PRESS RELEASE
PRESS RELEASE
N° 1/08
IACHR TAKES CASES TO THE INTER-AMERICAN COURT
Washington, D.C., January 4, 2008 — The Inter-American Commission on Human Rights (IACHR) submitted two cases to the Inter-American Court of Human Rights in December 2007 against the Federative Republic of Brazil.
On December 20, 2007, the IACHR filed an application with the Inter-American Court against Brazil in Petition No. 12.353, Arley Escher et al. The case involves the illegal wiretapping and monitoring of the telephone lines of Arley José Escher, Dalton Luciano de Vargas, Delfino José Becker, Pedro Alves Cabral, Celso Aghinoni and Eduardo Aghinoni, members of the social organizations Associação Comunitaria de Trabalhadores Rurais (ADECON) and the Cooperativa Agrícola de Conciliaçao Avante Ltda. (COANA). These groups are associated with the Landless Workers Movement, which promotes agrarian reform in Brazil. The interception and monitoring of the telephone calls were carried out between April and June 1999 by the Military Police of the state of Paraná. The case also involves the illegal broadcasting through the public communications media of several recordings, made by the Paraná Military Police and turned over to judicial authorities in the same state, which included telephone conversations between the victims and those they represented. Finally, the case has to do with the denial of justice and adequate reparations to the victims.
On December 24, 2007, the IACHR filed another application with the Inter-American Court against Brazil in Petition No. 12.478, Sétimo Garibaldi. In its Report No. 13/07 on Admissibility and Merits, the Commission established the responsibility of the Brazilian State for violating the right to life of Mr. Sétimo Garibaldi and substantiated a series of omissions and the lack of due legal process in the investigation undertaken as a result of the murder. The police investigation was closed without the obstacles and mechanisms that maintained impunity in the case having been removed, and without sufficient judicial guarantees having been granted to prosecute the case or provide adequate reparations to the family members. Because Brazil accepted the Court’s contentious jurisdiction subsequent to the murder of Mr. Sétimo Garibaldi, the facts in the application, on which the Commission bases its legal claims and consequent requests for reparation measures, refer to developments and omissions after the date of acceptance of the Court’s jurisdiction, in terms of the State of Brazil’s lack of compliance with its duty to effectively and adequately investigate the homicide and with its obligation to provide adequate remedies to punish those responsible. The execution of Mr. Garibaldi took place on November 27, 1998, when a group of approximately twenty armed individuals carried out an operation to evict families of landless workers who were occupying an hacienda located in the municipality of Querencia del Norte, in Paraná state.
Both cases were taken to the Inter-American Court because the Commission believed that the State had not complied with substantive recommendations contained in the reports on the merits approved by the IACHR in accordance with Article 50 of the American Convention on Human Rights. In adopting its decision, the Commission took into account the considerations established in Article 44 of its Rules of Procedure.
Useful Links
Admissibility report, Petition 12.353 (English)
IACHR Website
PRESS RELEASE
N° 2/08
IACHR EXPRESSES SATISFACTION OVER RELEASE OF FARC HOSTAGES
Washington, D.C., January 14, 2007 — The Inter-American Commission on Human Rights (IACHR) expresses its satisfaction over the release, on January 10, of Clara Rojas and Consuelo González, who had been held as hostages of the Revolutionary Armed Forces of Colombia (FARC).
The IACHR recognizes the efforts by the governments of Colombia and Venezuela that made this important development possible, as well as efforts by the International Red Cross and the countries that acted as guarantors in this process.
The Commission also reiterates that the taking of hostages and their subjection to inhumane conditions in captivity constitute grave crimes that are prohibited under the standards of international human rights law and international humanitarian law. In this regard, the IACHR strongly urges the armed groups that continue to illegally hold hostage numerous civilians in Colombia to respect their lives, their security and their health, and to proceed with their immediate and unconditional release.
The IACHR trusts that the release of Clara Rojas and Consuelo González could represent a first step on the road toward a humanitarian agreement that could help bring about the peace desired by all Colombians and the international community.
