JOINT SEPARATE OPINION OF
JUDGES A. A. CANÇADO TRINDADE AND M. E. VENTURA-ROBLES
1.
We have concurred in our Opinions with the adoption on this date by the InterAmerican Court of Human Rights of the orders in the Matters of García-Uribe et al
regarding Mexico, and Yare I and Yare II Capital Region Penitentiary Center regarding
Venezuela. However, we must express our concern for the relevance of the events
reported which involve, in the first case, the publicly known and flagrant killing of
women in Ciudad Juárez and, in the second case, the conditions of imprisonment and
alleged murders at Yare prison in Venezuela.
2.
Had all the requirements set forth in the Convention been met, all necessary
requests been recorded and proceedings on the corresponding cases been initiated by
the Inter-American Commission on Human Rights, the Inter-American Court would
have had the chance to duly evaluate the related requests for provisional protection
measures in both cases. We highlight the importance of the rule of law, both in the
domestic and international context, to guarantee an efficient protection, particularly
regarding such an extremely urgent and serious situation. Therefore, we believe that
the Inter-American Commission should now redress said omission so that the InterAmerican Court may proceed to analyze the requests for provisional protection
measures in both cases and, if necessary, extend protection thereunder as required.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura-Robles
Judge
Pablo Saavedra-Alessandri
Secretary
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