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measures or on the status of the investigation into the facts that gave rise to
those measures.” Moreover, “the State had incurred in omission, [which] in
itself constitutes failure to comply with the express mandate of the Court.”
The fact that it presents a report does not exempt the State from its
obligation to provide information on the measures its authorities are taking
specifically to protect the beneficiaries. The investigations are still at the
preliminary stage and, to date, no one has been accused;
b)
Regarding the measures of protection, the beneficiaries are in a
situation of defenselessness, owing to the State’s lack of action as regards
initiating measures to provide the necessary protection, and this facilitates
the continuance of acts of intimidation and threats. The vulnerability of the
journalists protected by the provisional measures persists, as a result of the
current political context in Venezuela; and
c)
Regarding the monitoring mechanism, the Commission tried to set a
date for a meeting with the Venezuelan authorities, but did not receive a
useful reply, and there are serious problems in the coordination that should
be organized by the State to ensure that implementation of the measures is
previously planned with the beneficiaries.
28.
Note CDH-S/1041 of September 5, 2003, in which the Secretariat requested
the State to present the fifth report on implementation of the provisional measures
by September 11, 2003, at the latest.
29.
The brief of September 29, 2003, and its attachments, in which the
Commission submitted to the Inter-American Court, pursuant to Article 63(2) of the
American Convention, Article 25 of the Rules of Procedure of the Court, and Article
74 of the Rules of Procedure of the Commission, a request for expansion of the
provisional measure in favor of Carlos Colmenares, Noé Pernía and Pedro Nikken,
employees of the television channel, Radio Caracas Televisión (RCTV).
30.
The Order of the President of October 2, 2003, in which, in consultation with
all the judges of the Court, he decided:
1.
To reiterate to the State the requirement that it adopt, forthwith, all necessary
measures to protect the lives and safety of Luisiana Ríos, Armando Amaya, Antonio José
Monroy, Laura Castellanos and Argenis Uribe
2.
To reiterate to the State the requirement that it adopt, forthwith, all necessary
measures to protect the lives and safety of Carlos Colmenares, Noé Pernía and Pedro
Nikken.
3.
To order the State to allow the petitioners to participate in the planning and
implementation of the protection measures and, in general, to keep them informed of
progress in the measures ordered.
4.
To order the State to investigate the facts stated in the complaint that gave
rise to these measures in order to identify and punish those responsible.
5.
To order the State to inform the Inter-American Court of Human Rights about
the measures adopted in compliance with this Order by October 16, 2003, at the latest.
6.
To order the Inter-American Commission on Human Rights to present any
comments it deems pertinent to the Inter-American Court of Human Rights within a
week of notification of the State’s report.
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