8
1.
That the State ratified the American Convention on August 9, 1977 and that
pursuant to Article 62 thereof, it recognized the contentious jurisdiction of the Court on
June 24, 1981.
2.
That Article 63(2) of the American Convention provides that, “[a]t any stage of
the proceedings involving cases of extreme gravity and urgency and when necessary
to avoid irreparable damage to persons, the Court may, at the request of a party or on
its own motion, order 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.
That Article 25(1) of the Rules of Procedure provides that, “[a]t any stage of
the proceedings involving cases of extreme gravity and urgency, and when necessary
to avoid irreparable damage to persons, the Court may, at the request of a party or on
its own motion, order such provisional measures as it deems pertinent, pursuant to
Article 63(2) of the Convention.”
4.
That Article 1(1) of the Convention enshrines the duty of the States Parties to
ensure to all persons subject to their jurisdiction the free and full exercise of the rights
and freedoms protected by such treaty.
5.
That under Human Rights International Law urgent and provisional measures
serve a further purpose, which is to protect fundamental human rights, thus
preventing irreparable damage to persons.
6.
That provisional measures are exceptional, are ordered in response to the need
of protection, and, once ordered, must be maintained as long as the Court deems that
the prerequisites of extreme gravity and urgency and the need to prevent irreparable
damage to the rights of the persons thereby protected persist.
7.
That pursuant to the Order of the Inter-American Court of July 9, 2004 (supra
Having Seen clause 1) the State must, inter alia, adopt measures aimed at protecting
the life, physical integrity, and personal freedom of Carlos Nieto-Palma, as well as the
lives and physical integrity of his next of kin; conduct an investigation into the facts
which gave rise to the adoption of the provisional measures in order to identify those
responsible and punish them; allow the beneficiaries or the representatives thereof to
take part in the planning and implementation of the protection measures, as well as to
keep them informed of the progress regarding the compliance with the measures
ordered by the Court, and submit to the Court such reports as may be required.
8.
That on July 3, 2006 the State requested that the provisional measures ordered
in behalf of Carlos Nieto-Palma be discontinued due to the fact that “to date the State
has fully complied with [such measures and as], furthermore, the events and
circumstances which gave rise to the adoption of such measures […] have already
ceased,” and that on August 23, 2006 it requested that the provisional measures be
discontinued “as there is no evidence of irreparable damage or an imminent danger
against [Carlos Nieto-Palma and his next of kin]” (supra Having Seen clause 3(j) and
12(d)). Furthermore, it pointed out that the Juzgado Cuadragésimo Octavo de Primera
Instancia en Funciones de Control del Circuito Judicial Penal (Forty-Eighth First
Instance Criminal Judicial Circuit Controlling Court) of Caracas Metropolitan Area has
not as yet rendered judgment regarding the request so that the proceedings be
dismissed;”
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