ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 19, 2013
PROVISIONAL MEASURES WITH REGARD TO VENEZUELA
MATTER OF MARTA COLOMINA
HAVING SEEN:
1.
The Orders issued by the Inter-American Court of Human Rights (hereinafter also
“the Court”) between September 8, 2003, and July 4, 2006, in which it ordered the
Bolivarian Republic of Venezuela (hereinafter “the State” or “Venezuela”) to adopt all
necessary measures to protect the life, personal integrity, and freedom of expression of
Marta Colomina.
2.
The note of June 14, 2013, in which the State requested that the Court lift the
provisional measures.
3.
The note of the Secretariat of June 21, 2013, in which, on the instructions of the
President, it granted the representatives of the beneficiary and the Inter-American
Commission on Human Rights until July 5, 2013, to present their observations on the
State’s request, and the note of July 26, 2013, in which the Inter-American Commission
presented its observations belatedly. The representatives did not present observations.
CONSIDERING THAT:
1.
In its request that the measures be lifted, the State merely indicated that “Marta
Colomina has benefited from provisional measures for more than six years, and during the
time the measures have been implemented, she has not reported any kind of attack or
threat that would allow verification of any of the conditions established by the Convention
and the Court’s Rules of Procedure.”
2.
The practical effects of provisional measures depend on the real possibility that they
are implemented, 1 so that they are ineffective in the prolonged absence of information
about the beneficiaries’ situation of risk. In this regard, the State did not explain its
repeated omissions of its obligation to report to the Court over the course of several years, 2
1
Cf. Case of Caballero Delgado and Santana. Provisional measures with regard to Colombia. Order of the
Court of July 4, 2006, thirteenth considering paragraph, and Matter of Álvarez et al. Provisional measures with
regard to the Dominican Republic. Order of the Court of May 22, 2013, fifty-third considering paragraph.
2
In the Orders issued in this matter, the Court observed and declared, inter alia, that the State had failed
to comply with its obligation to provide information on the measures of protection it had implemented; that the
State should present the required reports with the frequency established; that the State had not implemented the