8
7.
That, pursuant to the Orders of the Court (supra Having Seen clauses No. 1,
2 and 3), the State is required to: adopt measures to protect the life, physical
integrity and freedom of expression of Marta Colomina and Liliana Velásquez;
investigate the facts that led to the adoption of the provisional measures in order to
identify and punish the perpetrators; involve the beneficiaries or their
representatives in the planning and implementation of the measures of protection
and keep them current on any progress made regarding the measures ordered by
the Court; and provide the Court with the required reports.
8.
That, as far as the implementation of any provisional measures that may have
been ordered is concerned, the respondent States are required to adopt all steps
required for the effective protection of the measures’ beneficiaries, further to the
instructions of the Court. This obligation includes the duty to report to the Tribunal,
as often as the Tribunal may indicate, on the implementation of such provisional
measures.
9.
That the duty to report to the Tribunal is not met through the mere formal
submission of a document to the Court, but is a dual obligation the effective
fulfillment of which calls for the formal submission of a document within the period
prescribed therefor, and a material reference that is specific, accurate, current and
detailed, to the issues around which such obligation revolves.3
10.
That the State has failed to submit a report every two months concerning
compliance with the provisional measures, pursuant to the Orders that the Court has
issued in the instant case (supra Having Seen clauses No. 1 and 2). Accordingly,
after the Tribunal’s Order of May 4, 2004 (supra Having Seen clause No. 3), the
State has submitted only four reports on compliance with the provisional measures
(supra Having Seen clauses No. 4, 9, 13 and 17). Furthermore, the State has merely
rebutted the briefs submitted by the Inter-American Commission and the
representatives, without providing specific, current information regarding the
measures actually adopted to protect the life, physical integrity and freedom of
expression of the beneficiaries.
*
11.
That the hearing held on April 7, 2006 before the Forty-Second Investigating
Lower Court for the Criminal Judicial Circuit of the Caracas Metropolitan Area
constitutes a positive step towards reaching an agreement on the design and
implementation of the measures of protection ordered by the Court, on the
understanding that it would be inadmissible to subject the mechanism provided for in
Rights of February 6, 2006, Considering clause No. 7; Matter of Luisiana Rios et al. (Radio Caracas
Televisión –RCTV-). Provisional Measures. Order of the Inter-American Court of Human Rights of
September 12, 2005, Considering clause No. 23.
3
Cf. Matter of the Communities of Jiguamiandó and Corbaradó. supra note 2, Considering clause
No. 16; Matter of the Peace Community of San José de Apartadó. supra note 2, Considering clause No.
18; Matter of Luisiana Ríos et al. supra note 2, Considering clause No. 17.
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