7
(Jails and Human Rights) of the above Escuela de Derecho de la Facultad de
Ciencias Jurídicas y Políticas. At present his sister Eva Teresa Nieto-Palma and
her son, John Carmelo Laicono, live in the city of Charlotte, North Carolina,
United States of America, and travel regularly to Venezuela; and his mother
Yvonne Palma-Sánchez lives with him in the city of Caracas, Venezuela, in the
same house, and
f)
he requested the Court to render judgment on the non-compliance with
the protection measures ordered in his behalf and dismiss the discontinuance of
such measures as requested by the State.
11.
The brief submitted by the Inter-American Commission on August 23, 2006,
whereby it pointed out, inter alia, that it is of the utmost importance to investigate the
threats and actions against human rights activists in America. In the instant case the
beneficiary of the measures “has informed the Court that the threats against him have
ceased; [n]otwithstanding this information, […] it is of the concern of the Court that
the outcome of the investigation has never been achieved.” Finally, the Commission
considered that in order to assess these provisional measures, it is necessary to
receive information regarding the protection measures adopted by the State between
May and August, 2006, including the accurate state of the proceedings and indicating
whether the dismissal thereof has been ordered by a judicial authority.
12.
The briefs submitted by the State on August 23, and September 5, 2006,
whereby it pointed out, inter alia, that:
a)
the Juzgado Cuadragésimo Octavo de Primera Instancia en Funciones de
Control del Circuito Judicial Penal (Forty-Eighth First Instance Criminal Judicial
Circuit Controlling Court) of Caracas Metropolitan Area has not as yet rendered
judgment regarding the request for the proceedings to be dismissed;”
b)
“in accordance with the information which was last received [from the
Office of the Public Prosecutor,] protection measures have been afforded
through the visits made around the house of [Carlos Nieto-Palma],” and the
State has requested the Office of the Public Prosecutor to provide information
about the compliance with the protection measures ordered, which, in turn,
would be duly forwarded to the Court;
c)
“protection measures have been afforded for over two (2) years;
furthermore, there have been no circumstances which may lead to assume the
existence of grave risks to the life or safety of Carlos Nieto-[Palma] or of any of
his next of kin, among them […] Eva Teresa Nieto-Palma and the child John
Carmelo Laicono, who do not live in the Bolivarian Republic of Venezuela […,]
wherefore the State could not possibly afford protection thereto,” and
d)
it reiterated its request so that the provisional measures ordered on July
9, 2004 in behalf of Carlos Nieto-Palma and his next of kin be discontinued “as
there is no evidence of irreparable damage or an imminent danger [against]
them.”
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