3
Velásquez. The Court should also observe that the Venezuelan State’s brief does not
mention Liliana Velásquez, even though she was also protected by the said measures.
The Commission also indicated that “the State has not presented any information on
the investigations that it was obliged to conduct,” so that “the State is contributing
to ensure impunity in this case.” Consequently, the Commission concluded that the
State “has flagrantly failed to comply with the provisional measures granted in favor
of Marta Colomina and Liliana Velásquez”.
CONSIDERING:
1.
That the State ratified the American Convention on August 9, 1977, and,
pursuant to Article 62 of the Convention, accepted the contentious jurisdiction of the
Court on June 24, 1981.
2.
That Article 63(2) of the American Convention establishes that, “[i]n cases
extreme gravity and urgency, and when necessary to avoid irreparable damage
persons, the Court shall adopt such provisional matters as it deems pertinent
matters it has under consideration and, with respect to a case not yet submitted
it, it may act at the request of the Commission.”
of
to
in
to
3.
That, according to Article 25(1) and 25(2) of the Rules of Procedure of the
Court:
At 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.
With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[...]
4.
That Article 1(1) of the Convention indicates the obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure their
free and full exercise to all persons subject to their jurisdiction.
5.
That, in general, under domestic legal systems (internal procedural law), the
purpose of provisional measure is to protect the rights of the parties in dispute,
ensuring that the judgment on merits is not prejudiced by their actions pendente
lite.
6.
That, under international human rights law, the purpose of urgent and
provisional measures goes further, because, in addition to their essentially
preventive nature, they protect fundamental rights, inasmuch as they seek to avoid
irreparable damage to persons.
7.
That, after examining the documents in the file on these measures, the Court
considers it necessary to reiterate to Venezuela that it is the State’s responsibility to
adopt safety measures to protect all persons subject to its jurisdiction and that this
obligation is even clearer with regard to those who are involved in proceedings
before the organs of protection of the American Convention.
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