to said reports of the State, within four weeks of receiving notification of the reports and
the Inter-American Commission on Human Rights to submit its observations to such
reports of the State within six weeks of receiving it.
[…]
2.
The communication of the Court's Secretariat (hereinafter, the
"Secretariat") of April 5, 2011, by means of which it was noted that the time limit
for the Bolivarian Republic of Venezuela (hereinafter, the "State" or "Venezuela") to
submit the State's report required in operative paragraph five of the Court's Order
of February 21, 2011, had expired on March 22, 2011, and yet this Secretariat had
still not received said report.
3.
The communication of the Inter-American Commission on Human Rights
(hereinafter, the "Inter-American Commission" or the "Commission") of May 30,
2011, by means of which it informed that on May 28, 2011, “Mr. Juan José Barrios
was murdered [by] two men dressed in black, who shot him several times".
4.
The communication of the Secretariat of June 2, 2011, by means of which
the State was requested to present a report on the recent facts related to the
alleged murder of Mr. Juan Jose Barrios (hereinafter, also “Juan Barrios”) and the
proceedings carried out to such effect; moreover, the State was ordered to adopt,
immediately and effectively, all the necessary and special measures, in addition to
the measures already adopted, to protect and guarantee the lives and personal
integrity of the beneficiaries of the measures.
5.
The report of the State of June 10, 2011, by means of which the State made
reference to the proceedings carried out in order to shed light on the facts related
to the death of Juan Barrios and establish the criminal responsibility.
6.
The brief of the beneficiaries' representatives (hereinafter, the
"representatives") of June 20, 2010, by means of which they forwarded additional
information to the State’s response regarding the recent murder of Mr. Juan Jose
Barrios and, in general, regarding the provisional measures granted in favor of the
members of the Barrios family.
7. On June 23, 2011, the Commission submitted its observations to the State’s
report, in which it mentioned that “the State limited to inform on the launch of the
criminal investigation in which some proceedings were ordered, such as the
technical inspection of the crime scene". In addition, it expressed “its deep concern
about the limited information furnished by the State” and it considered that the
State must “give priority to the situation of the Barrios family by means of the
adoption of immediate protective measures, which must be agreed by consensus
with the beneficiaries through adequate mechanisms of participation”.
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 that it accepted the contentious jurisdiction of the Court on June 24,
1981.
2.
The Tribunal has established that provisional measures are not only
preventive in nature, in the sense that they preserve a juridical situation, but they
are also essentially protective inasmuch as they seek to safeguard human rights
2