5 State to inform about the progress of the investigation and to include in its next report a specific assessment of the effects of the investigation on the risk factors of irreparable damage that were established by the Court. e) in its last reports, the State has not complied with the duty to inform the Court about the provisional measures adopted. Furthermore, it stated that it considers that the State has not complied with the duty to adopt the necessary measures to protect the life and physical integrity of Carlos Nieto-Palma, and f) the report submitted by the State “does not address accurately the duties imposed by [O]rder of the Court of July 9, 2004 […] to adopt protection measures, conduct an investigation into the facts which gave rise to the adoption of such measures, [and] allow the participation of the beneficiaries and inform the Court.” 7. The briefs submitted by Carlos Nieto-Palma on August 5, October 20, and November 7, 2005; and on January 27, 2006; whereby he pointed out, inter alia, that: a) “on [June 27, 2005] when he was reaching [his] house […] outside [his] apartment [two] officers of the Guardia Nacional were awaiting for him [with] a summons to appear at the Comando Regional 5, Destacamento 52, Sección de Investigaciones Penales (Department of Criminal Investigations of the FiftySecond Station under the Fifth Regional Headquarters) in charge of Guardia Nacional Second Lieutenant Gabriel Reyes-Manchado [, … and] that such summons did not state the reasons why the beneficiary was summonsed to appear […];” b) “it is true that he h[as] not appeared in response to the summonses he has been served, on some occasions due to medical reasons […].” Furthermore, he stated that the State “h[as] turned him from a victim to a criminal;” c) the Juzgado Décimo Noveno en lo Penal en Funciones de Control del Area Metropolitana de Caracas (Nineteenth First Instance Criminal Judicial Circuit Controlling Court) of Caracas Metropolitan Area “nationalized” the provisional measures ordered by the Court through a procedure of which he was never informed, and d) “the visits ordered are made by the Metropolitan Police of El Hatillo District Station only sporadically, whereby non-compliance therewith still continues.” Furthermore, he stated that “the threats that ha[ve] been made against [him] for [the] time being […] have ceased, and so has the persecution by the Thirty-Fourth Prosecutor of the Office of the Public Prosecutor with Full Jurisdiction Nationwide so that the beneficiary continues appearing at identity parades and supplementing his statements.” 8. The communication of the Secretariat of April 26, 2005, whereby, on instructions from the President, it requested the State to submit forthwith the reports on the provisional measures of November 19, 2004 and January 19, and March 19, 2005; in accordance with the Order of the Inter-American Court of July 9, 2004. The communication of the Secretariat of June 14, 2005, whereby, on instructions from the President, it reiterated its request to the State to submit forthwith the reports on the

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