4
Executive, specifically the Ministry of Popular Power for Internal Relations and Justice, with
strict respect for the law and in the context of the Integral Security Plan, and (c) regarding
Mr. Nieto Palma’s request that the State submit evidence of the occasions on which police
agents have visited the beneficiary’s residence when he was not present, it considered that
it was being asked for “impossible evidence, by requesting it to provide proof of a fact that
allegedly had not occurred; in other words, the absence of Carlos Nieto Palma when the
visits were made.”
11.
That the beneficiary Carlos Nieto Palma indicated that on August 14, 2007, he had
received a summons from Prosecutor’s Office No. 34 to appear before the Nineteenth
Criminal Court of First Instance with monitoring functions, of the Metropolitan Area of
Caracas (hereinafter the “Nineteenth Court”), for an oral hearing to establish the
coordination and verification mechanisms relating to the protection measures in his favor
and in favor of his mother (supra eighth considering paragraph). However, since it was not
possible to coordinate the agendas of Mr. Nieto Palma and the prosecutor responsible for
the case, this hearing was held on October 24, 2007, before the said Nineteenth Court.
Representatives of the Attorney General’s Office, the Metropolitan Police, and the
beneficiary’s lawyers attended the hearing. As a result, the measures in his favor were
ratified and the Attorney General’s Office was urged to open a criminal inquiry for the
alleged forging of the official records of visits (infra fourteenth considering paragraph). In
addition, a meeting was arranged to determine the way in which surveillance would be
provided by the Metropolitan Police (supra fifth having seen paragraph).
12.
That Carlos Nieto Palma emphasized that, on the night of October 24, 2007, the date
on which the hearing was held before the said Nineteenth Court (infra fourteenth
considering paragraph), ten Metropolitan Police officials on motorcycles came to his house
and surrounded the building in which he lives, so that he would sign the list of visits; he
described this as “unusual” because, normally, only two officials came. Mr. Nieto Palms
described this act as being a “[…] threatening action against him by these police agents
[…].” He added that the Metropolitan Police have now been transferred from being attached
to the Caracas Metropolitan City Council, to the Ministry of the Interior and Justice, “[…] to
which the [Directorate of Intelligence and Prevention Services] is also attached, and it was
the latter’s officials who had harassed and threatened [him] […]” (supra fifth having seen
paragraph). He also indicated that the National Police Act had been promulgated recently,
so that he did not know how the measures ordered by the Inter-American Court would be
implemented.
13.
That, in his observations of October 18, 2007, Carlos Nieto Palma reiterated that he
was still in danger, because the Ministry of the Interior and Justice had publicly accused
non-governmental organizations of causing the violence in the country’s prisons, as well as
of taking weapons into the prisons in order to destabilize the system. He added that the
General Directorate of Prisoner Rehabilitation and Custody was attached to this Ministry,
and that the Directorate was an “[…] agency that repeatedly accuses [us], the organizations
who work within the penitentiary system, of being agents financed by the North American
Government and that we are the organizers of the protests that take place in our prisons on
a daily basis […].” The beneficiary considered that such accusations were acts that
threatened the human rights defenders, without indicating a threatening act or specific
dangerous situation against him (supra fifth having seen paragraph).
14.
That Carlos Nieto Palma indicated that the hearing scheduled for October 24, 2007,
was held at Prosecutor’s Office No. 34 on March 14, 2008, in the presence of the heads of
the three working groups of the El Paraíso Sub-Commissariat of the Metropolitan Police, the
prosecutor responsible [for the case], an auxiliary prosecutor and the beneficiary. The