4.
That Article 1(1) of the Convention establishes the obligation of States Parties
to respect the rights and freedoms recognized therein and to ensure their free and
full exercise to all persons subject to their jurisdiction.
5.
That, in general, the purpose of provisional measures in domestic legal
systems (internal procedural law) is to protect the rights of the parties in dispute,
ensuring that the judgment on merits is not prejudiced by their actions pendente
lite.
6.
That the purpose of urgent and provisional measures in international human
rights law goes further because, in addition to their essentially preventive nature,
they protect fundamental rights, inasmuch as they seek to avoid irreparable damage
to persons.
7.
That the Court has already established in its order of November 27, 2002,
that the facts described by the Commission in its request demonstrated prima facie
the existence of a situation of extreme gravity and urgency for the lives and safety
of Luisiana Ríos, Armando Amaya, Antonio José Monroy, Laura Castellanos and
Argenis Uribe1.
8.
That, in view of the facts described in the public hearing (supra sixteenth and
seventeenth having seen paragraphs) and of the testimony presented (supra
fourteenth and fifteenth having seen paragraphs), the Court considers it necessary
to reiterate to Venezuela that it is the State’s responsibility to adopt security
measures to protect all persons who are subject to its jurisdiction and this
obligations is even more evident in relation to those who are involved in proceedings
before the organs of protection of the American Convention.
9.
That Venezuela has the obligation to investigate the facts that gave rise to
the adoption of provisional measures in favor of Luisiana Ríos, Armando Amaya,
Antonio José Monroy, Laura Castellanos and Argenis Uribe, because the State has
the obligation to combat that situation by all available legal means, since impunity
promotes the chronic repetition of human rights violations and the total
defenselessness of the victims and their next of kin2.
10.
That States must comply with the obligations they assume when they accede
to conventions in good faith (pacta sunt servanda) as stipulated in Article 27 of the
1969 Vienna Convention on the Law of Treaties, which codifies a basic principle of
general international law when it states that:
[a] party may not invoke the provisions of its internal law to justify for
its failure to perform a treaty.[...]
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
1
Cf. Luisiana Ríos et al. v. Venezuela. Provisional measures. Order of the Inter-American Court of
Human Rights of November 27, 2002, fifth considering paragraph.
2
Cf. Bámaca Velásquez case. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of February 22, 2002. Series C No. 91, para. 64; Bámaca Velásquez case. Judgment of
November 25, 2000. Series C No. 70, para. 211 and Loayza Tamayo case. Reparations (Art. 63(1)
American Convention on Human Rights). Judgment of November 27, 1998. Series C No. 42, para. 170.
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