3
5.
That in their brief dated November 27, 2007, the representatives informed that
“Mr. Adolfo Segundo Martínez-Barrios, of his own free will, being of sound mind and
with full knowledge of the rights available to him, expressed his intention to give up
the police protection he had enjoyed up to that moment. Such decision was due, as he
himself put on the record, to the distrust he feels towards the police bodies of the
Venezuelan State, all of it stemming from the detention order issued by the Tribunal
Tercero de Primera Instancia del Circuito Judicial del Estado Guárico (Guárico State
Judicial Circuit Court of the First Instance Number Three) […] As the petitioners see it,
the right to life an humane treatment of the beneficiaries continue to be in serious risk
[ and t]hey regret the decision adopted by Mr. Adolfo Segundo Martínez-Barrios… .” In
the statement signed by the aforementioned beneficiary, he expressed that “ being of
fully sound mind and having full knowledge of the rights available to me, I express my
decision, taken on my own free will, of not continuing under the police protection
granted pursuant to the Order issued by the Inter-American Court of Human Rights on
July 4, 2006; in such sense, I waive the police protection I have hitherto enjoyed
because I distrust the police bodies of the Venezuelan State. I likewise declare to have
been informed by staff working with the PROVEA Non-Governmental Organization
about the risks and consequences this may have as far as my security and that of my
family are concerned and even so I confirm my full disposition not to maintain police
protection for safeguading my life.” The representatives and the Sate have informed
the Court on the contradictions in which Mr. Martínez-Barrios has incurred in his
statements, with reference to the police protection granted; the facts that prompted
such provisional measures; and his accusations against Ms. María del Rosario
Guerrero-Gallucci.
6.
That, in such respect, the Court recalls that provisional measures are of an
exceptional nature, that they are granted on the basis of the needs for protection and
that, once ordered, they must be maintained so long as the Court considers that the
basic requirements of extreme gravity and urgency and prevention of irreparable
damage to the rights of the persons protected by said measures continue to exist. 1.
7
That based on the statement and the request by Mr. Martínez-Barrios in his
capacity as the beneficiary of the instant measures (supra, Considering paragraph 6),
the Court deems it fit to lift the provisional measures concerning the protection of his
person.
8.
That it is fit to continue analizing the implementation status of the instant
measures with regard to Mrs María del Rosario Guerrero-Galucci.
9.
That regarding the undertaking to protect, according to the information
provided by the parties, the Juzgado Décimo Tercero de Primera Instancia en
Funciones de Control del Circuito Judicial Penal del Área Metropolitana de Caracas
(Caracas Metropolitan Area Criminal Judicial Circuit Court of the First Instance with
Control Functions Number Thirteen) and the Juzgado Quinto de la Primera Instancia en
Funciones de Control del Circuito Judicial Penal del Estado de Anzoátegui (Anzoátegui
State Criminal Judicial Circuit Court of the First Instance with Control Functions
Number Five), ordered, respectively, the constant protection of the citizen María del
1
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the InterAmerican Court of Human Rights of March 14, 2001, Considering paragraph number three; Case of RaxcacóReyes et al. Provisional Measures regarding regarding Guatemala. Order of the Inter-American Court of
Human Rights of November 21, 2007, Considering paragraph number four; Matter of Monagas Judicial
Confinement Center ("La Pica"). Provisional Measures regarding Venezuela. Order of the Inter-American
Court of Human Rights of July 3, 2007, Considering paragraph number seven.
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