b)
In reference to the facts denounced by Hernan Antonio Bolivar (supra
considering paragraph 6(d)), the Public Prosecutor’s Office appointed the 72°
Government Attorney’s Office of the Judicial District of the Metropolitan Area of
Caracas to conduct a criminal investigation into a theft complaint filed on May 31,
2012, in which an investigation was ordered and all necessary actions taken to
determine those responsible if this was found to be the case. The case is at the
preliminary stage and at this moment, no person has been identified as the
perpetrator of or responsible for any crime;
c)
An alleged lack of investigation on the part of the State does not
necessarily constitute, in its self, a circumstance of extreme gravity and urgency;
d)
The report of unspecified facts filed by the petitioner, indicating its
connection to the non-governmental organization that is presided over by
Marianela Sanchez Ortiz, has failed to prove, in a previous request for provisional
measures before the Court, that Mrs. Marianela Sanchez, Maria Ines Garcia and
Miriam Bolivar and Mr. Carlos Alberto Nieto Palma, Emil Niño and Wilmer Linero
belong to a group that has been the target of serious threats. Therefore, it
reiterated that a situation of extreme gravity and urgency has not been
demonstrated. It would fall upon the Court to analyze whether there are
particular reasons to order the expansion of these provisional measures, and
e)
The mere belonging to a certain group, such as the one of the human
rights defenders, would not be enough to order provisional measures. It is
necessary to prove the extreme gravity and urgency by means of, for example, a
series of serious attacks against the group to which the potential beneficiary
belongs, which would allow, in turn, to reasonably infer that he or she could also
be attacked, even when he or she has not been directly threatened.
10.
In summary, the State requested the Court:
a)
To consider the actions taken by the Public Prosecutor’s Office regarding
the opening of investigations into the facts denounced by citizen Hernan Antonio
Bolivar;
b)
To consider the Public Prosecutor's Office’s lack of knowledge about the
facts reported by Marianela Sánchez Ortiz before the Court, until the filing of this
request for expansion of provisional measures;
c)
To dismiss the arguments containing accusations against the Venezuelan
State regarding the lack of due diligence in the investigations in processing the
report on provisional measures for extreme gravity and urgency; and
d)
To dismiss the expansion of provisional measures ordered in certain
Venezuelan prisons in favor of Marianela Sánchez et al., considering that, in her
capacity as a human rights defender, it has not been established that there is a
situation of extreme gravity and urgency against the group.
Article 63(2) of the Convention requires that, for the Court to order provisional
measures, three conditions must be met: (i) “extreme gravity”; (ii) "urgency” and (iii)
when necessary to avoid “irreparable damage to persons”. These three conditions must
11.
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