4
has understood that the threats have ceased and, therefore, has disregarded the
case.” Finally, he pointed out that though “no further threats have been posed against
the life or physical integrity of Carlos Nieto-[Palma] and his next of kin, it is also true
that the grave threats that were initially made against them still make them fear for
their safety.”
5.
The communication of the Secretariat of the Court (hereinafter “the
Secretariat”) of February 4, 2005, whereby, on instructions from the President of the
Court (hereinafter “the President”), it requested the State to submit forthwith the
reports on the provisional measures of November 19, 2004 and January 19, 2005,
pursuant to Order of the Court of July 9, 2004 (supra Having Seen clause 1).
6.
The briefs submitted by the Inter-American Commission on December 13,
2004; August 17, and October 21, 2005; and January 26, March 27, and May 19,
2006; whereby, it argued, inter alia, that:
a)
the child John Carmelo Laicono-Nieto and Eva Teresa Nieto-Palma
returned to “their house in the city of Boca Ratón, State of Florida, United
States of America, [whereby] such beneficiaries will not be included in its future
observations […].” Furthermore, it considered that “in case they [return] to
Venezuela, their representatives shall promptly inform the Court in order to
resume compliance with any measures that may have been adopted for their
protection.” Furthermore, it pointed out that the investigation steps taken by
the State “do not comply with a standard, set by the Court, which allows
determining that the risk factors which were duly established thereby have
ceased or been disregarded a result of the investigation conducted.” It notes
that no further information has been submitted for the consideration of the
Court, and that from the information which has been submitted it cannot be
derived that coordination measures have been adopted or information is
provided to the beneficiary;
b)
it notes with increasing concern that in its periodic reports, the State
claimed to be awaiting for the authorities hearing the case to inform about “the
outcome of the investigation, so that it is possible to determine whether there
are risk factors which support the continuance or discontinuance of the
protection measures afforded” to the beneficiary. The Commission considered it
relevant to reaffirm that no domestic proceeding may aim at replacing the
jurisdiction of the Court to decide on the “continuance or discontinuance” of
such measures;
c)
it notes that there is a controversy between the State and the
beneficiary regarding the duty to afford protection. The State informed that ��it
cannot implement the protection measures effectively due to the lack of
cooperation of the beneficiary to arrange a meeting or answer to the
summonses served by the Prosecutor [in charge of the] case. For his part, the
beneficiary, “stat[ed] that the foregoing information is false [and] claims to
have made statements at the Office of the Public Prosecutor on two occasions;”
d)
the information supplied by the beneficiary is a cause for concern, as he
deems that the control mechanism implemented by the State is intimidating.
Therefore, the Commission deemed that the State must plan the protection
measures jointly with the beneficiary and that it is relevant to maintain the
provisional measures. It further pointed out that it is necessary to request the
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