6
g)
“[O]ne of the officials that the State had assigned [to Liliana Ortega] is
being tried for acting as a paid assassin in the alleged murder of an
opposition leader; the person who will every day have a body guard and who
knows her personal life, where she lives and moves, has the right for him to
be someone she can trust.”
h)
“[P]lanning of these protection measures should also take into account
[delivery of ] bullet proof vests to COFAVIC staff for their individual
protection[;] [...] assignment of [...] motorcycles to move rapidly at the
difficult times that some members of the COFAVIC team have faced; [...]
establishment of a special metal detector at the entrance to COFAVIC and
[installation of] a double security door at COFAVIC’s headquarters with the
characteristics and requirements set forth by COFAVIC’s Board of Directors;
[...] a national prosecutor of the Public Prosecutor’s Office must be appointed
in consultation with the applicants, [...] and the Venezuelan State must be
asked to make a statement in favor of respect for and protection of the work
carried out by human rights advocates in Venezuela [...].”
16.
The oral arguments of the State, made at that same public hearing,
summarized as follows:
a)
Excess of democracy, the wish to stand out and the desire to subsume
oneself within a participatory democracy of the Venezuelan people, have
made non-governmental organizations advocating human rights proliferate
disproportionately.
b)
“It is obvious that doctor Liliana Ortega and her organization COFAVIC
have been a matter of concern for the Venezuelan State.” “Quite simply,
there has been disorder, interruption, with respect to the precautionary
measures and the Provisional Measures specifically or including them under
the measure to protect doctor Liliana Ortega’s right to humane treatment and
physical safety [...].” “Implementation [...] of the precautionary or provisional
measures, [...] is not easy to implement, within the bureaucratic system of
our countries and within our idiosyncrasy [...].”
c)
[F]or a precautionary measure or a provisional measure of protection
to attain their goal is not an easy matter.” The request for Provisional
Measures was not necessary, because precautionary measures were being
observed, with some minor difficulties.
d)
No Cabinet Minister and no President of an autonomous institution in a
country undergoing a crisis such as that faced by Venezuela has the
protection that Liliana Ortega requests both for herself and for COFAVIC.
Furthermore, the Venezuelan State is not responsible for the fact that
COFAVIC’s offices are located at “a place where there are frequent gatherings
and even confrontations between supporters of the Government and the
opposition.”
e)
On December 12, 2002 the Twenty-Fourth national-level Prosecutor
assigned to the case held a conversation with Liliana Ortega over the phone,
“with the aim of coordinating her appearance before that Prosecutor’s Office
for an interview in which she would explain the reasons that generated the
Provisional Measures ordered by the Inter-American Court of Human Rights,
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