A Violation of Human Rights

In July of 2001, 18-year-old Linda Loaiza was rescued by the Caracas police in Luis Carrera Almoina's apartment. She had been repeatedly raped and brutally tortured for four months; she was found in a state of severe malnutrition, with her earlobes destroyed, a nipple cut out, cigarette burns all over her body, multiple cranial fractures, and bruises and cuts on her face and genital area. After undergoing nine operations, Linda is still recovering. The lifelong physical effects of her ordeal include cataracts, impaired hearing, reduced movement, facial scarring and an inability to bear children.

The accused perpetrator, Luis Carrera Almoina, had been previously arrested for torturing his then partner in 1999. He is the son of a Gustavo Carrera Damas, who at the time was president of a major university in Caracas. After being detained and put under house arrest, Carrera Almoina attempted to flee with the help of his father. He was captured the next day, and his father was later charged with obstructing judicial action.
 
Trials before the Trial

Linda Loaiza's case was deferred by the justice system 29 times and 59 judges declined to prosecute the man accused of torturing her. In August of 2004, nearly three years had passed since Carrera Almoina was charged with attempted homicide, rape and torture, and the case was approaching an expiration date, after which the accused would walk free of charges. In response, Loaiza staged a hunger strike on the steps of the Supreme Court. After 13 days on the steps, the media attention and social pressure Linda generated caused the Supreme Tribunal for Justice (the country's highest judicial body) to call for a trial to begin.

Injustice Rules

In an attempt to exploit an outrageous piece of the Venezuelan Penal Code which calls for a reduced sentence for crimes against sex workers, Carrera Almoina's defense claimed that Loaiza was part of a prostitution ring. If sentenced to jail time, Carrera Almoina would have only have had to serve a fifth of the normal sentence. No evidence was presented in support of these claims, and Loaiza has consistently denied them. Nevertheless, on October 21, 2004, the judge acquitted Carrera Almoina and his father of all charges, citing a "lack of evidence”, and ordered an investigation of Loaiza, her father and sister for prostitution.

Ruling Appealed

Loaiza and her attorney immediately appealed the ruling. In a statement, Loaiza affirmed, "I'm determined not to give up and to keep fighting for justice. I think many women in Venezuela and in the whole world have been through similar experiences and keep their suffering in silence for fear of the torture they will have to once again undergo, this time in the hands of the judicial system.” The district attorney supported the appeal, and had already noted irregularities during the trial, including illegally submitted evidence by the defense.

The Venezuelan women's movement, including PLAFAM, IPPF/WHR's member association in Venezuela, mobilized to raise awareness of the case and to provide legal and emotional support to Linda Loaiza in her fight for a new trial. On April 12, 2005, the seventh court of appeals annulled the verdict and called for a new trial. PLAFAM continues to raise awareness in the media and in public forums so that the same delays and corrupt measures will not be employed again.

Justice Denied AGAIN

After many long months of anxious waiting, numerous false starts, and inexplicable delays, the Seventh Tribunal of Justice in Caracas, Venezuela finally published the verdict in the case against Linda Loaiza’s accused attacker, Luis Carrera Almoina in May of 2006. As expected, the sentence is far too light for the crimes he committed against Linda, and IPPF/WHR is outraged that justice has not been served. 

The official verdict is that Carrera Almoina is guilty only of severe assault and deprivation of liberty, rather than the full charges of attempted homicide, rape and torture that he was on trial for, despite clear evidence to the contrary.  As a result of this light sentence, his sentence for these horrible crimes is a mere six years of jail time. Worse yet, the court may actually set him free shortly as he has already spent four years in custody and may therefore be eligible for parole.

We are outraged by this clear travesty of justice. Linda’s ongoing struggle is just one example of the immense difficulty faced by women all over the world when they seek justice in the face of violence and abuse. 

That is why IPPF/WHR is working with our member associations in Latin America and the Caribbean to eliminate gender-based violence (GBV) by integrating GBV screening and services into their reproductive health services.  Click here to learn more about our Gender-Based Violence Program, which helps survivors of gender-based violence like Linda every day.

Support Linda Loaiza's Struggle for Justice

Linda Loaiza's extraordinary story is an extreme example of not only the physical and sexual violence experienced daily by women all over the world, but also the stigmatization, and the financial and psychological burdens they suffer when seeking justice from state institutions. As a signatory of international human rights agreements, including the Convention of Belem do Para, and the American Declaration of the Rights and Duties of Man regulated by the Organization of American States, the Venezuelan government guarantees every woman "the right to simple and prompt recourse to a competent court for protection against acts that violate her rights” and agrees to "undertake to establish the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to restitutions, reparations or other just and effective remedies.” 

This battle is far from over.  Linda's resolve is strong, and she plans to appeal the court’s decision. IPPF/WHR and our Venezuelan affiliate, PLAFAM will continue to support her in her ongoing quest for justice and closure.

Please support our efforts to support Linda's struggle for justice and to prevent gender-based violence throughout Latin America and the Carribean  - click here to make a secure online donation.