Judgment: Merits, Reparations and Costs
Compliance with Judgment: Olmedo_28_11_02 (only in Spanish) | tentacion_28_11_03
Application filed by IACHR (only in Spanish)
Files before the Inter-American Court on Human Rights
Judgment: Competence | Merits, Reparations and Costs | Interpretation of the Judgment on the Merits
Compliance with Judgment: Castillo_01_06_01_ing.pdf | Ivcher_21_09_05 (only in Spanish) | Ivcher_27_02_09 (only in Spanish) | Ivcher_24_11_09 | Ivcher_27_08_10
Application filed by IACHR (only in Spanish)
Files before the Inter-American Court on Human Rights
Judgment: Preliminary Objections, Merits, Reparations and Costs
Compliance with Judgment: Herrera_12_09_05 (only in Spanish) | Herrera_22_09_06
Herrera_02_06_09 (only in Spanish) | Herrera_09_07_09 | Herrera_22_11_10
Application filed by IACHR (only in Spanish)
Files before the Inter-American Court on Human Rights
Judgment: Merits, Reparations and Costs
Compliance with Judgment: Canese_02_02_06 | Canese_22_09_06 | Canese_10_12_07 (only in Spanish) | Canese_06_02_08 | Canese_06_08_08 |
Application filed by IACHR (only in Spanish)
Files before the Inter-American Court on Human Rights
Judgment: Merits, Reparations and Costs
Compliance with Judgment: Palamara_30_11_07 | Palamara_15_12_08 (only in Spanish) | Palamara_21_09_09
Application filed by IACHR (original in Spanish) | Application filed by IACHR (only in Spanish)
Files before the Inter-American Court on Human Rights
Judgment: Merits, Reparations and Costs
Compliance with Judgment: Reyes_02_05_08 | Reyes_10_06_08 (only in Spanish) | Reyes_24_11_08
Application filed by IACHR (only in Spanish) | Files before the Inter-American Court on Human Rights
Judgment: Merits, Reparations and Costs
Compliance with Judgment: Kimel_18_05_10 | Kimel_15_11_10
Application filed by IACHR (only in Spanish)
Judgment: Preliminary Objection, Merits, Reparations and Costs
Compliance with Judgment: Tristan_01_09_10
Application filed by IACHR (only in Spanish)
Judgment: Preliminary Objections, Merits, Reparations and Costs
Application filed by IACHR
Judgment: Preliminary Objections, Merits, Reparations and Costs
Application filed by IACHR
Judgment: Preliminary Objection, Merits, Reparations and Costs
Application filed by IACHR
Judgment: Preliminary Objections, Merits, Reparations and Costs
Application filed by IACHR
Judgment: Preliminary Objections, Merits, Reparations and Costs
Application filed by IACHR (only in Spanish)
Judgment: Preliminary Objections, Merits, Reparations and Costs
Application filed by IACHR (only in Spanish)
Judgment: Preliminary Objections, Merits, Reparations and Costs
Application filed by IACHR
Judgment: Preliminary Objection, Merits, Reparations, and Costs
Application filed by ACHR
Judgment of September 3, 2012. In this judgment, the Court found the Venezuelan State responsible for violating, among other things, the right to life of Néstor José Uzcátegui; the rights to personal liberty and personal integrity of the human rights defender Luis Enrique Uzcátegui and Carlos Eduardo Uzcátegui; and the right to freedom of expression of Luis Enrique Uzcátegui. In terms of this last matter, the judgment verifies that, in response to the murder of Néstor Uzcátegui, his brother, Luis Enrique not only reported the facts to the public prosecutor's office; he also asserted through various media outlets that, in his judgment, the General Commander of the State of Falcón Police Armed Forces at the time was responsible for several homicides carried out by “extermination groups” under his command. Upon making such assertions, Uzcátegui was intimidated and harassed. He was also the subject of a criminal complaint for defamation, filed by the police Commander concerned. The Court considered the acts of harassment and threats produced as a result of Uzcátegui's denunciations to have been proven. It also found that the assertions made publicly by Luis Enrique Uzcátegui could and should “be understood as part of a broader public debate on the possible implication of the State security forces in cases involving grave human rights violations.” Taking into account the relevance of such assertions, the Court found that the existence of the criminal proceedings, their duration in time, and the circumstance of the high rank of the person filing the complaint “could have generated a chilling or inhibiting effect on the exercise of freedom of expression, contrary to the State's obligation to guarantee the free and full exercise of this right in a democratic society.” As to the threats and intimidation, taking into account that “it is possible that freedom of expression may be unlawfully restricted by de facto conditions that directly or indirectly place those who exercise it at risk or in a situation of increased vulnerability,” the Court found that every State must “abstain from acting in a way that contributes to, stimulates, promotes or increases this vulnerability and must adopt, when pertinent, necessary and reasonable measures to prevent violations and protect the rights of those who find themselves in this situation.” In the case at hand, the Court deemed that the State did not prove that it had “taken sufficient and effective steps to prevent the acts of threats and harassment against Luis Enrique Uzcátegui in the particular context of Falcón state,” and therefore “it did not meet its obligation to adopt necessary and reasonable measures to effectively guarantee [his] rights to personal integrity and to freedom of thought and expression,” under the terms of the American Convention.
Judgment: Merits and reparations.
Application filed by IACHR (available only in Spanish)
Judgment: Merits, Reparations and Costs
Application filed by IACHR
Judgment: Preliminary Objection, Merits, Reparations and Costs (only in Spanish)
Application filed by IACHR
Judgment: Preliminary Objection, Merits, Reparations and Costs (only in Spanish)
Application filed by IACHR
Judgment: Preliminary Objection, Merits, Reparations and Costs (only in Spanish)
Application filed by IACHR (only in Spanish)
(1) I/A Court H.R., Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs. Judgment of January 28, 2009. Series C No. 195, para. 118; I/A Court H.R., Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs. Judgment of January 28, 2009. Series C No. 194, para. 107. Also, inter alia, I/A Court H.R., Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03. Series A No. 18, paras. 112 to 172; Case of the “Mapiripán Massacre” v. Colombia. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 7, 2005. Series C No. 122, paras. 173 to 189.
(2) I/A Court H.R., Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs. Judgment of January 28, 2009. Series C No. 194, para. 107; I/A Court H.R., Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations, and Costs. Judgment of January 28, 2009. Series C No. 195, para. 118.
(3) I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, para. 147.
(4) I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 23, 2005. Series C No. 127, para. 201;I/A Court H.R., Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03. Series A No. 18, para. 89; I/A Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 dated August 28, 2002. Series A No. 17, para. 46.
1889 F St. N.W. Washington, DC, U.S.A. 20006 / E-mail: [email protected] / Phone: (202) 370-9000 / Fax: (202) 458-3650