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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