8.
That the Court considers it necessary to clarify that, in view of the cautionary
character of provisional measures (supra Considering 4), exceptionally, it is possible that
the Tribunal orders them even when a contentious case does not exist, strictly speaking, in
the Inter-American system, such as in situations that, prima facie, can have a result of
grave and urgent effects upon human rights. For this, the Court must make a valuation of
the problem raised, the effectiveness of the state actions against the situation described,
and the amount of protection that is lacking for the persons who requested the measures in
case that they are not adopted. In order to achieve this objective, it is necessary that the
Inter-American Commission present a sufficient motivation that covers the criteria signaled
and that the State does not demonstrate in a clear or sufficient manner the effectiveness of
the determined measures that were adopted in the internal jurisdiction.4
9.
That the information supplied by the Commission shows that Mr. Guerrero Larez,
who was deprived of liberty while fulfilling a penalty of confinement in the General
Penitentiary of Venezuela, was found missing since September 7, 2009 (supra Having Seen
2(a)), the date on which a family member had a telephone call with him for the last time.
On the same date, another family member received a telephone call that indicated that Mr.
Guerrero Larez have been deprived of his life in the Penitentiary. On the other hand, the
Court does not rely on the information that such person left the penitentiary voluntarily.
10.
That Article 63(2) of the Convention demands that for the Court to provide
provisional measures, three conditions must coincide: i) “extreme gravity;” ii) “urgency;”
and iii) to try to “avoid irreparable damages to persons.” These three conditions are coexistent and must be present in each situation in which the intervention of the Tribunal is
requested.5 In the present matter, the extreme entity and the intensity of the situation of
risk served as a warning for the alleged disappearance of Mr. Guerrero Larez. Likewise, the
Tribunal considers that the intervention to prevent the threat shall not be postponed,
because the wait and lack of a response implicate in themselves a danger. Finally, the
irreparable character of a situation of grave and urgent risk is evident related with the rights
to life and personal integrity, and the Tribunal has the obligation to protect when the
circumstances established in Article 63(2) of the American Convention coincide.
11.
That, for its part, the Tribunal observes that the family members and the
representatives denounced the act before various state authorities, such as: a) the National
Board of Penitentiary Services,6 b) the Ministry of the People’s Power for Interior Relations
and Justice,7 c) Sixth Judge of the First Instance of Criminal Law in charge of the execution
of the Metropolitan Area of Caracas,8 d) the Prosecutor General of the Republic,9 e) the
4
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center, supra note 3, Considering
ninth.
5
Cf. Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Inter-American Court
of Human Rights of July 6, 2009, Considering fourteenth.
6
Cf. Request for Provisional Measures of November 13, 2009, Record of the National Direction of
Penitentiary Services, Appendix 9.
7
Cf. Request for Provisional Measures of November 13, 2009, Request of the Venezuelan Observatory of
Prisons, received by the Office of the Ministry of People´s Power for Interior Relations and Justice on October 5,
2009, Appendix 10.
Cf. Request for Provisional Measures of November 13, 2009, Request of the Venezuelan Observatory of
Prisons before the Sixth Judge of the First Instance in Criminal Law in function of the execution of the Metropolitan
Area of Caracas, received October 13, 2009, Appendix 11.
8
9
Cf. Request for Provisional Measures of November 13, 2009, Request of the Venezuelan Observatory of
Prisons received by the Unit of the Secretary General of the Public Ministry on October 2, 2009, Appendix 12.