4
Commissioner Gonzalo Sánchez Delgado, who “has publicly identified with the
government supporters grouped in the Bolivarian circles” as its new director,
and
h.
in compliance with the precautionary measures issued by the
Commission, “the Venezuelan State through the Public Prosecutors’ Office
commissioned the Twenty-Fourth National Prosecutors’ Office with full
competence, and the Forty-fourth Prosecutors’ Office of the Metropolitan Area
of Caracas. Nevertheless, the applicants (sic) argue that only Liliana Ortega
has been summoned to make her statement before the Public Prosecutors’
Office on Tuesday, May 14, 2002, in the investigative proceeding entrusted to
those Prosecutors’ offices. To date, there has been no progress regarding the
complaints, despite insistence by Dr. Liliana Ortega, who has several times
asked the Public Prosecutors’ Office to conduct an extensive investigation of
the facts, providing new probatory elements. The Public Prosecutors’ Office
has not summoned anyone to make their statements, nor has it begun
investigative steps to identify those allegedly responsible, nor has it filed any
formal action with respect to the facts set forth; therefore, the juridical
situation of its action is in the preliminary stages, without having begun the
criminal proceeding, despite the fact that seven months have gone by since
the request for precautionary measures.”
CONSIDERING:
1.
The State ratified the American Convention on August 9, 1977 and, pursuant
to Article 62 of that Convention, it recognized the contentious jurisdiction of the
Court on June 24, 1981.
2.
Article 63(2) of the American Convention provides that, in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
the Court may, in matters it has under consideration, adopt such Provisional
Measures as it deems pertinent, and in cases not yet submitted to the Court, it may
act at the request of the Commission.
3.
Pursuant to Article 25(1) and 25(2) of the Rules of Procedure of the Court,
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
[w]ith respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[...]
4.
Article 1(1) of the Convention states the obligation of the States Parties to
respect the rights and freedoms recognized in that treaty and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
5.
The background information submitted by the Commission in its request
(supra, second and third Having Seen) demonstrates prima facie the existence of a
situation of extreme gravity and urgency regarding the life and physical safety of
Liliana Ortega, Yris Medina Cova, Hilda Páez (Gilda Páez), Maritza Romero, Aura
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