15
so that the[ir] work is duly respected, protected, guaranteed, promoted and cherished by
the Venezuelan State".
27.
That, after the public hearing, in a brief of October 8, 2009 (supra Having Seen
clause 12), the representatives requested the "[e]xpansion of the [...] provisional measures
[in favor of] the members of Observatorio Venezolano de Prisiones, Marianela Sánchez,
María Inés García, Emil Niño, Wilmer Linero [and] Miriam Bolivar”. However, the
representatives did not present specific facts of the alleged situation of extreme gravity and
urgency in order to avoid irreparable damage to these people.
28.
That, as to the request for expansion of the provisional measures, the Commission
repeat[ed] its observations made on July 6, 2009 regarding the situation of Mr. Humberto
Prado”, concluding that “it had no additional observations to make”. The Commission did
not refer to the situation of Mr. Carlos Nieto or the situation of the other members of
Observatorio Venezolano de Prisiones.
29.
That, regarding the request for expansion of provisional measures in favor of Mr.
Humberto Prado, the State recalled that on June 8, 2007 “the 36° Investigating Trial Court
of Caracas Metropolitan Area ordered [protective measures] [at the national level] in his
favor and police officers of the State of Miranda and the Municipality of Libertador were
commissioned". Nevertheless, “once such measures were no longer [in force], [said]
Investigating Trial Court […] indicated that in order to request the expansion of such
measures, it was necessary to comply with the requirements established by the Protection
of Victims, Witnesses and other Parties to the Proceedings Act [Ley de Protección de
Víctimas, Testigos y demás Sujetos Procesales], including the interview of the petitioner
with the Public Prosecutor". According to the State, the “39° Plenipotentiary Public
Prosecutor’s Office, in order to request the postponement of the Protective Measures, used
all the means of brief possible with Mr. Humberto Prado Sifontes, and it was impossible to
make him appear before such Office to file a complaint for having been subjected to threats,
risk or danger to his physical integrity, liberty, property or substantial violation of his rights;
therefore, [according to the State[, Mr. [Humberto Prado] has not used the powers granted
under [said] Protection Act [...], preventing in this way the Public Prosecutor's Office from
protecting him and guaranteeing his fundamental rights". In this sense, the State concluded
that the representatives “cannot pretend to have access to the [Inter-American system]
when they have not exhausted the domestic instances, in this case, the [p]rotective
[m]easures granted by a Venezuelan court". The State did not refer to the situation of Mr.
Carlos Nieto or the situation of the other members of Observatorio Venezolano de Prisiones.
30.
That, as previously indicated (supra Considering clause 3), for the purposes of the
adoption or expansion of provisional measures, the American Convention requires the
gravity to be "extreme", that is, the level of seriousness must be intense or high; the risk or
threat must be imminent and there must be a reasonable probability that an irreparable
damage would cause a detriment to the individual. To such effects, it is necessary to
establish the facts that prima facie would seem to meet the requirements established in
article 63 of the Convention. Furthermore, in order to determine whether a situation of
extreme gravity and urgency in order to avoid irreparable damage to people exist, the Court
may assess the set of political, historical or cultural factors or circumstances, or of other
nature, that affect the beneficiary or possible beneficiary and place him in a situation of
vulnerability in a certain moment, with the possibility of suffering irreparable damage to his
rights. This situation may increase or decrease in time on a great number of variables, but
only extreme and urgent situations shall call for protection by means of provisional