5.
That in International Human Rights Law, provisional measures are not only
precautionary in nature, given that they preserve a legal situation, but are also
fundamentally protective in nature inasmuch as they protect human rights, because
they seek to avoid irreparable damage to persons. So long as the basic requirements
of extreme gravity and urgency are met, as well as the prevention of irreparable
damages to persons, provisional measures become a judicial guarantee that is truly
preventive in nature.3
6.
That in International Human Rights Law, urgent and provisional measures
also serve the purpose of protecting basic human rights by preventing irreparable
damage to persons.
7.
That provisional measures are ordered only in emergency situations, in
response to the need for protection, and, once ordered, should remain in effect so
long as the Court considers that the basic requirements of extreme gravity and
urgency and the avoidance of irreparable damage to the rights of persons protected
by them continue to exist.
8.
That in accordance with the Order of the Inter-American Court of September
22, 2006 (supra Having Seen clause 2) the State should, inter alia: maintain the
measures that it would have adopted and to take forthwith such other measures
necessary to effectively protect the life, physical integrity, and personal liberty of
Carlos Nieto Palma, as well as the lives and physical integrity of Yvonne Palma
Sánchez, Eva Teresa Nieto Palma and John Carmelo Laicono Nieto; allow the
beneficiaries to participate in the planning and implementation of the protection
measures, and keep them informed regarding the progress made to comply with the
measures ordered by the Court, and to submit to the Court the requested reports.
9.
That in the Order of the Court of September 22, 2006, the beneficiaries of the
provisional measures or their representative were requested to provide specific and
detailed information on the need to maintain the provisional measures in favor of
Eva Teresa Nieto Palma and John Carmelo Laicono Nieto (supra Having Seen
clause 2).
10.
That Mr. Carlos Nieto Palma has reported, inter alia, that he considers it
unnecessary to maintain the protection measures in favor of Eva Teresa Nieto Palma
and John Carmelo Laicono Nieto inasmuch as both have been residing for more than
a year in the city of Charlotte, North Carolina, United States of America, and that
they only travel to Venezuela during holidays for a few days at a time (supra Having
Seen clause 3).
11.
That the Inter-American Commission observed that, given that the risk to the
beneficiaries Eva Teresa Nieto Palma and John Carmelo Laicono Nieto, which
stemmed from their proximity to the beneficiary Carlos Nieto Palma so long as they
were in Venezuelan territory, and understood that said risk has ceased and therefore
agreed that it was no longer necessary for them to continue enjoying this benefit
(supra Having Seen clause 5).
Cfr. Matter of Ramirez Hinostroza et al. Provisional measures. supra Note 1, fifth considering
clause; Case of the 19 Tradesmen. Provisional Measures, supra Note 1, sixth considering clause, and
Matter of Adrian Melendez Quijano et al. Provisional measures. supra Note 2, fifth considering clause.
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