the “right to protection in situations of extreme gravity and urgency and the right to
file a complaint before the Inter-American System” (Articles 63(2) in relation to
Articles 44 and 13(1) of the American Convention).
II
PROCEEDINGS BEFORE THE COURT
4.
On October 22, 2010, the Commission submitted5 to the Court the case
previously processed before it6, under case file No. 12.661 against the Bolivarian
Republic of Venezuela (hereinafter “the State” or “Venezuela”). As delegates, it
appointed Paulo Sergio Pinheiro, Commissioner, and Santiago A, Canton, then
Executive Secretary of the IACHR, and, as legal advisors, it appointed Mrs. Elizabeth
Abi-Mershed, Deputy Executive Secretary and Karla I. Quintana Osuna and Nerea
Aparicio, attorneys of the Executive Secretariat.
5.
On December 9, 2010, the State and the representatives were notified of the
submission of the case.
6.
On February 9, 2011, the representatives filed their written brief containing
pleadings and motions, in which, in addition to the matters indicated, they asked the
Court to order the State to implement various measures of reparation, as well as the
payment of costs and expenses. In addition, they requested access to the Victims’
Legal Assistance Fund of the Court (hereinafter the “Legal Assistance Fund”) (supra
para. 3).
7.
On May 13, 2011, the State filed its brief containing a preliminary objection and
the brief answering the petition (hereinafter “answer to the petition”), appointing Mr.
Germán Saltrón Negretti as its Agent. On June 24, 2011, the acting President of the
Court issued an Order through which it decided, inter alia, that the alleged lack of
impartiality of some judges of the Court, submitted by the State as a preliminary
objection, had no legal basis and was unfounded. Thus, the President determined that
the Court, in its full composition, continue hearing the case in its entirety until its
conclusion.7
8.
The Court also received amicus curiae briefs from the following organizations:
“Article 19, Global Campaign for Freedom of Expression 8” and the “Regional Alliance for
Freedom of Expression and Information.”9
5
Articles 51 and 61 of the Convention
6
The proceedings before the Commission were conducted as follows: the initial petition was filed with the
Commission on March 14, 2007 by the following organizations: “Committee of Relatives of Victims of the
Events of February-March 1989” (“COFAVIC”) and the “Center for Justice and International Rights” (“CEJIL”),
and by Mr. Carlos Ayala Corao (the petitioners). On July 24, 2008, the Commission issued Admissibility
Report No. 50/08, in which it declared the case admissible pursuant to the requirements of Articles 46 and
47 of the American Convention. Then, on July 14, 2010, the Commission, pursuant to Article 50 of the
Convention, adopted the Report on Merits No. 88/10, in which it concluded that the State was responsible for
several violations of the Convention and issued some recommendations. The State received legal notice of
the Report on July 22, 2010, and it was given two months to report on compliance with the
recommendations. In the absence of any information from the State, the Commission decided to refer the
case to the Court.
7
8
Cf. Order of May 13, 2011 issued by the Acting President of the Court, Judge Alberto Pérez Pérez.
Brief submitted by Sejal Parmar on November 15, 2011.
9
Brief submitted by Karina Banfi (Executive Secretary) on December 21 and 27, 2011. In addition, the
following organizations became parties to the brief: Acción Ciudadana of Guatemala; National Press
5