14.
Similarly, in the judgment, the Inter-American Court underlined that it had
already identified the existence of this “context” in other cases it had heard concerning
executions in the states of Aragua and Falcón (cases of Uzcátegui et al. v. Venezuela,
the Landaeta Mejías Brothers et al. v. Venezuela, and the Barrios Family v. Venezuela).15
It is worth stressing the words of the IACtHR in the judgment in the case of the Barrios
Family, which was precisely related to arbitrary deprivations of the life of members of
one and the same family in Aragua state:16
“… the series of incidents reveals a pattern of concealment that begins with the
perpetrators’ distortion of the events, continues with the lack of judicial elucidation, and
includes the implementation of various types of threats and harassment designed to
prevent the determination of the truth and the identification of those responsible.”17
15.
All the preceding elements concerning the context of extrajudicial executions by
police officers in Venezuela, particularly in Aragua state, explicitly indicated in the
judgment, are also supported by the Merits Report submitted by the Inter-American
Commission in this case. When describing the factual framework of the case, the
Commission indicated that, during its on-site visit to Venezuela in 2002, it had verified
the existence of a problem of “extrajudicial executions” committed by state police
agents, and analyzed their characteristics in its 2003 country report, as well as in its
2004 and 2005 Annual Reports. In this regard, in the chapter on “The context of
extrajudicial executions in Venezuela” in its Merits Report in this case, the InterAmerican Commission indicated that:18
“As for the modus operandi, the IACHR has identified that, in some instances, deaths
are “staged as confrontations” during routine procedures, in the course of arrests or
raids. In those cases, the victim is killed at the site of the operation and under the
pretext of a confrontation with the offender.19 In other cases, the executions take place
when the victims have been detained unlawfully and/or arbitrarily and are in state
custody” (underlining added).
16.
In our opinion, all the above, has fully proved a “context of extrajudicial
executions” in Venezuela, and particularly in Aragua state, at the time of the facts of
this case. As will be seen below, we consider that the “context” described coincides,
essentially, with the geographical and factual circumstances in which the deaths of the
victims in this case occurred (see infra, paras. 27 and 28). This was even acknowledged
by the expert witness offered by the State when testifying during the public hearing, in
response to the express question by a judge of the Inter-American Court of whether the
Cf. Case of the Landaeta Mejías Brothers et al. v. Venezuela. Preliminary objections, merits,
reparations and costs. Judgment of August 27, 2014. Series C No. 281; Case of Uzcátegui et al. v. Venezuela.
Merits and reparations. Judgment of September 3, 2012. Series C No. 249, and Case of the Barrios Family v.
Venezuela. Merits, reparations and costs. Judgment of November 24, 2011. Series C No. 237.
15
16
Cf. Case of Díaz Loreto et al. v. Venezuela. Preliminary objections, merits, reparations and costs.
Judgment of November 19, 2019, para. 30.
Cf. Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of November
24, 2011. Series C No. 237, para. 38.
17
IACHR, Merits Report, No. 80/17, Case 12,662, Robert Ignacio Díaz Loreto, David Octavio Díaz Loreto,
Octavio Ignacio Díaz Álvarez and family members. Venezuela, section on “The context of extrajudicial
executions in Venezuela,” para. 24. Cf. Case of Díaz Loreto et al. v. Venezuela. Preliminary objections, merits,
reparations and costs. Judgment of November 19, 2019, para. 30.
18
IACHR. Report on the Situation of Human Rights in Venezuela, October 24, 2003, para. 333. Citing:
COFAVIC/Venezuela, Democracy and Human Rights, Mid-Year Report: January–August 2002. Also see: Provea,
Annual Report No. 14, Caracas, Venezuela; COFAVIC/Parapolice groups in Venezuela, 2005, pp. 29 to 33;
Human Rights Watch, Annual Reports 1998 and 1999.
19
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