6
.
18.
On October 21, 2008, following instructions of the President and in the terms of
Article 45(1) of the Rules of Procedure, the State was required to forward uncertified full
and legible copies of that acted in the investigations and legal proceedings opened or
processed in relation with complaints or appeals filed by the alleged victims. On December
5, 2008 the State forwarded the mentioned documents in response to the above. The
representatives and the Commission were granted a term to forward the observations
considered appropriate. On January 5, 2009, after the granting of an extension, the
representatives forwarded their observations and they additionally made observations that
do not refer strictly to the documents presented by the State (infra para. 89). The
Commission did not present observations.
19.
On the other hand, the following organizations, entities, and institutions presented
briefs in their condition of amicus curiae: on May 15, 2008 the Netherlands Institute for
Human Rights-SIM; on May 27, 2008 the Institute for Democracy and Human Rights of the
Pontifical University of Peru - IDEHPUC; on June 6, 2008 the Legal Office of the Torcuato Di
Tella University and the Association for Civil Rights -ADC; on July 2, 2008, the International
Radio Broadcasting Association -AIR-; on July 11, 2008, the Inter-American Media Society;
on July 15, 2008 the Association Mondiale des Journaux; on July 29, 2008 the Venezuelan
Chamber of the Broadcasting Industry; on July 31, 2008 the National Syndication of Media
Employees (STNP); on August 1, 2008 the Bar Association of the City of New York; on
August 7, 2008 the World Press Freedom Committee; on August 5, 2008 the “Broadcasting
Association of Chile – ARCHI”; on September 2, 2008 the National Union of Employees of
the Radio-Television Industry Coraven–RCTV (SINATRAINCORACTEL), and on September 5,
2008 the Center of Studies on Law, Justice, and Society (DeJuSticia).
IV
Provisional Measures
20.
On November 27, 2002 the Commission presented before the Court a request of
adoption of provisional measures. On that same day the Court issued an order in which it
required that the State adopt provisional measures to protect the life and personal integrity
of Luisiana Ríos, Armando Amaya, Antonio José Monroy, Laura Castellanos, and Argenis
Uribe.12 That request was related to a case being processed before the Commission.
21.
On January 24th and February 6, 2003 the Court summoned the parties to a public
hearing on the provisional measures at the Court’s headquarters, which was held on the
17th day of the same month and year.
22.
On February 20, 2003 the Court issued an order in which it decided to “declare that
the State has not effectively implemented the provisional measures ordered by the Court”
and reiterated to the State the requirement to adopt them. 13
23.
On September 29, 2003 the Commission submitted to the Court a request to expand
the provisional measures in favor of Messrs. Carlos Colmenares, Noé Pernía, and Pedro
Nikken. On October 2, 2003 the President of the Court issued an order expanding the
provisional measures,14 which was ratified by the Court on November 21 st of the same
year.15
12
13
Cf. Order issued by the Inter-American Court of Human Rights on November 27, 2002.
Cf. Order issued by the Inter-American Court of Human Rights on February 20, 2003.
14
Cf. Order issued by the then President of the Inter-American Court of Human Rights on October 2, 2003.
15
Cf. Order issued by the Inter-American Court of Human Rights on November 21, 2003.