13
assessment should made about whether they should continue. In particular, the Court
considers that the fight against the alleged context of harassment of human rights
defenders is a matter for the contentious jurisdiction. Furthermore, it indicated (supra
considering paragraphs 26 and 29) that it is in the context of litigation and not in a
precautionary procedure that it is in order to examine the presumed measures of voluntary
restraint adopted by the beneficiaries. The Commission is not processing a dispute in this
matter, even though the provisional measures were adopted more than six years ago.
42.
That, in view of the absence of information concerning extreme gravity and urgency
to avoid irreparable damage to life and personal integrity, the Court proceeds to rescind the
provisional measures adopted in this matter.
43.
That the Court observes that, while these measures were in force, the State did not
provide adequate information on the implementation of various aspects of the measures
ordered by the Court. In this regard, the rescinding of the said provisional measures does
not signify that the State has complied fully with the Orders issued by the Court in the
context of the said measures.
44.
That, as indicated above when examining the obligation to investigate the
harassment and situation of danger of any individual, the Court reiterates that Article 1(1)
of the Convention establishes the general obligations of States Parties to respect the rights
and freedoms embodied therein and to ensure their free and full exercise to all persons who
are subject to their jurisdiction. These obligations must be complied with fully, irrespective
of the existence of the provisional measures ordered by the Court in this matter.11
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on Human
Rights and Articles 26 and 30 of its Rules of Procedure,12
DECIDES:
1.
To rescind the provisional measures ordered by the Inter-American Court of Human
Rights on November 27, 2002, February 21, 2003, December 2, 2003, May 4, 2004, March
1, 2005, and June 14, 2005, in favor of Liliana Ortega, Hilda Páez [Gilda Páez], Maritza
Romero, Aura Liscano [Lizcano] and Alicia de González.
2.
To require the Secretariat of the Court to notify this Order to the Inter-American
Commission on Human Rights, the representatives of the beneficiaries, and the Venezuelan
State.
3.
To close this case file.
11
Cf. Case of Velásquez Rodríguez. Provisional measures with regard to Honduras. Order of the Court of
January 15, 1988, third considering paragraph; Matter of the Urso Branco Prison. Provisional measures with regard
to Brazil. Order of the Court of May 2, 2008, nineteenth considering paragraph, and Matter of Carlos Nieto et al.,
supra note 8, third considering paragraph.
12
Rules of Procedure of the Court partially amended during its eighty-second regular session held from
January 19 to 31, 2009.