4
3.
Regarding this matter, Article 25(1) and 25(2) of the Rules of Procedure of
the Court sets forth that,
[a]t any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the
Court may, at the request of a party or on its own motion, order such
provisional measures as it deems pertinent, pursuant to Article 63(2) of the
Convention.
[w]ith respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
[...]
Subparagraph 4 of said Article 25 states that,
[i]f the Court is not sitting, the President, in consultation with the
Permanent Commission and, if possible, with the other judges, shall call
upon the government concerned to adopt such urgent measures as may be
necessary to ensure the effectiveness of any provisional measures that may
be ordered by the Court at its next session.
4.
Article 1(1) of the Convention sets forth the duty of the States party to
respect the rights and freedoms recognized in that treaty and to ensure their free
and full exercise by all persons subject to their jurisdiction.
5.
The purpose of provisional measures, in the national legal systems (domestic
procedural law) in general, is to protect the rights of the parties to a dispute,
ensuring that the judgment on the merits does not suffer detriment due to actions
by the parties pendente lite.
6.
The purpose of urgent and provisional measures, in International Human
Rights Law, goes further as, in addition to their essentially preventive nature, they
effectively protect fundamental rights, inasmuch as they seek to avoid irreparable
damage to persons.
7.
The background information submitted by the Commission in its application
(supra Having Seen 4 and 5) demonstrates prima facie the existence of a situation of
extreme gravity and urgency regarding the life, the right to humane treatment, and
freedom of expression of Carlos Colmenares, Noé Pernía, and Pedro Nikken,
employees of the broadcast station Radio Caracas Televisión (RCTV), for which
reason this Presidency deems that the State must order adoption of such measures
as may be necessary to protect said persons.
8.
It is the responsibility of the State to adopt effective security measures to
protect all persons under its jurisdiction, and this duty is even more evident with
respect to those involved in proceedings before the protection bodies of the
American Convention. Furthermore, this Court has ordered the State to “allow the
applicants to participate in planning and implementation of the protection measures