31. On April 15, the Commission sent another communication to the State to set up a meeting
between the two parties to establish and activate the coordination and supervision mechanism
requested by the Court in its resolution of February 20.
32. On April 23, 2003, the State communicated with the Commission to report that it was
looking into a date for the meeting between the Commission and the State, as requested by
the Commission in its note of April 15, 2003. On April 28, 2003, the Commission informed the
Court of the State’s response of April 23, 2003.
33. On April 25, 2003, the State presented its fourth report on the implementation of the
provisional measures, which was transmitted to the Commission on April 28.
34. On June 9, 2003, the Commission sent the Court its comments and the comments of the
petitioners on the State’s fourth report on the provisional measures. The Commission
reiterated its concern that “the investigations had yielded no concrete results to date and that
after being in place for one year, they were still in the preliminary stages of implementation.”
It also commented that, "regarding the protective measures, they have not been effectively
implemented, as a result of which the beneficiaries of such measures remain defenseless
against any action taken against their lives."
35. On June 19, the Commission again sent a note to the State requesting a meeting at the
seat of Government at a time and date proposed by the State, to comply with the decision of
the Inter-American Court on the follow-up mechanism for the provisional measures. As of the
writing of this report, no date has been set for this meeting.
36. On September 16, 2003, the IACHR received a request to extend the provisional measures
to RCTV employees Pedro Nikken, Carlos Colmenares, and Noé Pernía, which was submitted to
the Court on September 29, 2003.
37. On October 3, 2003, the IACHR received a resolution dated October 2, 2003 from the
President of the Court concerning the request for extending the above-mentioned provisional
measures. The resolution, inter alia, reiterated to the State the requirement to adopt as many
measures as necessary to protect the lives and personal integrity of the persons subject to the
provisional measures, and to extend their coverage to Carlos Colmenares, Noé Pernía and
Pedro Nikken. The Court also resolved to require the State to investigate the facts that gave
rise to the measures for the purpose of identifying those responsible and punishing them.
38. On November 21, 2003, the IACHR received a resolution handed down by the Court
ratifying all the terms of the October 2, 2003 resolution of the President of the Court. In the
preamble, the Court noted that the State had to date failed to produce “the urgent report that
was required under the President’s October 2, 2003 resolution on the measure adopted to
effectively safeguard the lives, personal integrity, and freedom of expression of Carlos
Colmenares, Noé Pernía and Pedro Nikken,” while reminding the State of its obligation to
“investigate the facts that gave rise to the provisional measures with a view to identifying
those responsible and meting out the pertinent punishments.” On December 2, 2003, the
Court issued a resolution, which stated in its preamble, inter alia, that “the Court finds that
Venezuela has submitted four reports. However, the documents submitted do not show
effective implementation of the measures requested by this Court to protect the lives and
personal integrity of the beneficiaries; ensure participation of the petitioners in coordinating
and planning the type of protection; research the facts underlying the measures; and submit
reports by the State to the Court every two months. Furthermore, the deadline for presenting
the pending report on the provisional measures expired on September 11, 2003, the extended
deadline for the emergency measures expired on October 15, 2003, and the extended deadline
for the provisional measures on November 28, 2003, but none of the reports has been
received.” By that resolution, the Court decided:
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