ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 20, 2003
PROVISIONAL MEASURES
LUIS UZCÁTEGUI V. VENEZUELA
HAVING SEEN:
1.
The November 27, 2002 Order of the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”) regarding the Provisional
Measures requested by the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) in favor of Luis
Enrique Uzcátegui Jiménez, in which it decided:
1.
To order the State to adopt, without delay, all necessary measures to protect
the life and the right to humane treatment of Luis Enrique Uzcátegui Jiménez.
2.
To order the State to allow the applicants to participate in planning and
implementation of the protection measures and, in general, to inform them of progress
regarding the measures ordered by the Inter-American Court of Human Rights.
3.
To order the State to investigate the facts stated in the complaint that gave
rise to the instant measures, with the aim of discovering and punishing those
responsible.
[…]
2.
The December 12, 2002 brief filed by the Venezuelan State (hereinafter “the
State” or “Venezuela”) in which it submitted its first report on “compliance with the
November 27 [2002] Order of [the] Court” in favor of Luis Uzcátegui Jiménez and it
reported that it had sent briefs to the Ministry of the Interior and Justice, the Public
Prosecutor’s Office and the Office of the Ombudsperson, asking them to “issue the
appropriate orders for compliance with the Provisional Measures” and the “Office of
the Attorney General [Fiscal General de la República] […] reported that the 1st
Prosecutor of the Public Prosecutor’s Office of Court Circuit of the State of Falcón was
commissioned” to carry out the measure set forth in operative paragraph 3 of the
Order of the Court in the instant case (supra Having Seen 1).
3.
The December 20, 2002 observations of the Inter-American Commission to
the first report by the State on the Provisional Measures, in which it stated that it
“deems it fundamental to carry out all necessary measures for full protection” of the
beneficiary, as no official act had been carried out by the State to fully comply with
the Provisional Measures and “the situation of Luis Enrique Uzcátegui Jiménez, far
from improving, ha[d] worsened, [for which reason] the State [was] seriously in
contempt [...].”
4.
The December 20, 2002 note by the Secretariat of the Court (hereinafter “the
Secretariat”) in which, under instructions by the President of the Inter-American
Judges Máximo Pacheco Gómez and Carlos Vicente de Roux Rengifo informed the Court that, for
reasons of force majeure, they could not attend the public hearing on February 17, 2003, for which
reason they did not participate in the deliberation and signing of the instant Order.
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