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Regarding item “a” of the prayer for relief included in the application against the State
filed before the Court by the Inter-American Commission on Human Rights, [...] though
after the events occurred, the competent local authorities started an investigation, up to
this date, there have not been any precise results that may lead to establish the
identity of those responsible for the crimes, nor the manner in which the events
occurred; there also exists a delay which the State acknowledges and regrets;
Regarding item “b” of the prayer for relief included in the application, [...] by the time
the events occurred, the situation in the Retén e Internado Judicial de “los Flores de
Catia” (Judicial Detention Center of the Flores of Catia) showed serious flaws, which
became worse due to the facts occurred on November 27, 1992, when there was a civil
riot extending nationwide which influenced the disorder occurred amongst the detainees.
In this sense, the [...] Venezuelan State alleges that it is currently developing public
policies tending to improve the situation at the penitentiaries, and points out the
Executive Order on Penitentiary System Emergency; the Penitentiary System
Humanization Programme and the promotion and dissemination through workshops, of
the [h]uman [r]ights of persons
deprived of their liberty. However, the State
acknowledges that by the time the sad events occurred, the situation at the Retén e
Internado Judicial de “los Flores de Catia” (Judicial Detention Center of the Flores of
Catia) was precarious.
Regarding item “c” of the prayer for relief included in the application, [...] although it is
true, there is a delay in the judicial investigation due to the criminal procedural system
in force at the time the events occurred, since given the fact that the investigation was
at the investigative stage, the access to the records of the case by the victims was
legally limited. By that time, the Código de Enjuiciamiento Criminal (Code of Criminal
Procedure) established the secrecy of the records, and this prevented the parties from
getting information about their situation. After the Código Orgánico Procesal Penal
(Organic Code of Criminal Procedure) was in force, this situation was corrected, as
stated in section 280, by allowing the parties to freely access the records of the case
[,and] (bold type omitted)
as regards to item “d” of the prayer for relief included in the application, it is admitted
that by the time the events occurred, the legislation in force allowed the courts having
special jurisdiction, such as the military courts, to hear cases related to the violation of
human rights. Despite that, currently, after the Constitución de la República Bolivariana
de Venezuela (Constitution of the Bolivarian Republic of Venezuela) came in force in
1999, these matters are subject to the jurisdiction of ordinary courts as stated by
section 25 eiusdem, upon stating that regarding the violations of human rights and
crimes against humanity, the same shall be investigated and prosecuted in the ordinary
courts. Thus, any possibility for court of special jurisdiction to hear cases of such nature
has been eliminated. This further evidences that the legislative change requested by the
Inter-American Commission on human rights was taken into account.
46.
On the other hand, the Court notices that the State made several statements
during the pendency of this case before the Inter-American Commission, which
have been considered as acts of acknowledgement of its international responsibility
for the events and the violations to human rights alleged by the petitioners. In its
application, the Commission requested the Court “to take into account the
acknowledgement of the facts and the assumption of responsibility” made by the
State, and further that the same be included in the corresponding judgment. In its
final written arguments, the Commission pointed out that the admission made by
the State before the Court amounts to a ratification and extension of the
acknowledgement of international responsibility made by the State during the
pendency of this case before the Commission on October 1, 1999, March 3, 2000
and March 27, 2003.”
47.
Indeed, on March 3, 2000, during the pendency of the instant case before the
Commission, Venezuela acknowledged its international responsibility at a conference
held between the State, the petitioners and the representatives of the Inter-
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