4
8.
That, in its Order of September 8, 2003, the Court has already established
that the facts presented by the Commission in its request reveal prima facie the
existence of a situation of extreme gravity and urgency for the life, safety and
freedom of express of Marta Colomina and Liliana Velásquez1. In the seventh
operative paragraph, it also decided that “following its first communication (of
September 15, 2003), [the State should] continue reporting to the [...] Court, every
two months, on the provisional measures” (supra second having seen paragraph).
9.
That when the Court ordered the State to adopt provisional measures in favor
of Marta Colomina and Liliana Velásquez, pursuant to Article 63(2) of the American
Convention, it also ordered it to provide information on the implementation of those
measures (supra second having seen paragraph).
10.
That the Commission has indicated that the State has not complied with the
provisional measures adopted in favor of Marta Colomina and Liliana Velásquez
(supra fifth having seen paragraph).
11.
That, after examining the file on provisional measures, the Court has verified
that Venezuela has presented information only once. Moreover, the information
submitted does not reflect effective implementation of the precautionary measures
requested by this Court, regarding the adoption of the measures necessary to
protect the life, safety and freedom of expression of Marta Colomina and Liliana
Velásquez, the participation of the beneficiaries in the planning and implementation
of such measures, the investigation of the facts that gave rise to their adoption in
order to identify those responsible and punish them, and the submission of the
State’s reports every two months. Thus, the time limit for presenting the pending
report on urgent measures expired on August 14, 2003, and for presenting the
pending report on provisional measures on November 15, without either report
having been received.
12.
That the State has the obligation to investigate the facts that gave rise to the
adoption of provisional measures in favor of Marta Colomina and Liliana Velásquez.
13.
That Article 68(1) of the Convention stipulates that “[t]he States Parties to
the Convention undertake to comply with the judgment of the Court in any case to
which they are parties.” Thus, the States must comply with their obligations under
international conventions in good faith (pacta sunt servanda) as established in Article
26 of the 1969 Vienna Convention on the Law of Treaties, which codifies a basic
principle of general international law and, as the Court has already indicated and as
Article 27 of this Vienna Convention provides, a State may not invoke the provisions
of its internal law as justification for its failure to respect the international
responsibility that has been established.2
1
Cf. Marta Colomina y Liliana Velásquez v. Venezuela. Provisional Measures. Order of the InterAmerican Court of Human Rights of September 8, 2003, fifth considering clause.
2
Cf. Benavides Cevallos case. Compliance with judgment. Order of the Inter-American Court of
Human Rights of September 9, 2003, third considering clause; Baena Ricardo et al. case. Compliance with
judgment. Order of the Inter-American Court of Human Rights of June 6, 2003, fourth considering clause;
“The Last Temptation of Christ” case (Olmedo Bustos et al.). Compliance with judgment Order of the
Inter-American Court of Human Rights of November 28, 2002, third considering clause; El Amparo case.
Compliance with judgment. Order of the Inter-American Court of Human Rights of November 28, 2002,
third considering clause; and International Responsibility for the Promulgation and Enforcement of Laws in
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