3
11.
The communication of the Secretariat dated October 25, 2010, granting the
representatives a deadline of October 29, 2010, and the Commission a deadline of
November 3, 2010, to submit their comments on the State report. The communication of
the Commission dated November 3, 2010, asking for its deadline for the submission of
the aforementioned comments to be extended until November 5, 2010. Communication
of the Secretariat dated November 5, 2010, granting the deadline extension and
repeating its request to the representatives for the submission of their comments.
12.
The brief of the Commission dated November 5, 2010, in which it stated that "the
State reported on some of the investigations into the various incidents that took place of
the detriment of the Barrios family, including the recent death of Wilmer José Flores
Barrios[. With regard to this incident,] the State reported that the investigation has been
launched and certain steps have been ordered to be taken." Likewise, it indicated that
the State has not given any response to the situation of vulnerability that continues to be
faced by the beneficiaries of the provisional measures and that has contributed to the
deaths of three of them. It expressed its deep concern over the limited information
provided by the State.
13.
The Communication of the Secretariat dated November 19, 2010, repeating its
request to the representatives for the submission of their comments. As of the date of
this Order, those comments have not yet been received.
CONSIDERING THAT:
1.
Venezuela has been a State Party to the American Convention on Human Rights
(hereinafter "the American Convention" or "the Convention") since August 9, 1977, and
recognized the contentious jurisdiction of the Court on June 24, 1981.
2.
The Tribunal has indicated that provisional measures are not solely precautionary,
in the sense that they preserve the legal situation. Rather they are fundamentally
tutelary, in that they protect human rights by seeking to prevent irreparable damage to
persons.1In that sense, the purpose of these measures is to preserve the rights
potentially at risk for as long as the dispute remains unresolved. Their goal is to ensure
the integrity and effectiveness of the decision on the merits and to thereby avoid
infringement of the rights under consideration, which could render innocuous or have an
effect on the effet utile of the final decision. Provisional measures, therefore, allow for
the State in question to comply with the final decision, and, if applicable, to implement
the reparations ordered2
1
Cf. Case of the Newspaper “La Nación.” Provisional Measures regarding Costa Rica. Order of the Court
of September 7, 2001, Considering 4; Matter of Natera Balboa. Request for Provisional Measures presented by
the Inter-American Commission on Human Rights with regard to Venezuela. Order of the Court of February 1,
2010, Considering Clause 7, and Case of de la Cruz Flores v. Peru. Monitoring Compliance with Judgment and
Request for Adoption of Provisional Measures. Order of the Court of September 1, 2010, Considering 74.
2
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center. Request for Provisional
Measures presented by the Inter-American Commission on Human Rights with regard to Venezuela. Order of
the Court of February 8, 2008, Considering 7; Matter of Four Ngöbe Indigenous Communities and their
Members. Reparations requested by the Commission regarding Panama. Order of the Court of November 28,
2010, Considering 3, and Case of the Caracazo (COFAVIC Matter). Request for Provisional Measures regarding
Venezuela. Order of the Court of May 28, 2010, Considering 4.