8
a case and application of presumptions regarding the need for protection have led
the Court several times to order provisional measures.7
14.
In view of the above, the Court deems that the measures adopted by the
President in his August 3, 2004 Order (supra Having Seen 5) must remain in force,
for which reason it ratifies that Order to its full extent.
15.
The case that the Commission’s request refers to is not being heard by the
Court regarding the merits, and therefore adoption of provisional measures does not
involve a decision on the merits of the dispute between the petitioners and the
State. By adopting provisional measures, the Court is merely ensuring that it can
fully exercise its mandate pursuant to the Convention in cases of extreme gravity
and urgency that require measures of protection to avoid irreparable damages to
persons.8
16.
On August 30, 2004 the State filed a brief in which it forwarded information
regarding the measures ordered by the President. According to the State, the
information supplied consists of “the literal transcript of the reply sent by the Public
Prosecutor’s Office of the Bolivarian Republic of Venezuela [regarding] the
Provisional Measures adopted in the Matter of ‘Globovisión’ Television Station.”
17.
On September 3, 2004 the State filed two briefs in which it reported on the
measures adopted in the Matter of “Globovisión” Television Station (supra Having
Seen 7).
18.
With respect to the measures to protect the lives, safety, and freedom of
expression, as well as to protect the head offices of Globovisión, the State pointed
out in said briefs (supra Having Seen 6 and 7) that in 2002 “[m]easures of
protection were ordered” to protect the lives and safety “of the workers, journalists,
and technicians” of said channel, as well as “the facilities where the head offices of
said broadcaster operate, and the microwave retransmission antennae that it uses.
Security bodies such as the Metropolitan Police, the Caracas Police and the National
Guard were designated to carry out said measures of protection.” The State also
pointed out that on March 5, 2004 the Fourth Court with oversight functions in the
Criminal Court Circuit of the State of Carabobo “ordered Protective Measures” in
favor of [Janeth Carrasquilla], instructing the Police of the [S]tate of Carabobo to
carry out said measures.” According to the State, said measure of protection is in
force, even though Mrs. Carrasquilla “has not appeared before the Public
Prosecutor’s Office to state that it is not being fulfilled.” The State also indicated that
on May 4, 2004 the Sixty-eighth Prosecutor of the Public Prosecutor’s Office of the
Judicial Circumscription of the Metropolitan Area of Caracas was appointed to
“process the extension” of the precautionary measures ordered by the InterAmerican Commission in favor of the employees, property and facilities of the
Globovisión television channel, and that, on May 6, 2004 the Thirty-third Court with
oversight functions in the Criminal Court Circuit of the Metropolitan Area of Caracas,
“ratified the measures adopted before.”
7
See Case of Raxcacó-Reyes. Provisional Measures. August 30, 2004 Order of the Inter-American
Court of Human Rights, Whereas ten; Matter of Carlos Nieto, supra note 6, Whereas seven; and Matter of
“El Nacional” and “Así es la Noticia” Newspapers, supra note 2, Whereas seven.
8
See Case of Raxcacó-Reyes, supra note 7, Whereas eleven; Matter of Carlos Nieto et al., supra
note 6, Whereas ten; and Matter of “El Nacional” and “Así es la Noticia” Newspapers, supra note 2,
Whereas thirteen.
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