42
person or group of persons towards the government or “ruling party” is not a cause for the
imposition of responsibility, per se, of the acts of those on the State. The affinity or even
self-identification of a person with the ideas, proposals or actions of the government form
part of the exercise of the freedoms in a democratic society, certainly within the limits
established in the relevant domestic and international rules.
148. Regarding the arguments made by the representatives as to that the statements of
public officials constituted a “pattern” or “State policy” (supra para. 61, 82 and 124) the
Court has established that it cannot ignore the special seriousness of finding that a State
Party to the Convention has carried out or has tolerated a practice of disappearances in its
territory. This requires the Court “to apply a standard of proof which considers the
seriousness of the charge and which, notwithstanding what has already been said, is
capable of establishing the truth of the allegations in a convincing manner”.100
149. In relation to the above mentioned, the Court has long held that the obligation of
State Parties to guarantee the rights enshrined in the Convention implies the duty of States
Parties to organize the governmental apparatus and, in general, all the structures through
which public power is exercised, so that they are capable of juridically ensuring the free and
full enjoyment of human rights.101 Furthermore, in several cases related to arbitrary
detention, torture, execution and disappearance, the Court has taken into account the
existence of “systematic and massive practices”, “patterns” or “state policies” in which
serious incidents have been framed, when the “preparation and execution” of violation of
human rights of the victims could not have been perpetrated without the “superior orders of
State high-rank officials, or without the collaboration, acquiescence and tolerance revealed
by direct actions or omissions carried out in a coordinated and interrelated manner” by
members of the different services of the States concerned. In those cases, instead of that
having institutions, mechanisms and powers of a State functioning as a guarantee of
protection against the criminal activities of its agents, it has been verified that the State’s
power was “orchestrated as a means and resource to violate rights that should have been
respected and safeguarded”, which has also benefited from the general situation of impunity
of the grave human rights violations that existed at the time, promoted and tolerated by the
absence of judicial guarantees and the ineffectiveness of the judicial institutions to deal with
or contain the systematic human rights violations.102
150. In the case at hand, said public officials, in exercise of their powers, made use of the
means the State provided them with in order to give statements and speeches and for this
reason, they are of an official nature. In this sense, even though it is not necessary to know
all the incidents that occurred in Venezuela that affected the mass media or its employees,
or all the statements or speeches delivered by high-ranking state officials, the important
issue is, for the purposes of this case and in the context in which the incidents occurred,
100
Cf. Case of Godínez Cruz V. Honduras. Merits. Judgment of January 20, 1989. Series C Nº. 5, para. 135;
Case of Valle Jaramillo et al. V. Colombia, supra note 20 para. 97; Case of Apitz Barbera et al. (“First Court of
Administrative Disputes”) V. Venezuela, supra note 29, para. 97.
101
Cf. Case of Velásquez Rodríguez V. Honduras. Merits, supra note 33, para. 166; Case of the Dismissed
Congressional Employees (Aguado - Alfaro et al.) v. Perú. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 24, 2006. Series C No. 158, para. 92; Case of Almonacid Arellano et al. V. Chile, supra
note 27, para. 110.
102
Cf., among other, Case of Velásquez Rodriguez v. Honduras. Merits, supra note 33; Case of Myrna Mack
Chang V. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003. Series C. N° 101; Case of
the “Mapiripán Massacre” V. Colombia, supra note 22; Case of the Pueblo Bello Massacre V. Colombia; supra note
68; Case of the Ituango Massacres V. Colombia; supra note 23; Case of Goiburú et al. V. Paraguay, supra note 48;
Case of Almonacid Arellano et al. V. Chile; supra note 27; Case of the Miguel Castro Castro Prison V. Perú, supra
note 36; Case of La Cantuta v. Perú; supra note 72; and Case of La Rochela Massacre V. Colombia, supra note 42.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos