of the specific case.77
68.
In this regard,
or private individuals
each case.78 Also, as
which the context of
the Court recalls that a State’s responsibility for the acts of state agents
must be determined based on the particularities and circumstances of
regards the circumstantial evidence, indications and presumptions on
human rights violations similar to those present in the case is based,
Cf. Report of the Ombudsman, 2003 (evidence file, folios 184-bis-59 and 184-bis-60). See also, Opinion
provided by expert witness Lisandro Raúl Cubas during the public hearing of this case on January 31, 2019.
76
Cf. Case of Yarce et al. v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of
November 22, 2016. Series C No. 325, para. 180, and Case of López Soto et al. v. Venezuela. Merits, reparations
and costs. Judgment of September 26, 2018. Series C No. 362, para. 148.
77
Cf. Case of the “Mapiripán Massacre” v. Colombia. Merits, reparations and costs. Judgment of September
15, 2005. Series C No. 134, para. 113, and Case of Osorio Rivera and family members v. Peru. Preliminary objections,
merits, reparations and costs. Judgment of November 26, 2013. Series C No. 274, para. 150.
78
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