ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 27, 2002
PROVISIONAL MEASURES REQUESTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
WITH RESPECT TO THE REPUBLIC OF VENEZUELA
LUIS UZCÁTEGUI V. VENEZUELA
HAVING SEEN:
1.
The November 27, 2002 brief and its appendices, in which the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the Inter-American Court of Human Rights (hereinafter
“the Inter-American Court” or “the Court”), pursuant to Articles 63(2) of the
American Convention on Human Rights (hereinafter “the Convention” or “the
American Convention”) and 74 of the Rules of Procedure of the Commission, a
request for Provisional Measures in favor of Luis Enrique Uzcátegui Jiménez. In said
brief, the Commission asked the Court to order the Bolivarian Republic of Venezuela
(hereinafter “the Venezuelan State”, “the State” or “Venezuela”) the following:
a.
To urgently adopt effective security measures to ensure the rights to life [and
to] humane treatment (Articles 4 and 5 of the American Convention) of Luis Enrique
Uzcátegui Jiménez.
b.
To coordinate the protection measures stated in subparagraph “a”, above, in
agreement with Luis Enrique Uzcátegui Jiménez or the applicants.
c.
To adopt, as an essential component of the duty to provide protection, effective
measures to investigate the facts that give rise to these measures, so as to identify and
punish those responsible for such acts in accordance with due process.
d.
To request the State of the Bolivarian Republic of Venezuela to ensure access to
justice for Luis Enrique Uzcátegui Jiménez.
e.
To inform the [...] Court within a brief term of compliance with the Provisional
Measures adopted in favor of Luis Enrique Uzcátegui Jiménez.
2.
The grounds argued by the Inter-American Commission for its request of
Provisional Measures, based on the following facts:
a.
that during the in loco visit conducted by the Commission to
Venezuela, in May, 2002, it “received information from the Ombudsman that
in Venezuela there are ‘extermination groups’ constituted by State security
officials acting in the States of Portuguesa, Yaracuy, Anzoátegui, Bolívar,
Miranda, and Aragua”;
b.
that the Commission “noted with serious concern that the
‘extermination groups’ are not only an unlawful mechanism of social control
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