Useful Links
IACHR Report on the Implementation of the Justice and Peace Law
Human Rights in Colombia, Chapter IV of the 2006 Annual Report, March 2007
Human Rights in Colombia, Chapter IV of the 2005 Annual Report, March 2006
Report on the Demobilization Process in Colombia, December 2004
Third Report on the Human Rights Situation in Colombia, February 1999
Second Report on the Human Rights Situation in Colombia, October 1993
First Report on the Human Rights Situation in Colombia, June 1981
PRESS RELEASE
N° 3/08
IACHR AND INTERNATIONAL RED CROSS INTENSIFY COOPERATION
Washington, D.C., February 22, 2008 — The Inter-American Commission on Human Rights (IACHR) and the International Committee of the Red Cross (ICRC) today signed a memorandum of understanding that seeks to intensify their relationship of mutual cooperation in order to promote and strengthen international humanitarian law and international human rights law. This is the first time that the IACHR has signed an agreement with the ICRC.
With this signing, the two organizations pledged to share academic information of a non-confidential and public nature, such as articles, publications and studies, on matters of common interest relating to international humanitarian law and human rights law. The agreement also establishes that both organizations will cooperate in the organization of training sessions relating to these areas of law for the benefit of their respective staff members.
On another matter, the agreement establishes that the IACHR and the ICRC will cooperate in the organization of events geared toward outside audiences, including conferences, training sessions, seminars, exhibitions and other initiatives related to international humanitarian law and international human rights law. They also opened the door for each organization to participate in the other’s conferences or meetings, when such meetings address matters of common interest.
“In order to strengthen the protection of human beings in all circumstances, whether in peacetime, unusual states of emergency or times of war, it is essential to promote, make known and apply the principles of international human rights law and international humanitarian law,” IACHR President Florentín Meléndez said at the signing ceremony.
“To more effectively approach these and many other tasks,” he continued, “I believe it is essential to deepen our cooperation, unite our efforts, exchange experiences and share opinions, which will help us better address the challenges, always with respect for the mandates of both the IACHR and the ICRC. The memorandum being signed today is the first and essential step to ensure such cooperation in helping to preserve the dignity and fundamental rights of human beings,” added Dr. Meléndez, who is also the IACHR Special Rapporteur for the Rights of Persons Deprived of Liberty.
The Memorandum of Understanding was signed by Meléndez and Michael Khambatta, Deputy Head of the ICRC Regional Delegation for United States and Canada. The ceremony took place in the Rubén Darío Room at the General Secretariat Building of the Organization of American States (OAS) in Washington, D.C. The agreement takes effect today and will last indefinitely.
Useful Links
Inter-American Commission on Human Rights
International Committee of the Red Cross
PRESS RELEASE
Nº 04/08
IACHR ANNOUNCES CALENDAR OF PUBLIC HEARINGS OF THE 131th PERIOD OF SESSIONS
Washington, D.C., February 27, 2008 – The Inter-American Commission on Human Rights (IACHR) announces the calendar of public hearings of its 131th period of sessions, that will take place March 3-14, 2008. The hearings will be held on March 7, 10 and 12, in the TL level of the General Secretariat Building of the OAS, 1889 F St. NW, Washington, DC, 20006. The audio recordings of all public hearings will be available in the Commission’s website and those held in Room A will be webcast live through the OAS website. In the case of the private hearings, there is neither webcast nor video or audio recording available, and the entrance of public and press is not allowed.
