that these complaints were not responded to in a timely or effective manner. This is despite laws that
specifically establish penalties for failure to adhere to the provisions of the law on violence against women in
force at that time.
254.
Given that this case also takes place in the context of impunity in cases of violence against
women in Venezuela, the fact that no serious and effective processes were launched in response to alleged
irregularities at the hands of a number of State agents ranging from refusal to accept complaints to the
omissions already described in this report contributes to perpetuating and aggravating the aforementioned
context of impunity, sending a message that violence against women is tolerated.336 Effectively, the analysis of
the situation of violence against women performed more recently by international bodies reveals exactly this
situation
255.
Finally, the Commission finds that the threats and harassment that Linda Loaiza López and
her relatives reported receiving during the judicial process were also not investigated. Specifically, the
threats that Ana Secilia López reported she and her father received from Luis Carrera Almoina were not
investigated. Complaints of alleged retaliation and threats aimed at some of the judicial officials who
participated in the process were also not resolved. The IACHR hence finds that the State, having failed to
investigate reports of a variety of obstructive actions throughout the process, failed to comply with its duty to
provide the necessary guarantees to prevent the creation of a climate of intimidation during the process.337
2.2.2.
On the duty to investigate within a reasonable period of time
256.
The IACHR recalls that the analysis of the reasonable period of time as part of the right to
judicial guarantees must be measured on a case-by-case basis, pursuant to the relevant standards applied to a
specific situation. Those elements are: a) the complexity of the matter, b) the conduct of the authorities, and
c) the procedural activity of the interested party.338The Inter-American Court has also established that the
following must be taken into account: “the adverse effect of the duration of the proceedings on the judicial
situation of the person involved in it must be taken into account; bearing in mind, among other elements the
matter in dispute.”339In this sense, the reasonableness of judicial processes has to do with the right to access
to justice, which “means that the resolution of the controversy should take place within a reasonable period
of time.” That is, evaluation of the time period must be conducted in conjunction with “the total duration of
the proceedings until a final judgment is handed down.”340
257.
In that sense, the Commission takes into account that the criminal investigation was
launched on July 19, 2001, the same day on which Linda Loaiza López was rescued, and the judicial process
concluded definitively—after a single repetition of its initial phase—on May 11, 2007, with the decision of the
Criminal Cassation Chamber of the Supreme Court of Justice, which dismissed the cassation writ filed by
Linda Loaiza López’s attorney.
336 Likewise, see: Inter-American Court. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, para. 377.
337 See: Inter-American Court, Case of Kawas Fernández v. Honduras. Merits, Reparations, and Costs. Judgment of April 3, 2009,
Series C No. 196, para. 106; Case of Luna López v. Honduras. Merits, Reparations, and Costs. Judgment of October 10, 2013. Series C No.
269, para. 173.
338 Inter-American Court, Case of López Álvarez v. Honduras. Merits, Reparations, and Costs. Judgment of February 1, 2006.
Series C No. 141, para. 132; Case of García Asto and Ramírez Rojas v. Peru. Judgment of November 25, 2005. Series C No. 137, para. 166;
and Inter-American Court, Case of Acosta Calderón v. Ecuador. Merits, Reparations, and Costs. Judgment of June 24, 2005. Series C No.
129, para. 105.
339 Inter-American Court, Case of Valle Jaramillo v. Colombia. Merits, Reparations, and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 155.
340 Inter-American Court, Case of Valle Jaramillo v. Colombia. Merits, Reparations, and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 154.