4
1.
That the State ratified the American Convention on August 9, 1977, and,
pursuant to Article 62 of the Convention, recognized the contentious jurisdiction of
the Court on June 24, 1981.
2.
That Article 63(2) of the American Convention establishes that, in cases
“extreme gravity and urgency, and when necessary to avoid irreparable damage
persons,” the Court shall adopt such provisional matters as it deems pertinent
matters it has under consideration and, with respect to a case not yet submitted
it, it may act at the request of the Commission.
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3.
That, according to Article 25(1) and 25(2) of the Rules of Procedure of the
Court:
At any stage of the proceedings 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 its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[…]
4.
That Article 1(1) of the Convention indicates the obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure their
free and full exercise to all persons subject to their jurisdiction.
5.
That the information presented by the Commission in its request (supra
second, third and fourth having seen paragraphs) reveals prima facie the existence
of a situation of extreme gravity and urgency for the life, safety and freedom of
expression of the journalists, Marta Colomina and Liliana Velásquez, of the program
“La Entrevista”, which TELEVEN transmits daily.
6.
That, in general, under domestic legal systems (internal procedural law), the
purpose of provisional measure is to protect the rights of the parties in dispute,
ensuring that the judgment on merits is not prejudiced by their actions pendente
lite.
7.
That, under international human rights law, the purpose of urgent and
provisional measures goes further, because, in addition to their essentially
preventive nature, they protect fundamental rights, inasmuch as they seek to avoid
irreparable damage to persons.
8.
That it is the responsibility of the State to adopt safety measures to protect
all persons who are subject to their jurisdiction and that this obligation is even
clearer with regard to those who are involved in proceedings before the organs of
protection of the American Convention.
9.
That, furthermore, the State has the obligation to investigate the facts that
gave rise to this request for provisional measures in order to identify those
responsible and impose the pertinent punishments.
THEREFORE:
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