4
the CBRV , which was developed in the Organic Law of Amparo of Constitutional Rights
and Guarantees and in some binding judgments of the Constitutional Chamber of the
Supreme Court of Justice, which could have been an effective remedy in Venezuela if
immediately or directly taken, for the case there were no regular actions capable of
protecting the persons demanding justice within the Venezuelan legal system.
It spring from the court records followed before this Court that no action for constitutional
amparo was lodged in order to protect or reestablish the rights allegedly violated or
threatened to be violated, which are enshrined and regulated, in a similar way, under the
American Convention on Human Rights, as previously discussed.
Moreover, it should be mentioned that a possible decision of amparo could have satisfied
some or all the claims contained in the petition which were transcribed supra- and that, in
a similar and expanded way, were requested by the alleged victims in its autonomous
brief- for example, by ordering the adoption of those measures necessary to prevent
that actions of the State’s agents as well as of private individuals from keep hindering the
search, reception and dissemination of information urging the law enforcement personnel
to take specific steps to avoid the repetition of events such as these; or by guaranteeing
the identified petitioners the exercise of the right to freedom of thought and expression;
specially , the exercise of their profession; or by ordering, as an example of an action for
amparo against judgments or against the omission of actions, an impartial and thorough
investigation in order to prosecute and punish all the responsible for the facts mentioned
in the complaint.
Moreover, outside the framework of the constitutional law but within the scope of
Venezuelan administrative proceedings, it is worth mentioning that administrative courts
do not only hear about statements of the government (of administrative acts,
administrative contracts) but it also hear about the omissions or deficiency (of public
utilities for instance) as well as about the control over de facto proceedings or material or
ordinary behavior of the administration itself, having constitucional authority (article 259
of the CBRV3) to order the necessary measures to restore the subjective legal situations
harmed by administrative actions .
Progressively, the judicial protection the Venezuelan State was providing by means of its
judiciary, regarding these last proceedings (de facto proceedings or material or ordinary
proceedings) was formally and positively provided for in the Venezuelan legislation
inasmuch as it enshrined the possibility for administrative courts to hear about claims
against de facto proceedings attributable to organs of the National Executive branch and
other national high-ranking authorities that exercise the Public Power (article 5 (27),
consistent with the first paragraph of the same article, all of them of the Organic Law of
the Supreme Tribunal of Justice of Venezuela). It follows that claims tending to control the
de facto proceedings that may have conducted the organs of the Executive and other
national high-rank authorities exercising the public power, might have been lodged and
processed by means of this action stipulated in the domestic legislation.
Moreover, by way of example, the pecuniary claims contained in the autonomous brief of
requests, pleadings and evidence of the victims (page 619, of the measures of full
reparation requested by the victims that were included in numeral 21 (rectius10), lodged
3
Article 259. The administrative and adjudicatory jurisdiction corresponds to the Supreme Court of Justice and
other courts determined by law. The administrative organs have the authority to annul the general or individual
administrative acts that are contrary to law, even because of misuse of power; condemn the payment of sums of
money and the reparation of damages originated under the responsibility of the Administration; hear about
claims in relation to public utilities and order the necessary measures to restore the subjective legal situations
impaired by the administrative actions.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos