13
57.
The Court considers that the acknowledgement of international responsibility
made by the State during the proceeding before this Court constitutes an important
step towards the development of this process and for the enforcement of the
principles that are consecrated by the American Convention.
58.
The acknowledgement of the facts and the admission made by Venezuela
regarding the claims about the merits and reparations made by the Inter-American
Convention and by the representatives is undoubtedly one of the most complete that
this Inter-American Court has notice of. Although no controversy exists regarding
said facts and the corresponding claims and evidence submitted by the applicants,
the Court considers it appropriate, as it has stated in prior cases7, for the sake of the
historic memory and as a form of reparation, to include the following section to
summarize the testimony of witnesses and expert witnesses rendered in the instant
case (infra para. 59). After that, the Court will proceed to establish the facts of the
instant case (infra para. 60) and to determine certain violations to Articles 4, 5, 8,
25, 1(1) and 2 of the Convention that have been recognized by the State (infra
Chapters VIII, IX and X), for which purpose, the allegations of the parties shall not
be summarized on the understanding that the same have been accepted by the
State.
59.
The Court shall hereinafter summarize the testimonies rendered in the instant
case. These testimonies were submitted in the form of affidavits (supra para. 23)
and were rendered in a public hearing held before the Inter-American Court (supra
para. 26).
A)
a)
Statements rendered before notary public
Statement of Carmen Yolanda Pérez-Santoya, sister of Wilcon
Alberto Pérez Santoya
The witness said that she “was always keeping an eye on [Wilcon Alberto],” who was
imprisoned in a “horrible place, he saw many dreadful things.” She visited him twice
a week, on Wednesdays and Sundays; the visit lasted from eight in the morning to
three in the afternoon.
She was at home when the attacks against the inmates of Catia Prison took place.
She heard from a neighbor that Wilcon had been murdered, as some young men that
were with her brother in Catia Prison informed had informed her neighbor. When the
attack ocurred, many next of kin were in the surroundings of the above mentioned
prison “shouting and calling to their next of kin.” The police ordered them to move
away from the outskirts of the prison. The next of kin that were there could not get
near because they were shot.
She confirmed the news of her brother’s death when the boy who had told her
neighbor shouted from inside the prison “look Yolanda, they have killed Wilcon.”
Afterwards, this boy told her that her brother had leaned out of the window of his
cell and had been shot; he had died instantly. His mates took his body to the
7
Cf. Case of the “Mapiripán Massacre”. Judgment of September 15, 2005. Series C No. 134,
para. 69, and Case of the Plan de Sánchez Massacre. Reparations (art. 63(1) of the American Convention
on Human Rights) Judgment of November 19, 2004. Series C No. 116.
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