3
Palma had represented as an attorney. During the questioning, the
prosecutor accused him of being a “traitor;”
f)
that same day, June 18, 2004, when Mr. Nieto Palma returned home
from the Prosecutor’s office, he noticed that his computer was no
longer working, even though it had been working perfectly that very
morning. He does not know whether someone entered his home and
got into his computer while he was away. The representatives pointed
out the coincidence of the computer problem and the earlier visit from
the police and the fact that the house had been empty for several
hours as Mr. Nieto Palma had to answer the summons and report to
the Prosecutor’s Office;
g)
on Sunday, June 20, 2004, someone from a neighboring apartment
asked him if he was Mr. Carlos Nieto Palma; when he answered that
he was, the neighbor gave him a pamphlet that had been slipped
beneath his door. The pamphlet contained an express threat against
Mr. Nieto Palma and stated, verbatim, the following: “[…] you’ll never
live to tell about it […]” Later, three other neighbors handed him
pamphlets identical to the first. Apparently, those pamphlets had been
circulated throughout the entire building and were also inserted into
mail boxes at the apartment building; and
h)
on June 23, 2004, Mr. Carlos Nieto Palma reported the facts of the
case to the Ombudsman’s Office. He did not file a complaint with the
Office of the Attorney General, since it had been the Public
Prosecutor’s Office “that ha[d] violated the interested party’s human
rights by putting his personal liberty and safety in jeopardy.”
According to the representatives, because of the tone of the
questioning and the situation of other human rights defenders like
María Corina Machado and Alejandro Plaz (members of SUMATE), who
had already been accused of the crime of treason, Mr. Nieto Palma
might be formally charged with treason.
3.
The Inter-American Commission’s comments to the effect that the facts
recounted above demonstrate the government’s clear intention to instill fear in Mr.
Carlos Nieto Palma and are a serious threat to his life, the integrity of his person,
and his personal liberty and security, and also pose a danger of irreparable harm to
his family. According to the Commission the death threats, their tone, the acts of
harassment experienced, and the involvement of agents of the State, suggest that
this person’s situation is one of grave and imminent danger. The predicament of
human rights defenders is one of the Commission’s chief concerns. In recent
months, the Commission has received abundant information that “reveals a pattern
of intimidation targeted at human rights defenders in Venezuela.”
For the
Commission, the acts of intimidation against Mr. Nieto Palma are part of this pattern;
therefore, “all the mechanisms of protection that the inter-American system offers
must be deployed” to protect his life and the integrity of his person.
Based on the foregoing and pursuant to Article 63(2) of the American
Convention, the Commission requested that the Court call upon the State to:
a.
[a]dopt the measures necessary to protect the life and the integrity of the
person of Mr. Carlos Nieto Palma and his family, particularly his nine-month-old nephew
John Carmelo Laicono Nieto, by mutual agreement with the beneficiary and the
petitioners[;]
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