188. In view of the above, the Court concludes that the State, for the failure to actively
investigate the death of Olimpiades González within a reasonable time, has violated the
right to judicial guarantees, recognized in Article 8(1) of the Convention, in relation to
Article 1(1) thereof, to the detriment of María Angélica González, Belkis Mirelis González,
Fernando González, Luis Guillermo González, Wilmer Antonio Barliza González and Aura
González.
B.3. Right to personal integrity of the family members of Olimpiades González
189. The Court has pointed out that the family members of the victims of violations of
human rights can be, in turn, victims. According to the circumstances of a case, the
Court has held the right to personal integrity of some family members to be violated for
the suffering caused by the particular circumstances of violations perpetrated against
their loved ones and because of the posterior actions of State authorities regarding the
events.174
190. The representatives have claimed that the family members of Olimpiades
González believe that their personal integrity was harmed because of his death. It has
been determined that the State is not responsible for this circumstance. Therefore, it is
not appropriate to conclude who is responsible for the impact that the death might have
had on the personal integrity of the family members of Mr. González.
191. The representatives have also manifested that the failure to investigate and the
existing impunity “perpetuated” the suffering caused by the death of Mr. González. They
claim that the harm to personal integrity is related to his death. It is not possible to
determine that the manner in which the investigation has been conducted necessarily
produced, in and of itself, harm to personal integrity.
192. The evidence includes a psychological study regarding Belkis González and María
Angélica González by the expert Alejandra Cristina Sapene Chapellín.175 This study,
although it takes into account the harm to the personal integrity of the alleged victims,
relates the harm to diverse intertwined factors, centrally related to the deprivation of
liberty, whose consequences on personal liberty have already been analyzed (supra
paras. 139 to 155); to the death of Mr. González, and to the current or persistent threats
and violence that are not related to the State responsibility analyzed in this case. The
study does not show that, in the harm to the personal integrity of the alleged victims,
the investigation into the death of Mr. González can be considered autonomously, but
rather it is related to other aspects that are central and dominant. The Court considers
that, in the specific circumstances of this case, the impact on the victims due to the
manner in which the respective actions were conducted into the death of Mr. González
are part of the violation to the right to judicial guarantees, which has already been
examined (supra paras. 185 to 188).
without an end to the investigation, “there has been a lack of the due diligence required by the laws in force
at the time of the event, which laws have been maintained in the successive rerforms undergone by the code,
which governs criminal procedure in Venezuela.” (Cf. Written expert opinion of Magaly Mercedes Vázquez
González.)
Cf. Case of Blake v. Guatemala. Merits. Judgment of January 24, 1998. Series C No. 36, para. 114
and Case of Guachalá Chimbo et al. v. Ecuador, para. 217.
174
175
Cf. Written expert opinion of Alejandra Cristina Sapene Chapellín.
47