5
and to offer the necessary guarantees for non-governmental human rights
organizations to be able to fully carry out their tasks.”
15.
The oral arguments by the Commission, submitted at the aforementioned
public hearing, summarized as follows:
a)
The State has placed obstacles to avoid granting of the protection
measures requested.
“[E]nough time [has passed] to move forward
regarding compliance with the measures and to date there has been no
willingness to comply. Nine months to proceed with the investigation has
been sufficient time to conduct [...] any type of investigation and to date
there has been no progress.” The duty of ensuring and protecting human
rights cannot be fulfilled with police officers that do not have communication
or defense equipment.
b)
“[I]t is […] important […] that the Agent of the State has, ultimately
accepted explicitly that, due to what he has called [...] disorder, interruption,
there has been no compliance with the Provisional Measures in the case of
Liliana Ortega and the other leading officials of COFAVIC.”
c)
Attacks against Liliana Ortega and the other officials of COFAVIC have
become continuous and systematic ones against a non-governmental
organization due to their function as human rights advocates. Only the
person suffering those attacks can determine when protection is sufficient.
d)
“[T]here are congressmen of the party in office who have insulted
Liliana Ortega in congressional debates, [...] there are members of official
circles [...] of the so-called hot corner in downtown Caracas, under the
control of the Bolivarian circles, who expose her as a political target for attack
in the photographs and identify her with the adjective “golpista [one
attempting to overthrow the government], recognize them”.”
e)
The Organization of American States already referred to the issue of
human rights advocates by setting forth in General Assembly Order 1818 that
it “resolves [...] [t]o reiterate its support for the work carried out, at both the
national and regional levels, by human rights defenders; and to recognize
their valuable contribution to the protection, promotion, and observance of
human rights[;] [t]o deplore acts that directly or indirectly prevent or hamper
the work of human rights defenders in the Americas[;] [t]o urge member
states to step up their efforts to adopt the necessary measures [...] to
guarantee the life, personal safety, and freedom of expression of human
rights defenders [and] [t]o invite member states to publicize and enforce the
instruments of the inter-American system and the decisions of its bodies on
this matter, as well as the United Nations Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms.”
f)
The Inter-American Court should find that the Venezuelan State has
not complied with the Provisional Measures ordered by the Court, which under
the Convention is grave to an unprecedented degree in the inter-American
human rights protection system, as it endangers the lives and the right to
humane treatment of human rights advocates.
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