11
Moreover, the State does not refer to any administrative measures it has
undertaken, and
ii.
the State should include a detailed report regarding the administrative
and criminal investigations, as well as their results thus far.
CONSIDERING:
1.
That Venezuela has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since August 9, 1977 and that
it accepted the binding jurisdiction of the Court on June 24, 1981.
2.
That Article 63(2) of the Convention establishes that “[i]n cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons, the Court shall
adopt such provisional measures as
it deems pertinent in matters it has under
consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission”.
3.
That in this regard, Article 25 of the Rules of Procedure provides as follows:
1.
At 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.
[...]
6.
The beneficiaries of the provisional measures or urgent measures ordered by the
President may address their comments on the report made by the State directly to the Court. The
Inter-American Commission of Human Rights shall present observations to the State’s report and
to the observations of the beneficiaries or their representatives.
4.
That Article 1(1) of the Convention sets forth the general obligation of the State
Parties to respect the rights and freedoms enshrined in said Convention and to guarantee
their free and full enjoyment by any person under its jurisdiction.
5.
That in International Human Rights Law, provisional measures are not only of a
precautionary nature in the sense that they preserve a certain legal status, but they are
also fundamentally protective of human rights, in the sense that they seek to avoid
irreparable damage to persons. The measures are applied as long as the basic requirements
of extreme gravity and urgency and the prevention of irreparable damage to persons are
met. It is in this way that provisional measures are transformed into a true preventative
judicial guarantee. 1
6.
That the merits of the case that gave rise to these provisional measures is not at
present before the Court, and the issuance of provisional measures does not involve a
decision on the merits of the dispute existing between petitioners and the State. In ordering
provisional measures, the Court is only exercising its powers under the Convention, in cases
1
Cf. Case of the Constitutional Court. Provisional Measures. Order of the President of the Court of April 7,
2000, Considering paragraph eleventh; Matter of Ramírez Hinostroza et al. Provisional Measures. Order of the
Inter-American Court of May 17, 2007, Considering paragraph fifth, and Case of 19 Tradesmen. Provisional
Measures. Order of the Inter-American Court of May 12, 2007, Considering paragraph sixth.
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