Order of the
Inter-American Court of Human Rights
of January 27, 2009
Provisional Measures regarding Venezuela
Matter of Luis Uzcátegui
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter, “the InterAmerican Court” or “the Court”) of November 27, 2002, on the provisional measures
requested by the Inter-American Commission on Human Rights (hereinafter, “the InterAmerican Commission” or “the Commission”) regarding the Bolivarian Republic of
Venezuela (hereinafter, “the State” or “Venezuela”) for the benefit of Luis Enrique
Uzcátegui-Jiménez (hereinafter, “Mr. Uzcátegui” or “the beneficiary”), whereby the Court
decided as follows:
1.
To order the State to adopt, without delay, all necessary measures to protect the life
and the right to humane treatment of Luis Enrique Uzcátegui-Jiménez.
2.
To order the State to allow the applicants to participate in planning and implementation
of the protection measures and, in general, to inform them of progress regarding the measures
ordered by the Inter-American Court of Human Rights.
3.
To order the State to investigate the facts stated in the complaint that gave rise to the
instant measures, with the aim of discovering and punishing those responsible.
2.
The Orders of the Court of February 20, 2003, December 2, 2003, and May 4,
2004, whereby, among other things, the Court declared that the State “ha[d] not
effectively implemented the [p]rovisional [m]easures” and re-ordered such measures for
the benefit of the beneficiary.
3.
The briefs of February 10, April 25 and October 28, 2005; January 16, June 28
and December 5, 2006; May 28 and August 13, 2007; June 30, August 8, August 11 and
December 17, 2008, whereby the State reported on compliance with the provisional
measures ordered for the benefit of Mr. Uzcátegui.
4.
The briefs submitted by the representatives of Mr. Uzcátegui (hereinafter, “the
representatives”) on March 7, May 27 and December 7, 2005; February 23, March 31,
August 22 and February 9, 2006; July 4 and September 17, 2007; August 5 and
September 9, 2008; and January 16, 2009, whereby they provided their observations on
the aforementioned State reports.
5.
The briefs submitted by the Inter-American Commission on March 29, June 13
and December 14, 2005; March 2, April 13, August 28 and August 29, 2006; February
20, July 11 and October 3, 2007; and October 13, 2008, whereby it submitted its
observations on the aforementioned State reports and the representatives’ observations.
6.
The letter from the Secretariat of the Court (hereinafter, “Secretariat”), dated
July 19, 2007, whereby, on the instructions of the President of the Court, it requested
the Commission to provide information on the procedural status of this matter before it.