6
7.
That provisional measures are exceptional in nature, they are ordered based on
protection needs and, once ordered, they must be maintained provided the Court
considers that the requirements of extreme gravity and urgency, and irreparable
damage to the rights of the individuals protected by these measures continue.4
*
*
*
8.
That the Court appreciates the efforts made by the State in order to implement
the provisional measures ordered in the instant case and to fulfill the obligation to
submit periodic reports.
9.
That, as reported by the State and the representatives (supra Having Seen
paragraphs No. 8 and 9), the Court finds that the validity of provisional measures in
favor of two beneficiaries is mainly related to the criminal investigation of the forced
disappearance of Isidro Caballero-Delgado and María del Carmen Santana-Ortiz. In this
regard, the progress expected for criminal investigation proceedings would increase
the level of risk as regards María Nodelia Parra, who has initiated investigations in the
domestic jurisdiction as civil claimant. Furthermore, the reason to maintain the
provisional measures in favor of Gonzalo Arias-Alturo is related to his participation as
witness in the investigation of the forced disappearance of the victims in the instant
case.
10.
That the Court notes that the aforementioned beneficiary has been subject to
the protection of the provisional measures for more than 10 years and this did not
result in specific progress in the investigation of the events. Indeed, at the public
hearing both the State and the representatives referred to the lack of credibility of the
statements made by such person and referred to the contradictory statements
detected therein.
11.
That notwithstanding the considerations above, the Court finds that the
representatives and the Commission requested the Court to order that these
provisional measures be maintained in favor of both beneficiaries (supra Having Seen
paragraphs No. 9 and 10).
12.
That the Court considers that it is necessary for the State to maintain these
provisional measures to protect the life and integrity of María Nodelia Parra and
Gonzalo Arias-Alturo, since the information considered by the Court allows to
and Yare II Region Penitentiary Center (Yare Prison). Provisional measures regarding Venezuela. Order of
the Inter-American Court of Human Rights of November 30, 2007, Considering paragraph No. 7; and Matter
of Monagas Judicial Confinement Center (“La Pica”). Provisional measures regarding Venezuela. Order of the
Inter-American Court of Human Rights of July 03, 2007, Considering paragraph No. 21.
4
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Resolution of the InterAmerican Court of Human Rights of March 14, 2001, Considering paragraph No. 3; Matter of Yare I and Yare
II Region Penitentiary Center (Yare Prison). Provisional Measures regarding Venezuela, supra note 3,
Considering paragraph No. 4; and Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional
Measures regarding Venezuela, supra note 3, Considering paragraph No. 7.
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