7
20.
The April 24, 2006 letter from the Secretariat, whereby it requested that the
State “clarify whether the images submitted by the beneficiaries on video or in the
appendix to their latest comments were broadcasted by a state TV channel, and
whether they are currently shown on the air.”
CONSIDERING:
1.
That Venezuela has been a State Party to the American Convention on Human
Rights (hereinafter, “the Convention” or the “American Convention”) since August 9,
1977, and that, pursuant to Article 62 thereof, it recognized the jurisdiction of the
Court on June 24, 1981.
2.
That Article 63(2) of the American Convention provides that in cases of
“extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons,” the Court may, in matters not yet submitted to the Court, adopt such
provisional measures at the Commission’s request as it may deem pertinent.
3.
That in the International Law of Human Rights, provisional measures are not
only precautionary to the extent that they maintain the legal status quo, but also and
essentially they are protective in nature, as they protect human rights, insofar as
they are intended to avoid irreparable damage to persons. Provided that the basic
requirements of extreme gravity and urgency and prevention of irreparable damage
to persons are met, provisional measures become a true preventive judicial
guarantee.1
4.
That it is essential for provisional measures to remain in full force and
produce effects until such time as they are rescinded by the Tribunal and the State is
notified of the Court’s decision in this regard.
5.
That provisional measures are extraordinary in nature and ordered based on
the need for protection and, once ordered, they must remain in place, provided,
however, that in the Court’s view the basic requirements of extreme gravity and
urgency and prevention of irreparable damage to the beneficiaries continue to be
satisfied.
6.
That under Article 63(2) of the Convention, the State’s adoption of such
provisional measures as may be ordered by the Tribunal is mandatory, since the
fundamental principle of the law on international responsibility of the State, as
supported by international case law, mandates that States should comply with their
contractual obligations in good faith (pacta sunt servanda).2
1
Cf. Matter of the Forensic Anthropology Foundation (Guatemala). Provisional Measures. Order of
the President of the Inter-American Court of Human Rights of April 21, 2006, Considering clause No. 5;
Case of “19 Tradesmen.” Provisional Measures. Order of the Inter-American Court of Human Rights of
April 28, 2006, Considering clause No. 8; Matter of Yare I and Yare II Capital Region Penitentiary Center
(Yare Prison). Provisional Measures. Order of the Inter-American Court of Human Rights of March 30,
2006, Considering clause No. 5.
2
Cf. Matter of the Communities of Jiguamiandó and Corbaradó. Provisional Measures. Order of the
Inter-American Court of Human Rights of February 7, 2006, Considering clause No. 7; Matter of the Peace
Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human
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