the provisional measures in the matter of the Aragua Penitentiary Center “Tocorón
Prison” required by the Court in its Order of November 24, 2010 (supra having seen
paragraph 2).
5.
The briefs of March 4 and April 12, 2011, in which the Bolivarian Republic of
Venezuela (hereinafter “the State” or “Venezuela”) presented two bi-monthly reports
on the implementation of the provisional measures in which it referred both to the four
matters joindered in the Order of November 24, 2009 (supra having seen paragraph
1), and, in the same brief, to the implementation of the provisional measures in the
matter of the Aragua Penitentiary Center “Tocorón Prison,” required by the Court in the
Order of November 24, 2010 (supra having seen paragraph 2).
6.
The brief of May 10, 2011, in which the representatives of the beneficiaries
submitted their observations on the State’s bi-monthly report of March 4, 2011 (supra
having seen paragraph 5).
7.
The notes of the Secretariat of the Court of March 24, April 15, and May 9 and
12, 2011, regarding the provisional measures in the four matters joindered in the
Order of November 24, 2009, in which it informed the representatives of the
beneficiaries and the Inter-American Commission on Human Rights of the time frame
for presenting their respective observations on the reports submitted by the State
(supra having seen paragraph 5), in accordance with the third operative paragraph of
the Order of November 24, 2009 (supra having seen paragraph 1).
CONSIDERING THAT:
1.
Venezuela has been a State Party to the American Convention since August 9,
1977, and, in accordance with Article 62 of the Convention, accepted the compulsory
jurisdiction of the Court on June 24, 1981.
2.
Article 63(2) of the American Convention provides that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons, the
Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act
at the request of the Commission.”
3.
The Court observes that, of their own initiative and without the Court having
requested this previously, the State and the representatives have each presented in a
single brief (supra having seen paragraphs 4 and 5) consolidated information regarding
the implementation of both the four matters joindered in the Order of November 24,
2009, and on the provisional measures ordered in the matter of the Aragua
Penitentiary Center “Tocorón Prison.”
4.
In this regard, although in the Order of November 24, 2009, the Court decided
“to joinder procedurally the processing” of the provisional measures in the four matters
concerning Venezuelan penitentiary centers (supra having seen paragraph 1) and,
subsequently, in the Order of November 24, 2010, it required the adoption of
provisional measures in the matter of the Aragua Penitentiary Center “Tocorón Prison”
(supra having seen paragraph 2), to date, the latter has been processed separately
from the four matters that were joindered. Based on the principle of procedural
economy, as well as in the interests of a more satisfactory processing and analysis of
the information, the Court finds it appropriate to joinder the processing of all five
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