157. The Commission noted that the request for compensation for the alleged victims
was rejected because the domestic judicial bodies did not consider that the deprivations
of liberty to which they were subjected was due to a “judicial error,” which was a
requirement of the domestic law. It noted that the claim was the only apparent domestic
channel available to obtain reparation for violations to personal liberty and, therefore,
the judicial rejection led to a situation of defenselessness. Thus, it argued that the State
had violated Article 25(1) of the Convention. The representatives offered similar
arguments.
158. The State maintained that the facts show that the alleged victims had a
multiplicity of remedies available to them to obtain the compensation and they also had
“the guarantee of their exercise and resolution.” It pointed out that the fact that the
judicial decisions were not favorable to the victims does not imply the violation of any
right.
B) Considerations of the Court
159. The Court has noted that “Article 25(1) of the Convention contemplates the duty
of the States Parties to ensure to all persons subject to their jurisdiction an effective
recourse against acts that violate their fundamental rights.”158 It has also held that “it
is not sufficient that [the remedy] is established in the Convention or the law or that it
be formally admissible” but it must be “appropriate” to establish the violation and to
provide the necessary means to redress it. Remedies cannot be considered effective if
they are “illusory.”159
160. The Court has also noted that “the treaty-based rights entail the State’s obligation
to make the reparation of the violation of those rights possible” and that, thus it is
necessary that the States provide the “legal and institutional means that allow those
affected to claim reparations. This generally relates to obligation to make reparation to
the existence of appropriate administrative or judicial mechanisms and, therefore, to the
right of the victims to have access to justice.”160
161. On the basis of the above guidelines, in order to declare, if applicable, the
violation of Article 25 mentioned by the Commission and the representatives, it is
necessary to evaluate whether it is possible to determine, in accordance with the facts
in the case, whether Venezuela provided adequate and effective judicial mechanisms to
the victims to obtain an appropriate reparation for the violation of their right to personal
liberty, already declared in the Judgment (supra para. 133).
162. The facts in the case show that, on May 24, 2001, Fernando González, María
Angélica González, Wilmer Barliza and Belkis González filed a request for compensation,
158
Cf. Case of Mejía Idrovo v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment
of July 5, 2011, Series C No. 228, para 95 and Case of Cordero Bernal v. Peru. Preliminary Objection and
Merits. Judgment of February 16, 2021. Series C No. 421, para. 100.
The illusory nature of a remedy may be caused by “the general situation of the country or even for
the particular circumstances of any given case,” for example, when its futility has been shown in practice
because the jurisdictional body lacks the means to implement its decision or for any other situation in which
justice is being denied. (Cf. Case of Las Palmeras v. Colombia. Merits. Judgment of December 6, 2001. Series
C No. 90, para. 58 and Case of Cordero Bernal v. Peru, para. 100).
159
Case of García Lucero et al. v. Chile. Preliminary Objection, Merits and Reparations. Judgment of
August 28, 2013. Series C No. 267, para 182.
160
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