because, since the last Order issued by the Court in this matter (in July 2006), the State
had only presented six reports, even though it should have sent reports every two months.
Moreover, since 2008, it had not provided any information on the implementation of the
measures.
3.
The representatives of the beneficiary have not presented information since February
2009, and failed to submit observations on the State’s request, despite being asked to do so
on two occasions. For its part, the Inter-American Commission, which had requested the
provisional measures, has not presented any information since May 2009. Since that date,
the Commission and the representatives have provided minimal or no information that
would substantiate the beneficiary’s interest or desire to maintain the measures in force, or
verify the persistence of the situation of extreme gravity and urgency that gave rise to
them. To the contrary, with regard to the request to lift the measures, the Commission
indicated that it “considers that there are no elements that indicate the persistence of the
situation of extreme gravity, urgency, and risk of irreparable damage.”
4.
Consequently, the Court must order the lifting of the measures of protection ordered.
This does not mean that it considers that the State has complied effectively with them in
any way, nor can it imply that the State is relieved of its general obligations of protection
contained in Article 1(1) of the Convention, under which States have the special obligation
to guarantee the rights of those persons who are in a situation of risk, and must facilitate
the investigations required to clarify the facts, followed by the consequences established by
the pertinent law. 3
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Articles 63(2) of the American Convention on
Human Rights and 27 and 31 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court since July 30,
2003, in favor of Marta Colomina, notwithstanding the subsistence of the general obligations
of the State pursuant to Article 1(1) of the American Convention on Human Rights.
2.
To require the Secretariat of the Inter-American Court to notify this Order to the
State of Venezuela, the Inter-American Commission on Human Rights, and the
representatives of the beneficiary.
3.
The close the file of this matter.
measures effectively; that it had failed to comply with the obligation imposed on it by Article 68(1) of the
Convention and, in application of Article 65 thereof, and that it had repeatedly failed to comply with its obligation
to inform the Court clearly, precisely and in detail about the implementation of the measures.
3
Cf. Case of Velásquez Rodríguez. Provisional measures with regard to Honduras. Order of the Court of
January 15, 1988, third considering paragraph; Matter of the “El Nacional” and “Así es la Noticia newspapers.”
Provisional measures with regard to Venezuela. Order of the Court of November 25, 2008, thirty-ninth considering
paragraph, and Case of Avila Moreno et al. Provisional measures with regard to Colombia. Order of the Court of
May 30, 2013, twenty-third considering paragraph.
2