10
the maintenance of the provisional measures in full force and effect.9 In this regard,
based on the evidence of a situation of extreme gravity and urgency, the Court ordered
that an investigation be opened into the facts that led to such situation; however, any
violations of the Convention resulting from the alleged ineffectiveness of the
investigation are to be analyzed in the context of the relevant contentious case, not at
the provisional measures stage,10 unless such failure to investigate is clearly connected
to the extreme gravity for the life and personal integrity.
32.
That, on September 9, 2008 and January 16, 2009, the representatives noted
that the involvement of the State of Falcón Police Department in the investigations
related to the instant case and the fact that the police officers accused of committing
crimes against Mr. Uzcátegui are still in active service “have increased Mr. […]
Uzcátegui’s fear of a new attack on his personal integrity, which “is a justified fear
sufficient” to request that the provisional measures be maintained. The Court finds it
appropriate to thoroughly analyze this argument, and thus requests that, in a period of
two months as from the date of notification of this Order, they submit the arguments,
evidence and information as to manner, time and place such that it can establish or rule
out that the investigations in place have pushed Mr. Uzcátegui to a situation of extreme
gravity and urgency in avoiding irreparable harm to his life and personal integrity. In
particular, the State is to specify the measures adopted internally by the Police
Department of the State of Falcón to prevent and avoid any type of harassment or
threat in connection with the investigations concerning what happened to Mr. Uzcátegui
and his brother Néstor Uzcátegui.
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the powers conferred upon it by Article 63(2) of the American Convention
on Human Rights and Article 25 of the Rules of Procedure of the Court,
DECIDES:
1.
To call upon the State of Venezuela to maintain the provisional measures
established in its Order of November 27, 2002 in place for a period of six months as
from the date of notification of this Order.
9
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Court of March
14, 2001, fourth considering clause; Case of the Gómez-Paquiyauri Brothers. Provisional Measures regarding
Peru. Order of the Court of May 3, 2008, seventh considering clause; and Matter of "El Nacional" and "Así es la
Noticia" newspapers, supra note 4, thirty-sixth considering clause.
10
Matter of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional Measures
regarding Brazil. Order of the Court of July 3, 2007, seventeenth considering clause; Matter of Millacura
Llaipén et al, supra note 1, sixteenth considering clause, and Matter of "El Nacional" and "Así es la Noticia"
newspapers, supra note 4, thirty-sixth considering clause.