Order of the
Inter-American Court of Human Rights
of January 26, 2009
Provisional Measures
regarding the Bolivarian Republic of Venezuela
Matter of Carlos Nieto-Palma et al.
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter, “the
Inter-American Court” or “the Court”) of July 9, 2004, whereby the Court ordered
provisional measures for the benefit of Carlos Nieto-Palma and his next of kin Ivonne
Palma-Sánchez, Eva Teresa Nieto-Palma and John Carmelo Laicono-Nieto.
2.
The Order of the Inter-American Court of September 22, 2006, whereby the
Court reiterated its order that the State maintain any measures it may have adopted
and take forthwith such other measures as may be necessary to effectively protect
the life, integrity and liberty of Carlos Nieto-Palma, as well as the life and integrity of
Ivonne Palma-Sánchez, Eva Teresa Nieto-Palma and John Carmelo Laicono-Nieto.
3.
The Order of the Inter-American Court of July 3, 2007, whereby, among other
things, the Court lifted the provisional measures it had ordered in its Order of
September 22, 2006 for the benefit of Eva Teresa Nieto-Palma and John Carmelo
Laicono-Nieto, and reiterated that the State was to maintain any measures it had
adopted and to take forthwith such measures as may be necessary to effectively
protect the life, physical integrity and personal liberty of Carlos Nieto-Palma, as well
as the life and physical integrity of Yvonne Palma-Sánchez.
4.
The Order of the Inter-American Court August 5, 2008, through which, inter
alia, the Court decided:
1.
To require the State to maintain the necessary measures to protect the life
and personal integrity of Carlos Nieto Palma and Ivonne Palma Sánchez, for at least six
months from notification of this Order, following which the Court will assess the
pertinence of maintaining them in force.
2.
To request Carlos Nieto Palma or his representatives to submit, by October 10,
2008, at the latest, their observations on the existence and continuation of the
assumptions of extreme gravity and urgency and of possible irreparable damage that
justify the need to maintain these provisional measures in force.
3.
To require the Inter-American Commission on Human Rights to present to the
Inter-American Court of Human Rights its observations on the observations of Mr. Nieto
Palma or his representatives that were requested in the preceding operative paragraph,
within two weeks of receiving them. Also, to require the State to present a report to
the Inter-American Court of Human Rights on the observations of Carlos Nieto Palma
and Ivonne Palma Sánchez and of the Inter-American Commission on Human Rights,
within two weeks of receiving them.
[…]