4
Measures as it deems pertinent, and in cases not yet submitted to the Court, it may
act at the request of the Commission.
3.
Pursuant to Article 25(1) and 25(2) of the Rules of Procedure of the Court,
[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.
[w]ith respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[...]
4.
Article 1(1) of the Convention states the obligation of the States Parties to
respect the rights and freedoms recognized in that treaty and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
5.
The background information submitted by the Commission in its request
(supra, second and third Having Seen) demonstrates prima facie the existence of a
situation of extreme gravity and urgency regarding the life and physical safety of
Luis Enrique Uzcátegui Jiménez.
6.
The purpose of urgent and provisional measures, in International Human
Rights Law, in addition to their essentially preventive nature, is to effectively protect
fundamental rights, insofar as they seek to avoid irreparable damage to persons.
Granting urgent and provisional measures, given their own juridical nature and
purpose, can under no circumstances prejudge on the merits of the case.
7.
It is a responsibility of the State to adopt security measures to protect all
persons under its jurisdiction, and this duty is even more evident in connection with
persons involved in proceedings before the bodies responsible for protection under
the American Convention.
8.
The State also has the obligation to investigate the facts that gave rise to this
request for Provisional Measures with the aim of identifying those responsible and
punishing them as appropriate.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
exercising the authority granted by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To order the State to adopt, without delay, all necessary measures to protect
the life and the right to humane treatment of Luis Enrique Uzcátegui Jiménez.
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