CCPR/C/121/D/2610/2015
Subsequently, the Inter-American Court of Human Rights issued a ruling on 27 November
2012 in which it found no violations of the Convention. 4
2.12 The author concedes that she has not been able to exhaust domestic remedies and
notes that this is due to the fact that they have proved to be unreasonably lengthy. The
Prosecution Service’s decision to drop the case precluded the timely processing of effective
remedies to protect the rights of the victims. In addition, she notes that there is no
international legal procedure under way, since the Inter-American Court of Human Rights
concluded its hearing of the case on 27 November 2012, at which time it issued its
judgment on the merits. Furthermore, the three-year period for the submission of a
communication provided for in rule 96 (c) of the Committee’s rules of procedure has not
been exceeded.
The complaint
3.1
The author claims that the murder of her husband and the injuries that she and her
son sustained, together with the existence of evidence indicating that local authorities were
aware of the criminal activities of paramilitary groups responsible for the murders of human
rights defenders in the area and did not take effective protection or prevention measures, as
well as the subsequent delays and omissions in the criminal investigation and the failure to
provide full redress, constitute violations of her human rights and those of her son and her
deceased husband. She claims, in particular, that they amount to violations of the rights to
life, integrity of person, personal security and judicial safeguards set forth in articles 6 (1),
7 and 9, read in conjunction with article 2, and article 14, read in conjunction with article 2
(3), in the case of Joe Luis Castillo González, and the rights to personal integrity, personal
security and judicial safeguards set forth in articles 7 and 9, read in conjunction with article
2, and article 14, read in conjunction with article 2 (3), in the case of herself and her son.
3.2
The author claims that the State party failed in its duty under article 6 (1), read in
conjunction with article 2, to adopt preventive and protective measures in connection with
her husband, as a member of a vulnerable group (namely human rights defenders), even
though the authorities were aware of the risks facing the members of that group and the
campesinos with whom they were working. The existence of those risks had been
highlighted in the requests for precautionary measures made by the Inter-American
Commission on Human Rights on 12 March 2001 and 29 August 2003 in respect of the
author and her son, following the death of Joe Castillo. The author stresses that, in addition
to being a victim, she is the only eyewitness capable of recognizing those responsible for
the death of her husband and, as such, her protection should have been a priority in the
context of the investigation. Human rights defenders working in the border area at that time
were particularly vulnerable, and the State therefore ought to have taken proactive measures
to protect them. The work being done in the Vicariate of Machiques triggered adverse
reactions on the part of the paramilitaries, guerrillas and other opponents of the land reform
process implemented after the entry into force of the Land Act.
3.3
The State party has also violated the right to life of Joe Luis Castillo by failing to
properly investigate the case and to identify and punish the perpetrators, which also
constitutes a denial of the right to redress.
3.4
The author considers that the State is responsible by omission for a violation of the
right to physical integrity of Joe Luis Castillo, her son and herself, as set forth in article 7,
read in conjunction with article 2. The infringement of the right to physical integrity is
evidenced by the gunshot wounds sustained by the author, her husband and her son, their
subsequent hospitalization, and the emotional and psychological harm suffered by the
author and her son following the attack. In connection with the responsibility of the State,
the author cites the factors previously described, namely the absence of preventive
measures and the non-fulfilment of the obligations to investigate the crime, punish the
perpetrators and provide redress.
4
4
Inter-American Court of Human Rights, Castillo González et al. v. Venezuela, Judgment of 27
November 2012.