Tuesday , July 27 2021

An unpublished decision condemned Venezuela to compensate Linda Loaiza

18 November 2018 1:50

The IACHR entered into a Venezuelan State responsible for negligence and rights violations in the case of Linda Loaiza López Soto, who was kidnapped, tortured, mutilated and raped for almost four months in 2001.

Liliana Ortega, director of the Victim Victims Committee, assured that this "is a historical punishment for Venezuela", because this is the first time that cases of gender violence that demanded the State be accepted and sentenced by the IACHR. This is also the first time that the Inter-American Human Rights System has sanctioned private individuals for crimes of torture, in this case Luis Carrera Almoina, who detained him in detention at his residence.

"The decision was an achievement and progress in the titanic task of achieving justice which began in 2007," said Linda Loaiza. He said he felt great personal satisfaction in the struggle that had been going on for years, and stressed that the case continued unpunished, because the authors of the crimes of sexual violence and torture did not receive punishment from national authorities.

He indicated that he hoped for full compliance with the sentence within the stipulated period, as well as the implementation of reparation measures such as continuation of criminal proceedings, sanctions for those responsible, medical care for Loaiza and families, scholarships for study, creation of systems to collect data and figures on violence against women, among others.

The acts of torture and sexual violence, which Loaiza suffered, violated several provisions of the American Convention on Human Rights, the Inter-American Convention to Prevent and Punish Torture and the Inter-American Convention to Prevent, Punish and Eradicate Violence Against Women clearly the court.

The judges indicated that obscurity in the investigation process, the absence of due diligence in situations of gender violence and high levels of negligence determined the responsibility of the Venezuelan State, which led to sexual slavery and acts of torture. Inadequate and negligent reactions from officials who, after knowing the situation, did not choose to implement the action in a reasonable manner, but also their actions caused a warning to the aggressor, the IACHR referred to.

Loaiza López was kidnapped on March 27, 2001 by Carrera Almoina. Since then he was beaten, raped and harassed until he asked for help and was rescued by firefighters and police. He spent a year in a hospital where he had 15 operations. The attacker was arrested and released in 2004, so the case was taken to an international court to demand justice.

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