9. According to the information provided with regard to the habeas corpus action submitted by the relatives of Mr. Guerrero Larez on November 16, 2009, there is no indication at this time that his status and whereabouts have been determined. Given this lack of information, it can be assumed that he still faces a grave risk that his rights to life and personal integrity will be violated. 10. In keeping with the Order of the Court (supra Having Seen 1), the State had been required to immediately adopt the measures necessary to determine the status and whereabouts of Mr. Guerrero Larez and to protect his life and personal integrity. Likewise, bimonthly reports on this should have been submitted. Since these provisional measures were ordered, however, the Venezuelan State has submitted only two bimonthly reports, and in the course of the last year it has not submitted any information despite the requirements set forth (supra Having Seen 6). 11. As concerning the implementation of the provisional measures ordered, it is necessary to recall that legally bound States must carry out all procedures necessary for the effective protection of the measures’ beneficiaries in keeping with the instructions of the Court. This obligation includes the duty to report to the Tribunal with regard to the implementation of provisional measures according to the deadline and periodicity indicated by the Tribunal.5 12. In this case, the State has not complied with its duty to report in a proper and timely fashion. The Court has established that a State’s failure to comply with its duty to report fully on the provisional measures adopted toward complying with the Court’s orders is especially grave given the juridical nature of these measures, as they seek to prevent irreparable damage to persons facing extremely grave and urgent situations.6 It is extremely urgent that the State submit a full report given that it has not turned in the six bimonthly reports that it was supposed to have presented between May 2010 and May 2011. For this reason, the Court urges the State to report in the most urgent and conscientious way possible on the status and whereabouts of Mr. Guerrero Larez, along with the measures taken in his favor and toward attending the need for protection in this matter. 13. The Tribunal finds it pertinent to recall that given a request for provisional measures, the Court can only consider those arguments that are directly related to extreme gravity, urgency and the need to avoid irreparable damages to persons. Any additional fact or argument can only be examined and resolved during the deliberations on the merits in the adversarial case.7 Thus, the adoption of provisional measures does not imply an eventual 5 Cf. Asunto Liliana Ortega et al. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of December 2, 2003, Considering 12. Matter of Eloisa Barrios et al., Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 21, 2011, Considering 23, and Matter of Natera Balboa, Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights dated February 1, 2010, Considering 15. 6 Cf. Matter of the Urso Branco Prison. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights of July 7, 2004, Considering 16; Case of the Mapiripán Massacre. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of May 3, 2008, Considering 10, and Matter of the Jiguamiandó and Curbaradó Communities. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights dated February 7, 2006, Considering 16. 7 Cf. Case of James et al. Provisional Measures regarding Trinidad and Tobago. Judgment of the InterAmerican Court of Human Rights of August 29, 1998. Considering 6; Matter of the Unidad de Internación Socioeducativa. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights of February 25, 2011, Considering 9, and Matter of the Colombian Commission of Jurists. Request for Provisional Measures regarding Colombia Order of the Inter-American Court of Human Rights of November 25, 2010, Considering 7. 5

Select target paragraph3