5
11.
That the representatives informed as follows:
a)
“that they were not asked to participate in the designing and
evaluation” of the measures of protection. They stated that Mr. Uzcátegui
“only received one invitation to participate in a meeting attended by the
High Prosecutor, the 1st Prosecutor of the State of Falcón and the Deputy
Ombudsman of said State. An agreement was signed at said meeting,
restricting the measure to police patrolling;”
b)
On May 21, 2005, they noted that “none of the authorities
commissioned with providing protection have gotten in contact with the
petitioners or the beneficiary to directly coordinate the mechanisms of
protection,” and
c)
On September 9, 2008, they stated that “the beneficiary […] does not know
the officials […] in charge of protecting his life and personal integrity.”
12.
That the Commission stated that “the State report does not show whether the
beneficiary and his representatives ha[ve] been allowed any involvement in the
planning, mechanism and implementation of said measures.” Moreover, the Commission
found it “essential for the beneficiary and his representatives to have a State that is able
to consistently coordinate and make decisions to guarantee the implementation of
effective measures.”
13.
That the State must take all such steps as are appropriate so that the measures
of protection ordered by the Court will be planned and implemented with the
participation of the beneficiary thereof or his representatives, such that said measures
are carried out diligently and effectively.2 The Court finds that some of the meetings
organized by the State are a positive contribution to compliance with the provisional
measures, and that it is necessary to secure as much information and coordination as
possible to better implement the measures of protection.
*
*
*
14.
That, as to the persistence of the extreme gravity and urgency in avoiding
irreparable damage to the life and personal integrity of Mr. Uzcátegui, over the past four
years the representatives have claimed as follows:
a)
On May 16, 2005, Mr. Uzcátegui stated that:
[t]wo weeks ago, two members of the LINCE group […] on motorbikes
aggressively came up to me at a pay phone, and asked for my ID. Once I showed
them my ID, they said: “You’re that Uzcátegui guy, and you have unfinished
business to settle with all of us.” They kept my ID for a while and then left.
Likewise, on repeated occasions I noticed that two officials attached to the LINCE
group of the Armed Police Forces […] had been following me, particularly on my
way to meetings with next of kin of victims of alleged executions, and on my way
to the Coro Vicarage;
2
Cf. Case of García-Prieto et al. Provisional Measures regarding El Salvador. Order of the Court of
January 27, 2007, twelfth considering clause.