4
mother Ivonne Palma-Sánchez in the various orders of the Court. He also
noted that he has no police custody or visits whatsoever.
8.
That the Inter-American Commission stated, inter alia, that the security
rounds appear to be taking place on a regular basis, but that on several occasions
the beneficiary could not be located at his home. Moreover, it finds it essential that,
in writing up the records, the agreement reached by the parties at the March 14,
2008 meeting be fully complied with, so that, should Mr. Nieto-Palma not be home
when the police officers are making their rounds, the record will be signed by his
mother or the condominium’s concierge.
9.
That the Court has verified that the main measure of protection implemented
by the State is the one consisting of visits to Mr. Nieto-Palma’s home.
10.
That this Court appreciates the efforts undertaken by the State, considering
the records it has submitted in connection with the visits at the beneficiary’s house
(supra Considering clause No. 6). However, this Court notes that Mr. Nieto-Palma
claimed that the State has not properly complied with the measures, as sometimes
the visits take place at times other than the agreed-upon time, and the beneficiary is
not home. Furthermore, the beneficiary stated that the records accompanying the
State reports are blank or fail to conform to the agreement of March 14, 2008, an
allegation that has not been contested by the State.
*
*
*
11.
That, as regards the Court’s request that the beneficiaries be allowed
involvement in the measures, following the Order of August 5, 2008, Mr. Nieto-Palma
stated that, since the State’s Agent was changed, “he has had no contact with any
representative of the […] State, and, therefore, the coordinated, joint work between
the State and [himself] is not taking place.” Neither the Commission nor the State
has expressly addressed this issue (supra Having Seen clauses Nos. 5, 6 and 7).
*
*
*
12.
That, regarding the investigation of the facts that led to the adoption of the
provisional measures, among other things the State noted that:
a)
“to have these unnecessary preventive measures remain in full force
and effect, citizen Carlos Nieto reported the alleged forging of the records of
the visits by officials attached to the [p]olice [c]orps in charge of
implementing the measure of protection which the Inter-American Court
ordered for his benefit;”
b)
The Eighth Prosecutor’s Office of the Judicial District of the Caracas
Metropolitan Area ordered the opening of the investigation on May 20, 2008,
and was currently taking steps that were necessary for and conducive to
elucidating the facts of the case;