-6light of the persistent attacks and insults pronounced by the Governor of Guárico
State against herself and her husband in a weekly radio programme. Nevertheless,
the order to extend the measures of protection granted by the Criminal Control
Court of Valle de la Pascua in favor of the aforementioned persons and their stepson,
Adolfredo Segundo Martínez-Salazar, was not notified to the Cuerpo de
Investigaciones Científicas, Penales y Criminalísticas (Criminal, Criminological and
Scientific Investigation Body) until April 22, that is to say, three days after the
request and one day after the attempt suffered by Ms. Guerrero-Gallucci and her
husband.
9.
That the attempt on Ms. Guerrero-Gallucci's and Mr. Martínez-Barrios' lives is
a fact that unveils the extremely grave situation these people face and the need to
protect them from potential irreparable damage.
10.
That this request for provisional measures was submitted to the Commission
on May 30, 2006 by several non-governmental organizations, which expanded on
said request on June 13, 2006. The Inter-American Commission registered said
request under number MP3/06 and on June 20, 2006 submitted it to this Tribunal.
On the other hand, even though the Court values what the Commission and the
State informed (supra Having Seen clauses No. 2(h) and 6(a)) regarding the fact
that, as of April 22, 2006, Control Court No. 1 ordered "a measure of protection for a
90-day renewable term in favor of the above mentioned victims", the State itself
informed that since said persons were dismissed from the hospital or clinic where
they were staying "[their] whereabouts remain unknown", which shows that the
measures of protection ordered at a domestic level are not being implemented.
11.
That, in addition to the foregoing, the measures of protection that may be
ordered at a domestic level by state authorities differ, in their nature, scope and
effects, from the provisional measures of protection ordered pursuant to the
American Convention. As has been repeatedly stated, in International Human Rights
Law, provisional measures are not only of a precautionary nature, in the sense that
they preserve a legal situation, but also, and mainly, of a protective nature, in the
sense that they safeguard human rights, to the extent that they seek to avoid
irreparable damage to persons. Provided the basic requirements of extreme gravity
and urgency and the need to prevent irreparable damage to persons are met,
provisional measures become a true judicial guarantee of a preventive nature.3
Thus, although it should be duly valued, the fact that measures of protection were
ordered at a domestic level does not limit the authority of this Tribunal to order
provisional measures pursuant to the American Convention, nor does it empower the
State to stop adopting such other measures as may be necessary to comply with
Court's orders.
12.
That the State must apply all possible means to avoid irreparable damage to
Ms. Guerrero-Gallucci and Mr. Martínez Barrios. In particular, given the
circumstances in which the facts allegedly took place, it is essential for measures of
protection to be implemented in common agreement with the beneficiaries or their
3
Cf. Matter of the Forensic Anthropology Foundation, supra note 1, Considering clause No. 5;
Matter of the Mendoza Prisons. Provisional Measures. Order of the Inter-American Court of Human Rights
of March 30, 2006, Considering clause No. 4, and Matter of Yare I and Yare II Capital Region Penitentiary
Center (Yare Prison). Provisional Measures. Order of the Inter-American Court of Human Rights of March
30, 2006, Considering clause No. 5.
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