8
24.
That, second, a different situation from the one described above may exist, which
does not, in itself, represent extreme gravity and the urgency of avoiding irreparable
damage to a determined group. In this case, the said situation will merely help the Court
assess the specific threat to the beneficiary and will not justify, of itself, granting or
maintaining the provisional measures.8
25.
That, in this case, the Court considers that the evidence provided does not allow it to
conclude that the supposed harassment of the human rights defenders in Venezuela takes
place in a situation such as the one described in considering paragraph 23. Consequently,
the alleged Venezuelan context does not justify, per se, maintaining the provisional
measures.
26.
That, nevertheless, the effect of intimidation and voluntary restraint in the exercise
of their work that may occur in a context of harassment against defenders is an aspect that
should be assessed together with the merits of the case. In the context of litigation, it would
be admissible to determine the presumed international responsibility of the State for the
alleged effects of this intimidation and voluntary restraint. Also, by means of the measures
of satisfaction and guarantees of non-repetition derived from the said attribution of
international responsibility, measures could be adopted that might help overcome the
alleged serious consequences of a context of harassment of human rights defenders.
4.2.
Alleged “accusations made directly by senior public officials and State
institutions” against the beneficiaries
27.
That the representatives referred to a pattern of harassment perpetrated directly
against the beneficiaries and the organization to which they belong, attributable to the
declarations of State officials who constantly discredited them and questioned their work. To
justify their allegations, the representatives cited a series of declarations made by different
public officials over recent years.
28.
That the Commission considered that “while the danger exists to the work performed
by COFAVIC as an organization that defends human rights, a danger to all its members
should be presumed, unless evidence arises that specifically disproves this in each individual
case.” It added that “the [said facts] have constituted indirect forms of pressure against the
organization.” In this regard, the Commission emphasized that some “members of COFAVIC
have been obliged to reduce their public profile,” others “have had to move to the interior of
the country and change their habits in order to avoid public exposure and the consequent
danger to their safety.” Moreover, they have had “to restrict the access of those who wish
to consult their documentation center to users known to the organization, whereas
previously anyone could consult it.” Regarding some of the declarations against COFAVIC
made by senior State officials, the Commission indicated that “the work of the human rights
defenders is also restricted by the declarations made by high-level public officials who
discredit their work and generate or exacerbate an adverse context for the defense of
human rights.”
29.
That, the Court finds that the alleged declarations do not involve possible statements
with sufficient importance to justify, per se, maintaining the provisional measures. In this
regard, the negative effects that this type of declaration could have in terms, for example,
8
Cf. Matter of Carlos Nieto et al. Provisional measures with regard to Venezuela. Order of the Court of
January 26, 2009, nineteenth considering paragraph, and Matter of Luis Uzcátegui. Provisional measures with
regard to Venezuela. Order of the Court of January 27, 2009, twenty-third considering paragraph.