169. In this case, the Court notes that, despite certain difficulties (supra para. 139), Mrs.
Moreno and her representatives have been able to examine the files, maintain contact with
the authorities in charge of the investigation, obtain information from them and request
them to carry out procedures (supra paras. 56, 75, 81, 83, 86, 87, 90 and 92).
170. As to the alleged failings in the implementation of measures of protection in favor of
Yelitze Moreno and her son, from the body of evidence, and from the statements of the
parties or the Commission, it does not appear that these impeded or prevented the
beneficiaries of the measures of protection from carrying out any action, or that they
otherwise affected the course or results of the investigation.
171. Accordingly, the Court considers that in this case the rights to a fair trial and the
judicial protection of the alleged victims have not been impaired. Consequently, the Court
concludes that Venezuela is not responsible for the violation of such rights established in
Articles 8 and 25 of the American Convention.
172. Finally, regarding the alleged violation of the right to know the truth, in accordance
with the observations made previously regarding Articles 8 and 25 of the American
Convention, the Court considers that it is not appropriate to issue any ruling on this point.
VI.3
RIGHTS TO PERSONAL INTEGRITY, TO THE PROTECTION
OF HONOR AND DIGNITY, FREEDOM OF THOUGHT AND EXPRESSION
AND FREEDOM OF ASSOCIATION,
IN RELATION TO THE OBLIGATION TO RESPECT RIGHTS
A. Right to Personal Integrity (Article 5(1))
Position of the Commission and arguments of the parties
173. The Commission alleged that both Yelitze Moreno and Luis Castillo, as the parents of
Mr. Castillo, Yolanda González and Jaime Castillo, and the siblings of the former, Jaime and
Julijay, both with the surnames Castillo González, suffered as a result of losing a loved one
and over the absence of a full and effective investigation, which caused them suffering and
distress at not knowing the truth about what happened. Consequently, it stated that their
psychological and moral integrity was affected. Therefore, it asked the Court to declare that
the State violated Article 5(1) of the Convention, to the detriment of the persons
mentioned.
174. The representatives alleged a violation of Article 5(1) of the Convention, to the
detriment of Yelitze Moreno and her son, given the suffering caused by the impunity in
relation to the incident which has caused them emotional harm. They further alleged a
violation of Article 5(1) of the Convention, in relation to the parents and siblings of Joe
Castillo for the psychological and moral harm that they have suffered as a result of his
murder, and the additional suffering caused by the actions and omissions of the authorities
in the investigation of the crime. They also argued that the personal integrity of Yelitze
Moreno and Luis Castillo had been affected by “the lack of measures of prevention” in
relation to the attack.
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