9
9.
That Carlos Nieto-Palma has informed, inter alia, that the threats against him
which gave rise to the adoption of provisional measures have ceased, but are still
latent by reason of his work as a human rights activist who defends the rights of
persons under arrest and the constant public threats of state officials who accuse
human rights non-government organizations working in prisons whenever there is a
quarrel or a riot, of having caused such actions. He added that the State has not
complied with the protection measures ordered in his behalf (supra Having Seen
clause 7 and 10).
10.
That the Commission showed its concern as “the outcome of the investigation
has never been achieved” (supra Having Seen clause 11). In this regard, the State
informed that the Thirty-Fourth Prosecutor of the Office of the Public Prosecutor with
Full Jurisdiction Nationwide on November 24, 2005 filed a request before the Juzgado
Cuadragésimo Octavo de Primera Instancia en Funciones de Control del Circuito Penal
(Forty-Eighth First Instance Criminal Judicial Circuit Controlling Court) of Caracas
Metropolitan Area so that the proceedings be dismissed. Notwithstanding, the
beneficiary Nieto-Palma stated before the Court that it was not true that such
Prosecutor had requested the dismissal of the case, and that, in any case, he had not
been informed of such request (supra Having Seen clause 10).
11.
That in view of the reports submitted by the State and the observations filed by
the Inter-American Commission and the beneficiary of the measures, Carlos NietoPalma, as well as of the facts related to the investigation, regarding the processing of
which the State and the beneficiary have submitted different information, the Court
considers that the provisional measures ordered in behalf of Carlos Nieto-Palma must
be maintained, taking into consideration the grounds for the request of provisional
measures submitted by the Commission on July 7, 2004. Furthermore, it considers it
relevant to maintain the provisional measures adopted in behalf of Yvonne PalmaSánchez, mother of Mr. Nieto-Palma.
12.
That the State in its next two-monthly report must include up-to-date
information on the procedures through which the protection measures in behalf of
Carlos Nieto-Palma have been adopted, and on the outcome of the alleged request of
the Office of the Public Prosecutor regarding the dismissal of the proceedings, or else,
on the current procedural state thereof.
13.
That in view of what has been informed by the Commission and the beneficiary
regarding the fact that Eva Teresa Nieto-Palma and John Carmelo Laicono-Nieto,
sister and nephew of Carlos Nieto-Palma respectively, have returned to the city of
Charlotte, North Carolina, United States of America, where they now live, it is
necessary that the representative inform whether the protection of their lives and
physical integrity is necessary by means of these provisional measures.
14.
That pursuant to Order of the Inter-American Court of July 9, 2004 (supra
Having Seen clause 1), the State must keep the beneficiary informed about the
progress regarding the compliance with the measures ordered by the Court and submit
to the Court such reports as may be required.
15.
That regarding the implementation of the provisional measures ordered, the
respondent States must adopt any and all steps as may be necessary for the effective
protection of the beneficiary thereof, pursuant to the instructions from the Court. This
obligation includes the duty to inform the Court about the implementation of the
provisional measures as often as this may be required.
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