2
[…]
2.
The brief submitted by the Inter-American Commission on Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) on July 16, 2004,
which included the list of names of Carlos Nieto-Palma’s next of kin, in whose behalf
the State of Venezuela (hereinafter “the State” or “Venezuela”) must adopt protection
measures. The beneficiaries of such measures are Yvonne Palma-Sánchez, mother;
Eva Teresa Nieto-Palma, sister; and John Carmelo Laicono-Nieto, nephew. The
Commission pointed out that Eva Teresa Nieto-Palma and John Carmelo Laicono-Nieto
lived in Florida, United States of America, but both of them were in Venezuela until
July 25, 2004, whereby “the State must adopt protection measures in their behalf
while they stay in [its] jurisdiction.”
3.
The briefs submitted by the State on October 14, 2004; May 2, July 4,
September 5, November 23, and December 5, 2005; and on February 10, April 5, and
July 3, 2006; whereby it argued, inter alia, that:
a)
by means of official letter No. 00102 of July 12, 2004 it started the
pertinent steps before the Office of the Public Prosecutor to submit accurate
information regarding the compliance of the State with the measures ordered.
In that regard, the Attorney General of the Republic on October 4, 2004, by
means of official letter No. DFGR-DVFGR-DGAP-DPDF-1469462, informed that
the Thirty-Fourth Prosecutor of the Office of the Public Prosecutor was
commissioned with full jurisdiction nationwide and “decided that all such
relevant steps as may be necessary regarding the investigation proceedings be
taken.” He further informed that on July 16, 2004, the above-mentioned
commissioned Prosecutor went to Universidad Católica Andrés Bello, where
Carlos Nieto-Palma is a Professor, in order to establish his whereabouts.
Furthermore, he pointed out that Mr. Nieto-Palma argued that “he was about to
travel, whereby he could not possibly speak to said Prosecutor on that
opportunity […].” The State pointed out that on July 26, 2004 the Juzgado
Décimo Noveno de Primera Instancia en Funciones de Control del Circuito
Judicial Penal (Nineteenth First Instance Criminal Judicial Circuit Controlling
Court) of Caracas Metropolitan Area, at the request of the Superior Prosecutor
of the Office of the Public Prosecutor of said Judicial District, decided that
protection measures were to be adopted in behalf of Carlos Nieto-Palma and
designated the Instituto Autónomo de Policía (Police Autonomous Institute) of
El Hatillo Municipal District as the agency in charge of taking such protection
measures until July 29, 2004, when the Metropolitan Police undertook such
functions;
b)
it submitted a proposal for the creation of a “Special Brigade to
coordinate and supervise the compliance with the Provisional and Precautionary
Measures ordered by the Court and the Commission […,] respectively, with the
purpose of duly fulfilling the conventional duty of informing every two months
[…] about the progress regarding the implementation of such measures;”
c)
“the […] case is in charge of the Thirty-Fourth Prosecutor of the Office of
the Public Prosecutor with Criminal Jurisdiction Nationwide.” Furthermore, it
pointed out that, as regards the protection measures afforded to Mr. NietoPalma, “various officials assigned to the Metropolitan Police were duly
complying therewith;”
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