was under the control of a group of inmates called PRAN, that exercise control over
the other inmates, and iv) the relatives of Mr. Guerrero Larez and their
representatives have turned to several State institutions related with penitentiary
centers to obtain information about Mr. Guerrero Larez without obtaining any answer
whatsoever;
b) of the request for urgent information carried out by the Commission, which the
State abstained from timely answering. Due to this lack of information, the
Commission does not have any data regarding the adoption of effective measures by
the State to establish what happened to Mr. Francisco Dionel Guerrero Larez, and
c) the nature of the threatened rights, the rights to life and to personal integrity,
constitute the extent of irreparability of consequences that this request for
provisional measures seeks to avoid.
4.
The request by the Inter-American Commission for the Court to request from the
State, based on Article 63(2) of the American Convention, Article 26 of the Rules of
Procedure, and Article 74 of the Rules of Procedure of the Commission, the following
measures:
a) to inform immediately to the Inter-American Court of Human Rights and to the
relatives of Mr. Guerrero Lárez about his situation and/or location;
b) once the location of Mr. Guerrero Larez is determined, to adopt the necessary
measures to protect his life and personal integrity, after carrying out an evaluation of
the reasons that originated his disappearance while he was under State custody, and
of the situation of risk inside the penitentiary center. These measures shall be agreed
upon with the possible beneficiary and his representatives;
c) to carry out an investigation of the facts that led to the request of provisional
measures, as a mechanism to prevent and impede any risk situation for the life and
personal integrity of Mr. Guerrero Larez while he was under State custody, and
d) to inform about the measures adopted in virtue of the aforementioned items.
CONSIDERING:
1.
That Venezuela is a State Party to the American Convention since August 9, 1977,
and, according to the Article 62 of the Convention, accepted the contentious jurisdiction of
the Court on June 24, 1981.
2.
That Article 63(2) of the American Convention states that “[i]n 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.
That in terms of Article 26 of the Rules of Procedure of the Court:
1. At any stage of the proceeding involving cases of extreme gravity and urgency and when
necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on