2 5. The briefs submitted by the Bolivarian Republic of Venezuela (hereinafter, “Venezuela” or “the State”) on September 8 and December 10, 2008. 6. The briefs submitted by Carlos Nieto-Palma (hereinafter, “Mr. Nieto-Palma” or “the beneficiary”) on August 12 and October 29, 2008, and on January 23, 2009. 7. The briefs of the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) of September 2, 2008, and January 15, 2009. CONSIDERING: 1. That Venezuela has been a State Party to the American Convention on Human Rights (hereinafter, “the Convention” or “the American Convention”) since August 9, 1977, and that it recognized the jurisdiction of the Court on June 24, 1981, in accordance with Article 62 thereof. 2. That Article 63(2) of the Convention turns the State’s adoption of provisional measures as directed by this Court into an obligation, inasmuch as, under the basic principle of State responsibility as supported by international case law, States must comply with their conventional obligations in good faith (pacta sunt servanda).1 3. That, as far as provisional measures are concerned, the jurisdiction of the Court is dependent upon the existence of a situation of extreme gravity and urgency that might cause irreparable harm to persons. 4. That these provisional measures were granted by virtue of the Order of July 9, 2004, based on the prima facie finding of a threat to the rights to life, personal integrity and freedom of expression of Mr. Nieto-Palma, as well as the life and personal integrity of his mother, Ivonne Palma-Sánchez, considering, among other things, the facts that allegedly took place on June 6, 2003, when Mr. Nieto-Palma was visited by three political police officials of the Dirección de los Servicios de Inteligencia y Prevención [Department of Intelligence and Prevention Services] (hereinafter, “DISIP”), an agency reporting to the Ministry of the Interior and Justice, who informed him that they had been ordered to visit him at his house and wanted to talk to him. The beneficiary was questioned, among other things, about his work as a human rights advocate, his work at Venezuelan prisons and the funding of his non-governmental organization “Una Ventana a la Libertad,” an NGO devoted to human rights advocacy and promotion in Venezuelan prisons. Also, the measures were ordered due to the alleged threat he received on June 20, 2004, when certain neighbors from his building gave him a pamphlet that literally read: “[…] you’ll never live to tell about it […]’’. 5. That, through its Order of August 5, 2008, the Court did, among other things, order the State to maintain and adopt such measures as may be necessary to protect the life, personal integrity and personal liberty of Carlos Nieto-Palma, and the life and integrity of Ivonne Palma-Sánchez, for a period of at least six months as 1 Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court of June 14, 1998, sixth considering clause; Matter of Lysias Fleury. Provisional Measures regarding Haiti. Order of the Court of November 25, 2008, fifth considering clause; and Matter of “El Nacional” and “Así es la Noticia” newspapers. Provisional Measures regarding Venezuela. Order of the Court of November 25, 2008, second considering clause.