f)
The State reported on the actions carried out by the People's Ombudsman on this
matter in December 2009 and January 2010, as well as the actions taken by that
body toward obtaining a change in her cell. In addition, the National Directorship
for Penitentiary Services (DNSP in its Spanish acronym) reported in January 2010
on Ms. Afiuni’s first petition for a change of cell. It approved her relocation to a
maximum-security cell and agreed to transfer inmates with poor behavior reports
or who had insulted Ms. Afiuni out of INOF to other prisons; and
g) The State assured that it is taking specific measures to safeguard Ms. Afiuni’s right
to life, health, and physical integrity, for which reason it asked the Court to rule
"the provisional measures requested to be inadmissible” because she is not in a
situation of extreme gravity or urgency, nor facing any situation that could cause
irreparable damage.
CONSIDERING THAT:
1.
Venezuela has been a State Party to the American Convention since August 9, 1977,
and, in keeping with Article 62 of the Convention, recognized the contentious jurisdiction of
the Court on June 24, 1981.
2.
Article 63(2) of the American Convention holds that, “In cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons, the Court shall
adopt such provisional measures as it deems pertinent in matters it has under
consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission.”
3.
In the terms of Article 27 of the Rules of Procedure of the Court:4
1. At any stage of proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, on its own motion, order
such provisional measures as it deems appropriate, pursuant to Article 63(2) of the
Convention.
2. With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[…]
5. The Court, or if the Court is not sitting, the Presidency, upon considering that it is possible
and necessary, may require the State, the Commission, or the representatives of the
beneficiaries to provide information on a request for provisional measures before deciding on
the measure requested.
6. If the Court is not sitting, the Presidency, in consultation with the Permanent Commission
and, if possible, with the other Judges, shall call upon the State concerned to adopt such
urgent measures as may be necessary to ensure the effectiveness of any provisional measures
that may be ordered by the Court during its next period of sessions.
4.
The provisions established in Article 63(2) of the Convention make the provisional
measures ordered by this Tribunal obligatory, as the basic principle of State responsibility,
4
Rules of Procedure passed in the LXXXV Regular Period of Sessions held from November 16 to 28, 2009.