28
121.
Likewise, it has indicated that the right of access to justice must ensure, within a reasonable
time, the right of the alleged victims or their next of kin, to have everything necessary done to uncover the
truth of the events and to punish those responsible. 141
122.
Bearing in mind the above precedents, the Commission will examine if in the instant case the
Venezuelan State carried out a meaningful and diligent investigation, within a reasonable time, of the facts
described in this report, as a means to guarantee the substantive rights to life and humane treatment and to
ensure access to an effective judicial remedy for human rights violations. 142 To that end, the Commission will
assess the criminal process instituted at the domestic level.
123.
In this assessment, the Commission will take into account the guidelines which, according to
the United Nations Model Protocol for a Legal Investigation of Extralegal, Arbitrary and Summary Executions
(“Minnesota Protocol”), should govern such inquiries. The above instrument sets out a number of basic
procedures: identification of the victim; recovery and preservation of evidentiary material related to the
death to aid in any potential prosecution of those responsible; identification of possible witnesses and
collection of statements from them concerning the death; determination of the cause, manner, location and
time of death, as well as any pattern or practice that may have brought about the death; distinction between
natural death, accidental death, suicide and homicide; identification and apprehension of the person(s)
involved in the death; and bringing of the suspected perpetrator(s) before a competent court established by
law.143
124.
The Commission's analysis of the evidence adduced on the criminal inquiry launched on
August 27, 2003, into the killing of Joe Luis Castillo González and the injuries to Yelitze Moreno de Castillo and
Luis César Castillo Moreno, indicates that more than seven years after the events the circumstances in which
they occurred have not yet been clarified and, therefore, the appropriate penalties have not been imposed.
The Commission finds that this time is, in itself, unreasonable and that there is nothing in the available
evidence to justify the delay. Specifically, the investigation is not overly complex since it concerns a single
victim. Furthermore, in the course thereof different evidence came to light that would seem to have made it
possible to identify the possible culprits; however, the omissions in the performance of various tests show
that the authorities in charge did not act with the necessary diligence that the instant case requires.
125.
The Commission notes that Yelitze Moreno de Castillo was interviewed on September 10,
2003,144 and based on the information she supplied, the CICPC made an artist’s sketch of one suspect. 145
Furthermore, on September 17, 2003, and January 21, 2004, she took part in the examination of photographs
of July 10, 2007. Series C No. 167, par. 131; and I/A Court H.R., Case of Zambrano-Vélez et al. v. Ecuador. Merits, Reparations
and Costs. Judgment of July 4, 2007. Series C No. 166, par. 120.
140
I/A Court H.R., Velásquez Rodríguez Case. Honduras. Judgment of July 29, 1988. Series C No. 4, par. 177; I/A Court
H.R., Case of Zambrano-Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, par.
120.
141
I/A Court H.R., Case of the “Las Dos Erres” Massacre v. Guatemala. Judgment of November 24, 2009. par. 105; Case
of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series C No. 100, par. 114; Case of
Zambrano-Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, par. 115.
142
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Judgment of November 16, 2009, par. 287; I/A Court
H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C No. 140, par. 142.
143
See U.N. Doc E/ST/CSDHA/.12 (1991). The Commission has previously relied on United Nations documents to
evaluate the basic procedures to be carried out in such cases. See IACHR. Report 10/95. Case. 10.580. Ecuador. September 12,
1995, par. 53.
144
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, Office of the
83rd Public Prosecutor for the Judicial District of Metropolitan Caracas, interview with Yelitze Lisbeth Moreno Cova, September 10,
2003, pp. 101-106. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.
145
Office of the 20th Public Prosecutor for the Judicial District of the State of Zulia, Case 24-F20-817-2003, artist’s sketch,
September 10, 2003, p. 100. Annex to the petitioners’ brief received at the IACHR on June 3, 2008. Not contested by the State.