ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF APRIL 15, 2010
REQUEST FOR PROVISIONAL MEASURES SUBMITTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING VENEZUELA
MATTER OF BELFORT ISTÚRIZ ET AL.
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the Commission”) of February 26, 2010 and attachments,
whereby it submitted to the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court,” “the Court,” or “the Tribunal”) a request for provisional measures
pursuant to Article 63(2) of the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) and Rule 27 of the Court’s Rules of Procedure1
(hereinafter “the Rules”) so that the Bolivarian Republic of Venezuela (hereinafter “the
State” or “Venezuela”) protect the right to freedom of expression of Raiza Elizabeth Istúriz
de Belfort, Nelson Enrique Belfort Istúriz, Antonio José Belfort Istúriz, Zayra Adela Belfort
Istúriz, and Luis Miguel Belfort, as well as William Echeverria, Beatriz Alicia Adrián García,
Leopoldo Castillo Atencio, and María Isabel Párraga (hereinafter “the proposed
beneficiaries”) “keeping the radio stations of the ‘Belfort National Circuit’ on the air after
having been closed by the authorities during the pendency of this matter in the InterAmerican System.” The stations that make up this circuit include Caraquenian Radio (in
Caracas), Falconian Radio (in Punto Fijo), Máxima Junín (in Rubio), Zulian Radio (in
Maracaibo), and Valencian Radio (in Valencia).
2.
The facts alleged by the Commission as forming the basis for its request for
provisional measures, to wit:
a)
“[o]n July 3, 2009, the Ministry of Housing and Public Works indicated[,] after announcing
the beginning of a democratization process for the radio-electric spectrum and the need to halt
those media outlets seeking to destabilize Venezuela, that the National Telecommunications
Commission (hereinafter “CONATEL”) would take steps to bring about the possible revocation of
concessions awarded to 240 radio stations who were not following the law. This announcement
was followed by the decision to order the suspension of transmission for 34 stations, five of which
were part of the ‘Belfort National Circuit’”;
b)
“[t]he administrative order to close the five aforementioned stations was adopted over the
course of an ‘information update’ procedure set in motion by CONATEL. This process began on May
25, 2009 when CONATEL issued Administrative Ruling No. 1419 [whereby updated information was
1
Approved by the Court in its LXXXV Regular Session held from November 16-28, 2009.