CONSIDERING THAT:
1.
Venezuela has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since August 9, 1977 and accepted
the contentious jurisdiction of the Court on June 24, 1981.
2.
The Court has pointed out that provisional measures are not only preventive inasmuch as
they preserve a juridical situation, but they are also essentially protective because they safeguard
human rights, insofar as they seek to avoid irreparable damage to persons. 1 Regarding the
preventive aspect, these measures have the object and purpose of preserving rights that are
possibly at risk until the dispute is settled. They seek to ensure the integrity and effectiveness of
the decision on the merits in order to avoid impairment of the rights in litigation, a situation that
could nullify the practical effects of the final decision and render them useless. Provisional
measures enable the State in litigation to comply with the final decision and, if applicable,
implement the reparations ordered. 2
3.
Likewise, according to Article 63(2) of the Convention, the provisional measures ordered by
the Court are binding on the State, because a basic principle of international law, supported by
international case law, indicates that States must comply with their treaty-based obligations in
good faith (pacta sunt servanda). Failure to comply with an order to adopt provisional measures
issued by the Court during the proceeding before the Commission and before the Court may result
in the international responsibility of the State. 3
4.
Within the framework of provisional measures, the Court can only consider the merits of
arguments relating strictly and directly to the situation of extreme gravity and urgency and the
need to avoid irreparable damage that led to their adoption persists, or whether new
circumstances, which are equally grave and urgent, warrant keeping them in force. Any other
issue may only be brought to the Court’s attention by means of a contentious case. 4
5.
According to the Orders of the Inter-American Court of November 23, 2004, June 29 and
September 22, 2005, February 4, and November 25, 2010, and February 21 and July 5, 2011
(supra Having Seen 1), the State must, inter alia, protect the life and personal integrity of the
beneficiaries 5. Furthermore, through the Order of July 5, 2011, the Court required the State to
adopt, immediately and effectively, all measures necessary and special, additional to those
already adopted to protect and guarantee the life and personal integrity of the beneficiaries,
1
Cf. Case of the newspaper “La Nacion”. Provisional measures regarding Costa Rica. Order of the Court of
September 7, 2001, Considering para. 4, and Matter of Wong Ho Wing Provisional Measures regarding Peru. Order of the
acting President of the Court of December 6, 2012, Considering para. 5.
2
Cf. Matter of the El Rodeo II Judicial Confinement. Provisional Measures regarding Venezuela. Order of the Court
of February 8, 2008, Considering para. 7, and Matter Wong Ho Wing, Considering para. 5.
3
Cf. Case of the Communities of Jiguamiandó and Curbaradó. Provisional Measures regarding Colombia. Order of
the Court of February 7, 2006, Considering para. 7, and Matter Alvarado Reyes et al. Provisional Measures regarding
Mexico. Order of the Court of November 23, 2012, Considering para. 2.
4
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Inter-American Court
of August 29, 1998, Considering paragraph 6, and Matter Alvarado Reyes et al., Considering para. 4.
5
Eloisa Barrios, Inés Barrios, Beatriz Barrios, Orismar Carolina Alzul García, Pablo Solórzano, Nestor Caudí Barrios,
Jorge Barrios, Maritza Barrios, Roni Barrios, Roniex Barrios, Luis Alberto Barrios, Yelitza Lugo Pelaes, Arianna Nazaret
Barrios, Oriana Zabaret Barrios, Víctor Cabrera Barrios, Beatriz Cabrera Barrios, Luimari Guzman Barrios, Luiseydi Guzman
Barrios, Genesis Andreina Barrios, Víctor Tomas Barrios, Geilin Alexandra Barrios, Elvira Barrios, Darelvis Barrios, Elvis
Sarais Barrios, Cirilo Robert Barrios and Lorena Barrios.
3