2
bimonthly basis, about adopted provisional measures, and to call upon the beneficiaries
thereof or their representatives, as well as the Inter-American Commission on Human
Rights, to submit their comments within four and six weeks respectively from the
notification of State’s reports.
8.
To call upon the Secretariat of the Court to give notice of this Order to the
State, the Inter-American Commission and the representatives of the beneficiaries of
these measures.
To call upon the State to adopt henceforth the provisional measures necessary to protect
the rights the rights to life and to humane treatment of Ms. María del Rosario GuerreroGallucci and of Mr Adolfo Segundo Martínez-Barrios, bearing in mind the gravity of the
situation and the special risk conditions.
3.
The reports number one through eight submitted by the State between July 12,
2006 and October 19, 2007, the briefs by the State of February 14 and 28, and May 7
and 20 and June 5, 2007 and the observations by the Commission and the
representatives to such reports and briefs, as well as the brief filed by the
representatives on November 27, 2007.
4.
The notices whereby the Secretariat, following instructions by the President,
requested the State to forward in its reports certain specific information regarding
implementation of the measures ordered.
CONSIDERING:
1.
That Venezuela is a State Party to the American Convention since August 9,
1977 and that, under Article 62 of the Convention, it accepted the contentious
jurisdiction of the Court on June 24, 1981.
2.
That Article 63(2) of the American Convention provides that, in “cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons”, the Court may, in matters not yet submitted to it, at the request of the
Commission, adopt such provisional measures as it deems pertinent.
3.
that:
That relating to such matter, Article 25 of the Rules of Procedure establishes
[...]
2.
With regard to matters not yet submitted to it, the Court may act at the request
of the Commission.
[...]
6.
The beneficiaries of urgent measures or provisional measures ordered by the
President may address their comments on the report made by the State directly to the
Court. The Inter-American Commission on 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 establishes the general undertaking by
States Parties to respect the rights and freedoms recognized therein and to ensure to
all persons subject to their jurisdiction the free and full exercise of those rights.
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