| Friday, March 7, 2008 – Room A |
| |
|The public hearings held in this room will be webcast live through the OAS website, . |
|Those videos can also be watched afterwards in the OAS and in the IACHR websites. |
|The audio recordings will be available in the IACHR’s website, . |
| | | |
|Time |Topic of the hearing |Participants |
|(Washington, D.C.) | | |
|9:00 – 10:00 |Petition 478/05 – Victims of anti-immigrant activities and|Seanna Howard / Robert Hershey, University of Arizona |
| |violence in southern Arizona, United States |College of Law |
| | | |
| | |Government of the United States |
|10:15 – 11:15 |Case 12.644 – José Medellín Rojas (MC 317/06), Rubén |Sandra Babcock / Center for International Human Rights |
| |Ramírez Cárdenas (MC 328/06) and Humberto Leal García (MC | |
| |349/06) |Government of the United States |
|11:30 – 12:15 |Prevention of torture in Latin America |Asociación para la Prevención de la Tortura (APT) |
|3:00 – 4:00 |General human rights situation in Venezuela |Government of Venezuela |
|4:15 – 5:15 |Private Hearing |COFAVIC / Espacio Público / Observatorio Venezolano de |
| |Situation of democratic institutions and human rights |Prisiones / Acción Solidaria / Vicaría de DDHH de Caracas |
| |guarantees in Venezuela |/ CEJIL |
|5:30 – 6:15 |Human Rights violations in prisons in Panama |Comisión de Justicia y Paz de la Conferencia Episcopal de |
| | |Panamá / Centro de Iniciativas Democráticas / Universidad |
| | |de Harvard |
| | |Government of Panama |
| |
|Friday, March 7, 2008 – Room B |
| |
|There will not be webcast of these hearings. |
|The audio recordings will be available in the IACHR’s webpage, . |
| | | |
|Time |Topic of the hearing |Participants |
|(Washington, D.C.) | | |
|9:00 – 9:45 |Situation of Discrimination of Afro-descendents in Labor, |Instituto Interamericano de Derechos Humanos |
| |Education and Access to Justice in the Americas | |
| |Women’s access to justice administration systems in the |Articulación Regional Feminista de Derechos Humanos y |
|10:00 – 10:45 |Americas |Justicia de Género: Coordinadora Política de la Mujer de |
| | |Bolivia / DEMUS / ELA / Corporación Humanas |
|11:00 – 11:45 |Situation of child trafficking and violence against women |Regroupement des Citoyens pour la Protection des Droits |
| |in Haiti (border zone) |Humains (RECIPRODH) |
| | |Government of Haiti |
|3:00 – 4:00 |Case 12.459 – Lysias Fleury, Haití |Lysias Fleury / International Human Rights Law Clinic, |
| | |American University |
| | |Government of Haiti |
|4:15 – 5:00 |Use of lethal force by the police in Jamaica |International Human Rights Law Clinic, George Washington |
| | |University / Jamaicans for Justice |
| | | |
| | |Government of Jamaica |
|5:15 – 6:00 |Situation of prisons in the Americas |Citizens United for the Rehabilitation of Errants (CURE) |
| |
|Monday, March 10, 2008 – Room A |
| |
|The public hearings held in this room will be webcast live through the OAS website, . |
|The videos can also be watched afterwards in the OAS and in the IACHR websites. |
|The audio recordings will be available in the IACHR’s website, . |
| | | |
|Time |Topic of the hearing |Participants |
|(Washington, D.C.) | | |
|9:00 - 10:00 |Obstacles in Argentina to compliance with the reports, |Centro de Estudios Legales y Sociales (CELS) |
| |decisions and recommendations of the bodies for the |Government of Argentina |
| |protection of human rights in the Inter-American system | |
|10:00 – 11:00 |Situation of human rights defenders of the Mapuche People |Nancy Yáñez / José Aylwin / Observatorio de Derechos de los|
| |in Chile |Pueblos Indígenas |
| | |Government of Chile |
|11:15 – 12:15 |Petition 1345/05 – Professors of Chañaral, Chile |Juan Pablo Olmedo Bustos |
| | |Government of Chile |
| |Investigation, trial and punishment of those responsible |CALDH / Unidad de Protección de Defensores y Defensoras de |
|3:00 – 4:15 |for serious violations of human rights in the past and the|Derechos Humanos |
| |present in Guatemala | |
| | |Government of Guatemala |
|4:30 – 5:15 |Protected areas in indigenous territories in Guatemala |Defensoría Maya Qeqchi / Indian Law Resource Center |
| | | |
| | |Government of Guatemala |
| |Human rights consequences of the grave environmental |Alianza Cívica para la Democracia |
|5:30 – 6:15 |violations caused by mining activity in Honduras |Government of Honduras |
| |
|Monday, March 10, 2008 – Room B |
| |
|There will not be webcast of these hearings. |
|The audio recordings of the public hearings held in this room will be available in the IACHR’s webpage, . |
| | | |
|Time |Topic of the hearing |Participants |
|(Washington, D.C.) | | |
|9:00 – 9:45 |Indirect restrictions of freedom of expression in Brazil |CEJIL / Article XIX |
| | |Government of Brazil |
| |Human rights situation of captive communities in Bolivia |CEJIL / Alejandro Chávez Ríos, Consejo de Capitanes de |
|10:15 – 11:15 | |Chuquisaca |
| | | |
| | |Government of Bolivia |
| |Private Hearing |Open Society Justice Initiative / Global Rights / |
|11:30 – 12:30 | |University of California, Berkeley International Human |
| |Application of the 2004 Migration Law in the Dominican |Rights Law Clinic / CEJIL |
| |Republic | |
|3:00 – 4:00 |Case 12.542 – Employees of “Fertilizantes de |Daniel Camacho / FUNDEHUCA |
| |Centroamérica” (FERTICA, Central American Fertilizers), |Government of Costa Rica |
| |Costa Rica | |
|4:15 – 5:15 |Case 12.405 – Vicente Grijalva Bueno, Ecuador |Francisco López Bermúdez / Auditoría Democrática Andina |
| | |Government of Ecuador |
|5:30 - 6:30 |Cases 12.597 – Miguel Camba Campos and others (Judges of |Ramiro Ávila Santamaría |
| |the Constitutional Tribunal) and 12.600 – Hugo Quintana |Government of Ecuador |
| |Coello and others (Judges of the Supreme Court), Ecuador | |
| |
|Wednesday, March 12, 2008 – Room A |
| |
|These hearings will be webcast live through the OAS website, . |
|The videos can also be watched afterwards in the OAS and in the IACHR websites. |
|The audio recordings will be available in the IACHR’s website, . |
| | | |
|Time |Topic of the hearing |Participants |
|(Washington, D.C.) | | |
|9:00 – 9:45 |Media consolidation and freedom of expression in Mexico |Asociación Mexicana de Derecho a la Información / Comisión |
| | |Mexicana de Defensa y Promoción de Derechos Humanos |
| | | |
| | |Government of Mexico |
|10:00 – 10:45 |Human rights of migrant workers in transit in Mexico |Federación Internacional de Derechos Humanos / Centro |
| | |Nicaragüense de Derechos Humanos |
| | |Government of Mexico |
|11:00 – 11:45 |Human rights situation of women in Chiapas, Mexico |Colectivo Feminista / CEJIL |
|3:00 – 3:45 | |Instituto de Defensa Legal |
| |The Organic Law for Military and Police Justice in Peru | |
| | |Government of Peru |
|4:00 – 4:45 |Follow-up on recommendations of the Truth and |Coordinadora Nacional de Derechos Humanos / APRODEH |
| |Reconciliation Commission of Peru |Government of Peru |
|5:00 – 5:45 |Right to education of members of Afro-Descendent and |Robert F. Kennedy Memorial Center for Human Rights / |
| |Indigenous communities in the Americas |University of Virginia Law School / Cornell University Law |
| | |School |
| |
|Wednesday, March 12, 2008 – Room B |
| |
|There will not be webcast of these hearings. |
|The audio recordings will be available in the IACHR’s webpage, . |
| | | |
|Time |Topic of the hearing |Participants |
|(Washington, D.C.) | | |
|9:00 – 10:30 |Cases “Comuna 13”, 12.596 – Luz Dary Ospina Bastidas, |Grupo Interdisciplinario por los Derechos Humanos / |
| |12.595 – Myriam Eugenia Rúa Figueroa and 12.621 – Teresa |Comisión Colombiana de Juristas |
| |Yarce, Mery Naranjo and Socorro Mosquera |Government of Colombia |
|10:45 – 11:45 |General situation of human rights in Colombia |Comisión Colombiana de Juristas / GIDH / REINICIAR |
|12:00 – 1:00 |Human rights situation of displaced Afro-Colombians |Afrocolombianos Desplazados / Global Rights |
| | |Government of Colombia |
|3:00 – 3:45 |Murder of Women in El Salvador |ORMUSA / Las Dignas / Las Mélidas / CEJIL |
| | |Government of El Salvador |
|4:00 – 4:45 |Administration of justice in El Salvador |OTLA / CODEFAM / CPDH / COMAFAC / FESPAD / CDH-ES / |
| | |Probúsqueda / DDH-SL / CO-MADRES / Comisión de Trabajo en |
| | |Derechos Humanos Pro Memoria Histórica / CEJIL |
| | |Government of El Salvador |
|5:00 – 5:45 |Administration of justice in Nicaragua |CENIDH |
| | |Government of Nicaragua |
Audio: The audio recordings of all public hearings will be uploaded to the IACHR webpage, , on the same day that the hearing takes place. Radio stations are authorized to broadcast them, provided that credits are properly recognized.
Videos: All hearings taking place in Room A will be webcast live in the OAS webpage, . These videos will be available to be watched later on the “Videos On Demand” webpage of the OAS and in the Commission’s webpage. Communication media and organizations that would like to broadcast the hearings are authorized to do so, provided that credits are properly recognized. The highest quality signal available through this system is 65 kbps.
Links: The inclusion of links in external websites to the videos of the hearings is authorized. To include a link in your Webpage, please contact Carlos Koo, phone (202) 458 6074, e-mail ckoo@.
Languages: Please note that participants in the hearings may speak in any of the four official languages of the OAS: Spanish, French, English and Portuguese. The videos and audio recordings are made through the channel of original voices and may include different languages in the same hearing.
Photographs: The OAS uploads high resolution pictures of the hearings to its Webpage (). The media is authorized to publish them, provided that credits are included.
Private hearings: The program of public hearings is made available to journalists for organization purposes only. Please note that the petitioners and the State have the right to ask that the hearing is made private, and they can request this at any time, including minutes before the hearing’s start.
Press: Media representatives do not need to present any specific credentials to cover the public hearings. Journalists may be present in all public hearings. The use of audio recorders and portable computers is allowed, with the condition that they do not interfere with the normal development of the hearing. Cellular phones must be turned off before entering the room.
Cameras: The taking of photographs (stills and filming for TV) is permitted only during the first five to ten minutes of the hearing. Photographers and cameramen must leave when asked to do so. After the hearing has started, photographers and cameramen will not be allowed to enter the room. TV crews wishing to cover the hearings at greater length or transmit them live may do so taking direct feeds of sound and images from the OAS’ system if that hearing is webcast.
Feeds: The audio connections are XLR and the video connections are BNC. Media representatives who would like to tape the hearings through this system should arrive at least 15 minutes before the start time of the hearing, so all the equipment is ready at the starting time.
Copies of videos: High resolution copies of the videos of public hearings that have been webcast can be required by the public. This service is free for TV channels. The copies can be delivered in Beta SP, in DVCPro or in DVD, according to the election of the party requiring it. They can be picked up at the OAS headquarters on the same day that the hearing took place. Copies can also be sent by mail to media headquartered outside Washington, DC. To coordinate this service please contact Luis Batlle, phone (202) 458-3336, e-mail lbatlle@.
Special service for TV stations: The TV stations headquarted outside Washington, DC, that wish to obtain video footage on the same day that the hearing took place may request the OAS to send them an unedited selection of three minutes of footage through the Internet. This is done through the OAS’ FTP server. For more information on this service please contact Patricia Davide, phone (202) 458-6861, e-mail pdavide@.
Press contact: Any questions and interview requests should be directed to Maria-Isabel Rivero, IACHR’s Press and Outreach Office director, phone (202) 458-3867, e-mail cidh-prensa@.
PRESS RELEASE
N° 5/08
IACHR TAKES CASE TO THE INTER-AMERICAN COURT
Washington, D.C., February 28, 2008 — The Inter-American Commission on Human Rights (IACHR) submitted a case to the Inter-American Court of Human Rights on February 4, 2008, against the Republic of Honduras.
The IACHR filed the application with the Inter-American Court against Honduras in Petition No. 12.507, Blanca Jeanette Kawas Fernández. The case involves the murder of the environmentalist Blanca Jeanette Kawas Fernández, which took place on the night of February 6, 1995, in the city of Tela’s “El Centro” neighborhood; the subsequent lack of due diligence in the investigation and punishment of those responsible for her death; and in general, the obstruction of justice and the lack of adequate reparations to her next of kin.
The case was sent to the Inter-American Court because the Commission believed that the State had not complied with substantive recommendations contained in the reports on the merits approved by the IACHR in accordance with Article 50 of the American Convention on Human Rights. In making this decision, the Commission took into account the considerations established in Article 44 of its Rules of Procedure.
