CCPR/C/121/D/2610/2015
Castillo Moreno, both deceased.1 She claims that Joe Luis Castillo González was the victim
of violations by the Bolivarian Republic of Venezuela of articles 6 (1), 7 and 9 (1), read in
conjunction with article 2, and of article 14, read in conjunction with article 2 (3), of the
Covenant, and that she and her son were victims of violations of articles 7 and 9 (1), read in
conjunction with article 2, and of article 14, read in conjunction with article 2 (3), of the
Covenant. The Optional Protocol entered into force for the State party on 10 August 1978.
The author is represented by counsel.
The facts as submitted by the author
2.1
Between 1999 and 2003, Yelitze Lisbeth Moreno de Castillo and her husband, Joe
Luis Castillo González, both worked at the Social Action Office in the Apostolic Vicariate
of Machiques in the State of Zulia, located in the Bolivarian Republic of Venezuela
adjacent to the border with Colombia. Joe Luis Castillo worked on issues directly related to
the situation of indigenous peoples and refugees. His duties included providing legal
assistance, monitoring services and support in connection with migration, asylum and
refugee issues in the area, disseminating information and training on human rights for
indigenous communities and supplying legal support for campesinos attempting to recover
their land. The author describes the unstable situation in the parts of Colombia close to
Catatumbo, the area that her husband’s work covered. The border between Colombia and
the Bolivarian Republic of Venezuela has been marked by ongoing disputes concerning the
ownership and use of land, which have been exacerbated by the involvement of irregular
groups in the production of cocaine and by the land reform process that was under way at
that time in the Bolivarian Republic of Venezuela. Between 1996 and 2003 there were 69
attacks on people working to defend land claims in Zulia, and a number of agrarian leaders
were killed.
2.2
In view of the deteriorating security situation, in 2001 Joe Luis Castillo, acting as a
representative of the Vicariate and working together with the Venezuelan Programme of
Education and Action in the Field of Human Rights and the Centre for Justice and
International Law, filed an application before the Inter-American Commission on Human
Rights for precautionary measures to protect 52 displaced persons who were at imminent
risk of being forcibly returned to Colombia. The request for precautionary measures was
granted by the Commission on 12 March 2001. In November 2002, one of the persons
named in the application for precautionary measures and his son were murdered by alleged
contract killers. The Venezuelan authorities had not put in place any measures for the
protection of these persons.
2.3
As a result of the precarious security situation, the author and her husband resigned
from their positions in the Vicariate on 15 August 2003 and decided to move to the city of
Mérida.
2.4
At approximately 7.30 p.m. on 27 August 2003, while they were still in Machiques,
the author, her husband and their 18-month-old son were driving home when a motorcycle
carrying two people approached the driver’s side of the vehicle. The motorcyclists first
slowed down in order to confirm the identity of the driver of the car and then continued on
their way. A few metres further on, however, they stopped and shot at the three occupants
of the car. Joe Luis Castillo was hit by 9 of the 13 bullets fired and was killed. The author
sustained bullet wounds to her left arm, abdomen and neck. Her son was also hit by bullets
in his left arm, chest and shoulders.
2.5
After the murder of Joe Luis Castillo, the Apostolic Vicariate of Machiques received
anonymous threatening phone calls, which led to the temporary closure of the Social Action
Office. The Office later reorganized its activities and discontinued its work on refugee
support and cases of human rights violations.
2.6
The author submitted a request to the Inter-American Commission on Human Rights
for precautionary measures to protect her life and personal integrity and those of her son.
The measures were granted on 29 August 2003. However, the State did not take any action
to implement those measures.
1
2
Luis César Castillo Moreno died from causes unrelated to the present communication.