3 12. The brief of October 13 2008, in which the Inter-American Commission presented observations regarding the information put forth by the representatives. CONSIDERING: 1. That Venezuela has been a State Party to the American Convention on Human Rights (hereinafter, “the Convention” or the “American Convention”) since August 9, 1977, and that, under Article 62 thereof, it accepted the jurisdiction of the Court on June 24, 1981. 2. That the provision established in Article 63(2) of the Convention renders it mandatory for the State to adopt the provisional measures this Tribunal may order for, under the basic principle of the law on the international responsibility of States, upheld by international case law, States are required to fulfill their international treaty obligations in good faith (pacta sunt servanda)1. 3. That the jurisdiction of the Court is determined upon the necessary existence of a grave and urgent situation that could produce irreparable damage to the rights of persons. 4. That the instant measures were ordered upon the prima facie assessment of a threat to the rights to life, personal integrity, and freedom of expression of the beneficiaries under the Court Order issued on July 6, 2004, bearing in mind, inter alia, the alleged “attacks on the premises of […] the ‘El Nacional’ and ‘Así es la Noticia’ newspapers” which took place on June 3, 2004, by “a group of citizens belonging to the Movimiento Bolivariano 200 and the so-called Círculos Bolivarianos;” the alleged “verbal aggressions made on several occasions by the President of the Republic;” the alleged placement, on February 1, 2002, of “an explosive device” at the door of the ‘Así es la Noticia’” newspaper, the alleged physical attack press photographers Henry Delgado and Edgar López would have suffered, and the alleged threats received by Alex Delgado. * * * 5. That the representatives indicated that the journalistic product “Así es la Noticia” is no longer in circulation and that in what used to be its headquarters a company owned by Editora El Nacional (“El Nacional” Publishing House), called “Tu Kiosko TEN, C.A.” is operating. Likewise, they indicated that of the staff that used to work for the “Así es la Noticia” newspaper only two persons remain, and now they work for a new journalistic product belonging to “El Nacional”. 6. That the State pointed out that the “Así es la Noticia” newspaper was no longer in operation and that the business of the company now active at the premises 1 Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Inter-American Court of Human Rights of June 14, 1998, considering clause number Six; Case of Caballero Delgado and Santana v. Colombia, Provisional Measures regarding Colombia, Order of the InterAmerican Court of Human Rights of February 6, 2008; considering clause number Fifteen, and Matter of Millacura Llaipén et al. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 6, 2008, considering clause number 9.