assessed taking into account the specific context, since it is clear that if fundamental
rights such as the right to life and physical integrity are subjected to such a type of
threat, an order for provisional measures should be considered7. In this specific case, the
threat made against Hernan Antonio Bolivar regarding Marianela Sánchez Ortiz and her
family has elements of seriousness that suggests there may exist an irreparable damage
to the life and integrity of the possible beneficiaries8. Likewise, the modus operandi of
the perpetrators, through the use of weapons and knowledge of information, entails a
higher level of risk and denotes urgency. Similarly, the facts described by the
Commission evidence prima facie a situation of serious risk to the detriment of the
proposed beneficiaries. Therefore, the reasons for which the Court had previously denied
provisional measures in favor of Marianela Sanchez Ortiz no longer exist9.
Consequently, even though the State’s reasoning is valid regarding the
information provided in this request that the mere belonging to a group of human rights
defenders of the possible beneficiary is not enough to grant provisional measures, the
truth is that what happened to Marianela Sánchez Ortiz is specifically related to the work
she does as Legal Coordinator of the Venezuelan Prisons Observatory, an organization
that represents the beneficiaries in the matters of certain Venezuelan prisons, and to the
activities carried out while documenting the prison crisis during which inmates of "La
Planta" prison were relocated to prisons that are subject to this matter.
14.
15.
Moreover, the State argued that, after a comprehensive search, it has not found
any complaint filed with State authorities regarding the possible situation of risk to
Marianela Sánchez or a request for the adoption of protective measures at the Public
Prosecutor's Office regarding the threats allegedly suffered between April and June 2012.
However, from the documentation presented by the Commission, it shows that
Humberto Prado, in his capacity as General Coordinator of the Venezuelan Prisons
Observatory, presented the Public Prosecutor's Office with a letter addressed to the
Attorney General of the Bolivarian Republic of Venezuela, with date of receipt of June 1,
2012, in which he informed, in detail, the alleged facts that occurred on May 30, 2012
(supra considering paragraph 6(d)), and requested “the appointment of a Special
Prosecutor to conduct an immediate, thorough and impartial inquiry into [the] facts”, as
well as “to protect the life and physical integrity of Mrs. Sánchez and her family".
Therefore the Court notes that even though the facts that occurred, as well as the need
to protect the life and physical integrity of Ms. Sanchez and her family, were brought to
the attention of the Attorney General, the State has not adopted, to date, any protective
measures or actions in their favor.
7
Cf. Matter of Rodeo I and Rodeo II Capital Judicial confinement center. Request for Provisional
Measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of February 8, 2008,
seventieth considering paragraph, and Case of González Medina and next-of-kin. Provisional Measures with
regard to the Dominican Republic. Order of the Inter-American Court of Human Rights of August 30, 2011,
thirteenth considering paragraph.
8
According to the complaint made: “[…] under death threat, [they] told him to tell [his] wife to stop
filing complaints against the people who work for the Government, for the problems that have been taking
place in the Prison System; that if he did not want anything to happen to his family, she should stop; that they
know where [their] children study and where [his] wife works".
9
Previously, the Court has considered that the representatives had not “presented evidence proving the
existence of a prima facie situation of extreme gravity and urgency regarding Mrs. Marianela Sánchez” and four
more people. Therefore, the Court considers it inadmissible to accept the request for expansion of provisional
measures regarding said persons. Cf. Matter of Monagas Judicial Confinement Center (“La Pica”); Yare I and
Yare II Capital Region Penitentiary Center (Yare Prison); Penitentiary Center of the Central Occidental Region
(Uribana Prison) and El Rodeo I and El rodeo II Capital Judicial Confinement Center, forty-first considering
paragraph.
9