5
9.
The Order issued by the President on June 14, 2007, in which, in exercise of the
authority conferred on him by Article 63(2) of the American Convention on Human Rights
and Article 25 of the Rules of Procedure, and after prior consultation with the judges of the
Court, he decided:
1.
To reject the request for provisional measures submitted on May 26 and June 4,
2007, for the reasons adduced in the ninth and tenth considering paragraphs.
2.
To request the State to maintain the provisional measures decided in the Orders
issued by the Court on November 27, 2002, November 21, 2003, September 8, 2004, and
September 12, 2005 (supra Having seen paragraphs 1 and 2).
3.
To notify the […] Order to the State, the Inter-American Commission on Human
Rights, and the representatives of the alleged victims.
10.
The brief of June 8, 2007, received on June 19, 2007, by the Secretariat of the
Court, in which Eduardo Sapene and 180 other persons, assisted by Carlos Ayala Corao,
Pedro Nikken, Oswaldo Quintana and Moirah Sánchez, “became parties to the request
(supra Having seen paragraph 7) submitted to the Court […] for the Court to adopt
provisional measures forthwith, in the face of the imminent danger of grave and irreparable
damage continuing or new grave and irreparable damage occurring against [their] human
rights, particularly against freedom of expression, owing to the shut-down of the
transmissions of the social communication medium, the television station […] (RCTV) where
they worked and exercised [their] right to seek and impart information and opinions of all
kinds and without prior censorship.” In the said brief, they asked the Court to order the
State to adopt the provisional measures requested in the brief of June 4, 2007 (supra
Having seen paragraph 8) and stated that, since they were not parties to that brief, it
should be considered an amicus curiae in relation to the request for the adoption of the said
provisional measures. This brief was first received by e-mail on June 8, 2007.
CONSIDERING:
1.
That the State ratified the American Convention on August 9, 1977, and, pursuant to
Article 62 of said Convention, it accepted the compulsory jurisdiction of the Court on June
24, 1981.
2.
That Article 63(2) of the American Convention stipulates that:
In 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 regard to a case not yet submitted to the Court, it may act at the
request of the Commission.
3.
That, in this regard, Articles 25(1) and 25(2) of the Rules of Procedure of the Court
establish that:
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.
With regard to matters not yet submitted to it, the Court may act at the request of the
Commission.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos