3
6.
That, in its report of October 8, 2007, the State indicated that the Court had
“repeat[ed] its erroneous opinions concerning the Venezuelan State by deciding once again
to maintain the provisional measures in favor of Carlos Nieto Palma. If there were no
juridical reasons [to issue the Order of the Court] in 2006, there were even less in July
2007.” It added that Carlos Nieto Palma had stated that “the threats against him had
ceased.” In addition, it indicated that the beneficiary insisted that “the Prosecutor’s Office
was harassing him, [whereas, to the contrary] […] that Office is trying to comply with its
obligations, which consist in clarifying the facts in order to identify those who are guilty and
punish them” (supra fourth having seen paragraph).
7.
That the State had indicated that the Commission contradicted itself when it “insisted
that the investigation into the facts was a necessary element for the elimination of the
danger,” which the State agreed with; “but, when the Prosecutor’s Office required the
collaboration [of the beneficiary] in order to identify the supposed police agents, the latter
considered that [the Prosecutor’s Office] was harassing him” (supra fourth having seen
paragraph).
8.
That, as regards allowing the beneficiaries to take part in the planning and
implementation of the measures and keeping them informed about their progress and
implementation, the State reported that, under Venezuelan law, the Thirty-fourth National
Prosecutor’s Office with full jurisdiction attached to the Attorney General’s Office (Ministerio
Público) (hereinafter “Prosecutor’s Office No. 34”) summoned Carlos Nieto Palma to a
meeting with the officials responsible for complying with the provisional measures. The
meeting was held on March 14, 2008, when it was agreed: (a) that the officials responsible
for complying with the measures would visit Carlos Nieto Palma’s house at 7.00 p.m.; (b) to
notify the chairman of the board of the condominium apartment building where Carlos Nieto
Palma resides so that he would provide the necessary collaboration to the police authorities
who would comply with the measures; (c) that a record of the communication between Mr.
Nieto Palma and those responsible for complying with the measures would be drawn up, and
(d) that, should Mr. Nieto Palma be absent at the time agreed for the visit, the official
record would be signed by his mother, Ivonne Palma Sánchez, and, should she be absent,
by the concierge of the condominium.
9.
That, in relation to the information provided by Carlos Nieto Palma regarding the
total non-compliance with the visits agreed upon as measures of protection, in its report of
October 8, 2007, the State indicated that it was impossible to comply with the measures
because of the beneficiary’s lack of collaboration. In addition, it indicated that the Protection
Act for Victims, Witnesses and other Procedural Subjects had been promulgated and
published in Official Gazette No. 38,536 of October 4, 2006. Also, on July 11, 2008, the
State reported that, as agreed on March 14, 2008, the protection measures consisted in
visiting the beneficiary’s residence, and the Metropolitan Police were still carrying out these
visits. Regarding the threats that Mr. Nieto Palma had alleged on May 12, 2008, it indicated
that the Commission had not provided details of how the visit by the Metropolitan Police
officials on that date constituted an act of intimidation; moreover, it could not understand
why the said visit might constitute an act of harassment. In this regard, the State indicated
that it knew nothing about these facts, or about the communication in which the beneficiary
reported them.
10.
That the State also advised that: (a) on May 20, 2008, the Eighth Prosecutor’s Office
of the Judicial District of Caracas attached to the Attorney General’s Office, headed by the
lawyer, Orlando Villamizar, had ordered the opening of the investigation to clarify the facts
“relating to the alleged fifty-two (52) visits carried out by Metropolitan Police officials; (b)
on February 10, 2008, the Metropolitan Police Corps was transferred to the National