6
provisional measures of November 19, 2004 and January 19, and March 19, 2005; and
whereby it further requested the State to submit its report of May 19, 2005.
9.
On July 6, 2006, the Secretariat, on instructions from the President, and in view
of the request made by the State so that the provisional measures be discontinued
(supra Having Seen clause 3(j)), requested the representatives and the Inter-American
Court to include in their observations detailed and up-to-date information about the
situation of Carlos Nieto-Palma, and of the other beneficiaries of the provisional
measures, Yvonne Palma-Sánchez and Eva Teresa Nieto-Palma, as well as of the minor
John Carmelo Laicono-Nieto.
10.
The briefs filed by Carlos Nieto-Palma on July 10 and August 17, 2006, whereby
he submitted his observations and pointed out, inter alia, that:
a)
non-compliance with the visits by the Metropolitan Police, El Hatillo
District Station, still continues, as such visits are sporadic and are made during
his work hours, whereby he cannot possibly be at home at the time they are
made;
b)
“the threats that ha[ve] been made against [him] for [the] time being
[…] have ceased and so has the persecution by the Thirty-Fourth Prosecutor of
the Office of the Public Prosecutor with Full Jurisdiction Nationwide so that the
beneficiary continues appearing at identity parades and supplementing his
statements;”
c)
“[it is not] true” that the Thirty-Fourth Prosecutor of the Office of the
Public Prosecutor with [Full] Jurisdiction Nationwide has requested the dismissal
of the proceedings started regarding the facts denounced in the instant case by
the beneficiary of the provisional measures, as it was informed by the Attorney
General of the Republic. In any case, in his “status as victim” he has not been
informed of said proceedings, nor has he been allowed to have access to the
record, should this exist, or to exercise the right to defend himself. The Office of
the Public Prosecutor has merely questioned him and requested him to appear
at an identity parade;
d)
as to the request to discontinue the provisional measures, the events
which gave rise to their adoption are still latent, such as his work as a human
rights activist who defends the rights of persons under arrest, the donations he
receives from international agencies such as the USAID Program implemented
by the US State Department, and the constant public threats of state officials to
accuse human rights non-government organizations working in prisons.
Whenever there is a quarrel or a riot in a prison, these organizations are
accused of having caused such actions. All this “invalidates the request made by
the State […], which, in addition, has not tendered any conclusive evidence
which supports its request;”
e)
as to the beneficiaries of the measures, he pointed out that at present
he is the General Coordinator of the non-government organization Una Ventana
a la Libertad, made up of volunteers devoted to promoting and defending
human rights in prisons and jails and who are professionals or students at the
Escuela de Derecho de la Facultad de Ciencias Jurídicas y Políticas (Law School
of the College of Legal and Political Science) of Universidad Central de
Venezuela; he is also a Professor at the Chair Cárceles y Derechos Humanos
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