petitioners and their effectiveness. As indicated in the section on processing the case before
the Commission, the State did not respond to this request.
67. The IACHR considers it necessary to state that the information required by the Commission
allows it to make determinations on a case submitted to it. The Court has stated that the
cooperation of States is a key requirement in the international procedure of the Inter-American
system in the following terms:
In contrast to domestic criminal law, in proceedings to determine human rights
violations the State cannot rely on the defense that the complainant has failed to
present evidence when it cannot be obtained without the State's cooperation.
The State controls the means to verify acts occurring within its territory. Although the
Commission has investigatory powers, it cannot exercise them within a State's
jurisdiction unless it has the cooperation of that State. 12
68. The Commission finds that the response from the Venezuelan State lacks the necessary
detail on the actions taken by the Attorney General’s Office. In the first place, the IACHR
determines that in cases such as the present one, involving reports of physical aggression,
criminal investigation is the proper remedy that must be exhausted. In that connection, the
IACHR finds that two years have elapsed since the first report of the aggression, the
investigation has produced no results in identifying and prosecuting the alleged perpetrators
and the State has not provided any proof of the investigations carried out. The Commission
specifically requested information on the action taken by the Attorney General’s Office in the
investigations carried out without receiving any response. In the opinion of the IACHR, this
constitutes an unwarranted delay, which triggers the exception envisaged in Article 46.2.c of
the American Convention.
69. Customarily, the IACHR does not require specific remedies in the event of unwarranted
delays. It is the State’s obligation not the petitioner’s initiative to carry out the criminal
investigation.13 Only if the petitioners’ action delays the investigation must the IACHR examine
their conduct. The State did not allege nor did the case file imply that the petitioner had
behaved in such a manner. On the contrary, in accordance with the proof submitted and not
contested by the State, the petitioner actively facilitated the Attorney General’s Office.
70. In addition to the IACHR’s practices mentioned, Venezuela’s Organic Code of Criminal
Procedure establishes that victims of punishable acts have the right of recourse to the agencies
that administer criminal justice at no cost, expeditiously, and without undue delays or useless
formalities.14 As one of the objectives of Venezuelan criminal procedure is to protect the
victim, the Attorney General’s Office is required to safeguard those interests at all stages of
the process.15 The Venezuelan Organic Code of Criminal Procedure establishes that the
Attorney General’s Office must seek to end the preparatory stage with the due diligence the
case requires.16
71. Having examined the evidence provided by the petitioners, the Commission finds that the
exception of unwarranted delay applies in the decision on the remedy covered in Article 46
(2)(c) of the American Convention, and that this petition is admissible, in view of the fact that
at the date of drafting of this report, there has been no decision in the criminal investigation,
which is called for in such cases, that would enable the Venezuelan State to resolve the matter
internally.
12
Inter-American Court of Human Rights, Velásquez Rodríguez Case. Judgment of July 29, 1988. Series C. Nº 4,
paras. 135 and 136. Also IACHR, Report Nº 28/96, Case 11.297, Guatemala, October 16, 1996, para. 43.
13
Inter-American Court of Human Rights, Velásquez Rodríguez Case. Judgment of July 29, 1988. Series C. Nº 4
14
Organic Code of Criminal Procedure, published in the Official Gazette Nº 5.558 of November 14, 2001, Article 23
15
Organic Code of Criminal Procedure, published in the Official Gazette Nº 5.558 of November 14, 2001, Article 118.
16
Organic Code of Criminal Procedure, published in the Official Gazette Nº 5.558 of November 14, 2001, Article 313.
13
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