7
3.
Pursuant to Articles 25(1) and 25(2) of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”):
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
[w]ith respect to matters not yet submitted to it, the Court may act at the request of
the Commission.
[...]
4.
Article 1(1) of the Convention sets forth the duty of the States Party 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 and freedoms.
5.
The object of provisional measures, in national legal systems (domestic
procedural law) in general, is to protect the rights of the parties to the dispute,
ensuring that the judgment on the merits is not negatively affected by their actions
pendente lite.
6.
The object of urgent and provisional measures, under International Human
Rights Law, goes further, as in addition to their essentially preventive nature, they
effectively protect fundamental rights, inasmuch as they seek to avoid irreparable
damage to persons.
7.
The Court already established in its November 27, 2002 Order, that the
background filed by the Commission in its request demonstrated prima facie the
existence of a situation of extreme gravity and urgency regarding the life and
physical safety of Luis Enrique Uzcátegui Jiménez.1
8.
The Inter-American Commission informed the Court on February 14, 2003
that Luis Uzcátegui would not be able to appear at the hearing summoned by the
President of the Court on January 24, 2003 (supra Having Seen 8) and to which he
was summoned on February 6 of that same year (supra Having Seen 13), in view of
the lack of “the documentation required” (passport) and they therefore requested
that his sworn statement be accepted (supra Having Seen 14).
9.
As was stated by the President of the Inter-American Court in his February 6,
2003 Order:2
[…] regarding any summons, when they refer to persons who are in the territory of the
State, the latter must provide its cooperation to summon them. In this regard, Article
24 of the Rules of Procedure sets forth that:
1.
The States Parties to a case have the obligation to cooperate so as to
ensure that all notices, communications or summonses addressed to persons
subject to their jurisdiction are duly executed. They shall also facilitate
1
Cf. Luis Uzcátegui vs. Venezuela Case. Provisional Measures. November 27, 2002 Order of the
Inter-American Court of Human Rights, Considering five.
2
Cf. Luis Uzcátegui vs. Venezuela Case. Provisional Measures. February 6, 2003 Order of the
President of the Inter-American Court of Human Rights, Considering five.
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