4
2.
Regarding the participation of the beneficiaries in the implementation
of the provisional measures
9.
That regarding the participation of the beneficiaries in the implementation of the
measures, in its latest communication, the State affirmed that “it had not received any
complaint or observation from the beneficiaries regarding the police protection they
receive.”
10.
That the representatives advised that “since October 2005 […] the protection
provided has been offered according to the security plan presented by the beneficiaries, and
the Metropolitan Police Motorized Department has collaborated fully in its implementation.”
11.
That the State has the obligation to take all pertinent measures to ensure that
measures of protection ordered are planned and implemented with the participation of
beneficiaries of such measures or their representatives, so that the measures
implemented diligently and effectively.5 The Court appreciates the fact that in
implementation of some of the measures of protection, several proposals made by
representatives have been taken into account.
3.
the
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are
the
the
Regarding the obligation to investigate the facts that gave rise to the
adoption of the provisional measures
12.
That, regarding the obligation to investigate the facts that gave rise to the adoption
of the provisional measures, the State informed the Court that:
5
(a)
On September 29, 2008, the Thirty-third Court of First Instance with Monitoring
Functions of the Criminal Judicial Circuit of the Metropolitan Area of Caracas
held an oral hearing in which it decided “to declare admissible the refusal to
admit the complaints” corresponding to the following facts: the e-mail threats
and the acts of harassment presumably perpetrated against Liliana Ortega; the
alleged anonymous telephone calls and acts of harassment and intimidation
suffered by the members of COFAVIC in the Church of San Francisco in
Caracas; the public declarations against this organization by the former
Director of the Intelligence and Prevention Services (DISIP) and of a member
of Congress, as well as that of an unidentified individual who was carrying a
firearm inside the COFAVIC offices;
(b)
On October 6, 2008, the legal representative of COFAVIC filed an appeal
against this decision that was declared “admissible by the Court of Appeal of
the Metropolitan Area of Caracas,” which proceeded “to declare the nullity of
the refusal to admit the complaints”;
(c)
Regarding the complaint concerning the interruption of the electricity services,
and the complaint concerning some declarations against Liliana Ortega, “it had
requested a stay of proceedings” because “the jurisdictional body determined
that the said events did not harm any of the interests protected by the
Cf. Case of García Prieto et al. Provisional measures with regard to El Salvador. Order of the Court of
January 27, 2007, twelfth considering paragraph.