8.
The brief of August 16, 2012, in which the State submitted observations to the
request for expansion of provisional measures in favor of Marianela Sánchez Ortiz and
her family.
CONSIDERING THAT:
1.
Venezuela has been a State Party to the American Convention on Human Rights
(hereinafter, “the American Convention" or “the Convention") since August 9, 1977 and,
in accordance with Article 62 thereof, has accepted the binding jurisdiction of the Court
on June 24, 1981.
Article 63(2) of the American Convention establishes that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons, the
Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act at
the request of the Commission”.
2.
3.
In this regard, Article 27 of the Rules of Procedure of the Court (hereinafter, the
“Rules of Procedure”)1 establishes, in the relevant part, that:
1.
At any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court
may, on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
2.
With respect to a matter not yet submitted to the Court, it may act at the
request of the Commission.
[…]
According to the International Human Rights Law, provisional measures are not
only precautionary in the sense that they protect legal status, but they are also mainly
protective since they protect human rights, insofar as they avoid irreparable damage to
persons. Provisional measures are adopted provided the basic requirements of extreme
gravity and urgency and the prevention of irreparable damage to persons are met. In this
sense, provisional measures become a real jurisdictional guarantee of a preventive
nature2.
4.
By virtue of its competence, within the framework of this request for expansion of
provisional measures, it falls upon the Court to consider only those arguments that
relate strictly to extreme gravity and urgency, and the necessity to avoid irreparable
5.
1
Rules of Procedure approved by the Court during its eighty-fifth regular session, held from November
16 to 28, 2009.
2
Cf. Case of “La Nación” Newspaper. Provisional Measures with regard to Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, fourth considering paragraph, and Case of the
19 Tradesmen. Provisional Measures with regard to Colombia. Order of the Inter-American Court of Human
Rights of June 26, 2012, fourth considering paragraph.
3