ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JULY 6, 2004
PROVISIONAL MEASURES REQUESTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF VENEZUELA
CASE OF THE “EL NACIONAL” AND “ASÍ ES LA NOTICIA” NEWSPAPERS
V. VENEZUELA
HAVING SEEN:
1.
The June 25, 2004 brief that the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”),
pursuant to Article 63(2) of the American Convention on Human Rights (hereinafter
“the Convention” or “the American Convention”) and Article 25 of the Rules of
Procedure of the Inter-American Court of Human Rights (hereinafter “the Court” or
“the Inter-American Court”), submitted to the Court seeking provisional measures
for the persons working at the “El Nacional” and “Así es la Noticia” newspapers, in
the matter of the Republic of Venezuela (hereinafter “the State” or “Venezuela”), for
protection of their lives, the integrity of their persons and freedom of expression.
2.
The Inter-American Commission’s arguments are based on the following
allegations of fact:
a)
on seven different occasions in 2002, the Commission granted
precautionary measures on behalf of journalists in Venezuela, among
them journalists working at the “El Nacional” and “Así es la Noticia”
newspapers. It extended many of these precautionary measures up to
the present year, to protect the lives, the integrity of person and
freedom of expression of journalists, media executives, camera
personnel and photographers;
b)
on January 7, 2002, citizens belonging to the Movimiento Bolivariano
200 and the so-called Círculos Bolivarianos appeared at the offices of
the newspaper “El Nacional.” The so-called Círculos Bolivarianos had
been created with direct support from the State. These people were
protesting “El Nacional’s” editorial leaning and were hurling dangerous
objects. They also threatened the journalists who leant out of the
windows and took photographs of the protestors;
c)
consequently, on January 11, 2002, the Commission asked the State
to adopt precautionary measures with respect to the journalists,
employees, and executives working at the newspaper “El Nacional”;
d)
on January 16, 2002, the State, responding to that request for
precautionary measures, reported that it had conveyed the relevant
information to the Minister of the Interior and Justice, to the Attorney
General’s Office and to the Ombudsman, to have the facts investigated
and the competent agencies instructed to provide the protection
required to ensure the security and safety of the journalists and others
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