Order of the
Inter-American Court of Human Rights*
of November 17, 2009
Provisional Measures regarding Venezuela
Matter of Guerrero-Larez
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights, (hereinafter, “the
Inter-American Commission” or “the Commission”) of November 13, 2009, and its
appendixes, through which the Commission submitted to the Inter-American Court of
Human Rights (hereinafter, “the Inter-American Court”, “the Court”, or “the Tribunal”) a
request of provisional measures, according to the Articles 63(2) of the American Convention
on Human Rights (hereinafter, “the American Convention”, or “the Convention”) and 26 of
the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), with the purpose
of making the Bolivarian Republic of Venezuela (hereinafter “the State” or “Venezuela”)
protect the life and personal integrity of Francisco Dionel Guerrero Larez (hereinafter also
“Mr. Guerrero Larez.”)
2.
The alleged facts upon which the request for provisional measures relies was
presented by the Commission, as follows:
a) Mr. Guerrero Larez was deprived of liberty serving a sentence in the Venezuelan
General Prison (Penitenciaría General de Venezuela, hereinafter also “PGV”), and
since September 7, 2009, his relatives have not been able to communicate with him.
Since that date, the father and wife of Mr. Guerrero Larez have tried without success
to contact him, without receiving any information from the prison authorities
regarding his situation and location. Among the requests issued by the family
members and the representatives of Mr. Guerrero Larez, the following events have
been found: i) on September 8, 2009, his father, Mr. Guerrero Sánchez, went to the
Regional Command No. 2, Division No. 28, Second Company, San Juan de los
Morros, with the intent to denounce that he received “a phone call in which it was
indicated that his son had been murdered in the [PGV];” ii) on September 9, 2009,
the wife of Mr. Guerrero Larez, Mrs. Hernández Colmenarez, went to the same
Command to denounce that he had been missing since September 7, 2009, in the
PGV; and “she declared that she received information concerning his murder within
the Prison,” and “published a press notice requesting information from the
authorities;” iii) on September 10, 2009, the Ombudsman (Defensoría del Pueblo)
carried out an act in which evidence was left that showed that acts targeted to find
the possible beneficiary in the PGV had been carried out, without any results; iv) on
September 23, 2009, the family members informed the Venezuelan Prison
Observatory of the disappearance of the possible beneficiary and gave notice of the
different versions and stories that they have received; such organization, on the
days October 2, 5, and 13, 2009, sent a communication to the Prosecutor General of
*
Judges Cecilia Medina Quiroga and Leonardo A. Franco informed the Court that, for reason of force
majeure, they will not be able to participate in the deliberation and signing of the present Order.