later “they heard nothing more about the case.”89 Arianny Yosibel González’s statement
was in the same sense, asserting that “they never received the hoped-for responses.”90
Belkis González stated, in relation to the investigation into the death of Olimpiades
Gonzalez, that his family decided “not to bother anymore,” because “it did not have the
economic resources to continue” and because “their hope for justice had died.”91
81.
The State informed that it had been able to identify the person possibly
responsible, but that person was at large. It did not present any information as to when
that person fled. Venezuela maintained that the case remains open and that it was
continuing “to take the actions that will lead to the arrest of the [presumed guilty
person], such as the request on migratory movements and the request to the court
handling the case to request the apprehension to the International Organization of
Criminal Police (INTERPOL).”
VII
MERITS
82.
This case involves the detentions and preventive deprivations of liberty suffered
by members of the González family beginning in November 1998 in relation to criminal
proceedings. It also involves certain aspects relating to the present conditions of those
who were deprived of their liberty. In addition, the circumstances that the Court must
examine involves an unsuccessful claim for compensation made by some of the alleged
victims regarding their deprivation of liberty. The case also deals with the threat to the
life of Olimpiades González and his death in 2006, as well as with the corresponding
investigations. It can be demonstrated from the circumstances that the State violated
the rights to personal liberty, to personal integrity, to life, to judicial guarantees and to
judicial protection.
83.
In view of the information provided by the Commission and the alleged victims,
the Court must observe that it lacks the anthropological-cultural information that would
have allowed it to have a better sense of the context of the events that have been
presented to it. Thus, it is not known whether both families in the conflict belonged to
the same ethnic group and, if so, the eventual impact of the traditional guidelines of
conflict resolution, as well as the possible effect of the urbanization on one or both
families. In short, the Court regrets the lack of data that would have permitted it to
frame the case in a more precise context.
84.
The Court will now analyze the alleged violations with respect to: a) the rights to
personal liberty, to judicial guarantees and to judicial protection, in relation to the initial
detentions and preventive deprivations of liberty suffered by the alleged victims; b) the
right to personal integrity, with respect to the deprivations of liberty; c) the right to
judicial protection, in relation to the request for compensation, and d) the rights to life,
to personal integrity and to judicial guarantees, with respect to the attacks on Olimpiades
González after his release, his death and the investigation into his death.
She added that she and her family members “totally [abandoned] their efforts for fear that what
happened to their brother would happen to them.” (Written statement of María Angélica González before the
Court, evidence file, fs. 2735 to 2740).
89
90
Written statement of Arianny Yosibel González González before the Court.
91
Written statement of Belkis Mirelis González González before the Court.
22