Sentencia nº 226 de Tribunal Supremo de Justicia (Número de Expediente: C07-0187)

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In 2001, the female victim was kidnapped, tortured, raped and kept in captivity for four months. All complaints made by her sister to the competent authorities related to her sister’s disappearance were dismissed by the police. In 2007, the competent criminal court issued a partial conviction to the offender. He was convicted for the crimes of kidnapping and captivity. However, the acts of physical, verbal, psychological and sexual violence were not considered by the court because, according to the court, there was not enough evidence to determine that sex and violence were committed without the plaintiff’s consent. Between 2001 and 2007 the victim went through many judicial processes. Decision No. C07-0187 was the final decision issued by Venezuelan Supreme Court of Justice, as the court of last recourse in Venezuela. After having exhausted all national procedures, the complainant referred her case to the international courts in order to sue the Venezuelan state for failing to safeguard and protect her human rights. On March 6, 2018 the Inter-American Commission on Human Rights found the Venezuelan state responsible for the violation of the rights established in the Inter-American Convention to Prevent and Punish Torture.



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