a)
It is the Commission’s responsibility to prove the “factual connection”
between the new facts and the events that justified the adoption of provisional
measures, so that the Court may order the expansion, for which it referred to the
role of human rights defender of the proposed beneficiary, as well as assessing
the criteria of extreme gravity and urgency and the need to avoid irreparable
damage in the specific case;
b)
The facts provided would prove that there is a clear intention to affect the
work of Marianela Sánchez Ortiz as a human rights defender, and that these
threatening actions must be analyzed in relation to an intimidating pattern
against human rights defenders in Venezuela in general, and towards the activity
of the Venezuelan Prisons Observatory, in particular. The Commission notes that,
from examining the provided information, it would follow that the alleged
situation of Marianela Sanchez Ortiz being followed, her husband having been
threatened and the recent act of harassment, are directly related to her acting as
human rights defender and, in particular, to her active participation and public
exposure for the denunciation of human rights violations of detainees in
Venezuela. Furthermore, the tone of the threats would have an intimidating
effect, the purpose of which would be to terminate the work that Mrs. Sánchez
Ortizis is involved in, of documenting and denouncing these violations, and this
would also affect the activities carried out by the organization where she works;
c)
The present situation would be framed within a specific context, in which
members of the Venezuelan Prisons Observatory have been threatened and
harassed in retaliation for the work they do in Venezuela, regarding the situation
of detainees, and which the Commission has monitored. The risk factors in the
case of Marianela Sánchez Ortiz and her family, related to the work at the
Venezuelan Prisons Observatory and her public exposure due to the denunciations
made by this organization, would be similar to the ones established in the case of
Humberto Prado, which led to the adoption of provisional measures in his favor;
d)
The request for the expansion of provisional measures on this occasion is
not only based on the context of attacks against human rights defenders in
Venezuela but also, and mainly, on specific recent and individualized facts which
emphasize a situation of real and immediate danger for the proposed beneficiary
and her family;
e)
The following and death threat would have occurred after the violent
events that took place at “La Planta” prison and the content of the aggressions
would have had a direct connection to her work of denouncing these events and
the state of the prison system. The threats, the way in which they were carried
out and their content, define the security status of Marianela Sánchez Ortiz as
grave and subject to imminent danger. Furthermore, according to the
Commission, “this threat would represent a death warning” for Marianela Sánchez
Ortiz.
f)
Despite the fact that the threats were reported to the competent
authorities, no investigation was initiated and no information was provided
proving that the authorities had adopted measures to protect the proposed
beneficiary or clarify the facts and identify those allegedly responsible;
g)
The alleged following and threats would constitute as acts against the life
and personal integrity of the alleged beneficiaries and, in particular, would try to
silence and interfere with the work of Mrs. Sanchez Ortiz in the defense of human
rights, also affecting her right to freedom of expression. In addition, the exposed
facts would present sufficient elements to conclude that they are connected to the
activities carried out by Mrs. Sanchez Ortiz in her capacity as a human rights
defender and main member of the organization, which is a representative in the
provisional measures related to the matters of Venezuelan prisons.
5