4 where the “Así es la Noticia” newspaper used to have its headquarters is not included among the journalistic concerns mentioned in the first paragraph of the “Resolves” section in the Order by the Inter-American Court. 7. That in its last brief the Commission only dwelt on the situation of the “El Nacional” newspaper, for the newspaper “Así es la Noticia” is not “currently in operation.” 8. That from the briefs the parties submitted it transpires that the “Así es la Noticia” newspaper is no longer in circulation. Consequently, the provisional measures ordered in favor of the persons active in such newspaper are now pointless. Thus, the Tribunal will only consider the persons individualized in the Order issued on July 6, 2004 and those on the premises of the communications organ “El Nacional” or related thereto. * * * 9. That regarding the implementation of the provisional measures ordered by the Court, the State pointed out that: a) “On July 16, 2004 the Juzgado Segundo de Primera Instancia en Funciones de Control del Circuito Judicial Penal del Área Metropolitana de Caracas, […] awarded protection measure[s] in favor of the beneficiaries mentioned in the July 6, 2004 Order], as well as in favor of [the persons located on the premises of the mass media, and appointed the Policía Metropolitana (Metropolitan Police) and the Guardia Nacional (National Guard) to implement them,” and b) on January 26, 2005 the aforementioned Court awarded the positioning of police sentries at all the newspaper facilities twenty-four hours a day, by stationing a police unit at the entrance to the premises of the “El Nacional” newspaper. Likewise, the same Court extended the protection measure awarded the premises to include the protection of the citizens Miguel Enrique Otero, Sergio Dahbar, Ramón José Medina and Rafael Lastra and provided a daytime security escorting detail for the protection of Ibéyise Pacheco, Marianella Salazar and Patricia Poleo. Furthermore, protection of the press photographers Henry Delgado, Alexander Delgado and Edgar López was ordered and a national campaign aimed at promoting respect for journalists was proposed. With respect to the foregoing, the State submitted records to evidence patrolling during March, August and September, 2006, as well as during February, June, July, August, October, November and December, 2007 and January, 2008; 10. That the representatives pointed out that: a) in spite of the measures awarded, the Policía Metropolitana de Caracas (Caracas Metropolitan Police) and the Guardia Nacional (National Guard) did not duly carry out such orders, for during some periods there was no patrolling or on occasions perimeter protection was insufficient, as it is pointed out in reports issued in 2007 by the Security Manager with the newspaper;

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