Useful Links
Admissibility report, Petition 12.507 (English):
IACHR Web site:
PRESS RELEASE
N° 6/08
IACHR ELECTS OFFICERS
Washington, March 3, 2008 — The Inter-American Commission on Human Rights (IACHR) today elected its new officers by unanimous vote. The board of officers is composed of Paolo Carozza, Chairman; Luz Patricia Mejía, First Vice-Chair; and Felipe González, Second Vice-Chair. The election was held, in accordance with the IACHR rules of procedure, at the beginning of the Commission’s 131st regular period of sessions, the first for this year. Elections for officers take place annually. The other members of the IACHR are Commissioners Florentín Meléndez, Víctor Abramovich, Clare K. Roberts and Paulo Sérgio Pinheiro. The Executive Secretary is Dr. Santiago A. Canton.
The Chairman of the IACHR, Paolo Carozza, is a citizen of the United States, who began his term on the IACHR in January 2006. Commissioner Carozza is an attorney who graduated from Harvard Law School, where he also was a postgraduate fellow in Public International Law. Prior to that, he attended Cambridge University on a fellowship. He is currently Associate Professor of Law at the University of Notre Dame, where he has taught numerous courses on human rights, international law, comparative law and jurisprudence. He also teaches courses on European human rights law at the Catholic University of the Sacred Heart in Milan, and is a Visiting Professor at Harvard University. He has taught master’s seminars at the European Inter-University Institute for Human Rights and Democratisation in Venice and courses on human rights at the University of Trento in Italy. He has also taught courses on philosophy of law at the University of Milan Faculty of Law, was a visiting researcher and lecturer at the University of Chile, and is the author of numerous publications. In 2007, Commissioner Carozza served as First Vice-Chairman of the IACHR.
First Vice-Chair Luz Patricia Mejía is a citizen of Venezuela and began her term on the Commission in January 2008. Commissioner Mejía is an attorney who graduated from the School of Juridical and Political Science at the Central University of Venezuela, where she studied Administrative Law. She was Director of Legal Counsel in Venezuela’s Public Ministry and previously worked in that country’s Public Defender’s Office, as Director of Legal Resources and later Director General of Legal Services. She was also in charge of carrying out the Defense Program as part of Venezuela’s Education-Action in Human Rights Program (PROVEA), and worked as an attorney with the Women’s Association for Reciprocal Assistance (AMBAR) and the Organization for Citizen Action against AIDS (ACCSI). She co-authored the Law for the Protection of Victims, Witnesses and Others Involved in Judicial Procedures, as well as the Organic Law of the Public Defender’s Office and the Organic Law of Citizen Power. She has published research and specialized articles, and has lectured in courses and seminars.
Second Vice-Chair Felipe González is a citizen of Chile and began his term on the Commission in January 2008. Commissioner González is Professor of International Human Rights Law and Constitutional Law at Chile’s Diego Portales University. He founded and directed that university’s Human Rights Center, where from 2002 through 2006 he led the effort to prepare and publish the Annual Report on Human Rights in Chile. He also founded and coordinated a Latin American Network of Legal Human Rights Clinics. He has a Master of Law degree from American University, where he has been a Professor at the Academy on Human Rights and Humanitarian Law since 2001. He is currently a Visiting Professor at the Carlos III University in Madrid. Previously he was a Visiting Professor at the University of Wisconsin, Lund University, the University of Deusto and the University of Alcalá de Henares. He also worked from 1991 to 2003 for the International Human Rights Law Group (now Global Rights), first in Washington, D.C., and then in Santiago, Chile.
Under the OAS Charter, the IACHR is the principal body responsible for promoting the observance of human rights in all States in the hemisphere. It is made up of seven jurists who are independent experts, elected in their individual capacity by the OAS Member States. During the sessions that began today, the Inter-American Commission will analyze draft reports on human rights violations at the procedural stages of admissibility, merits and friendly settlement, as well as applications before the Inter-American Court of Human Rights. The IACHR will also evaluate the human rights situation in a number of OAS Member States, hold working meetings with petitioners and representatives of the States, and conduct 36 hearings of a general nature, on particular issues and on petitions and cases before the Commission.
PRESS RELEASE
N° 7/08
IACHR ASSIGNS RAPPORTEURSHIPS
Washington, March 4, 2008 — The Inter-American Commission on Human Rights (IACHR) distributed its rapporteurships on thematic areas and countries during its 131st regular period of sessions, which began on March 3 and will continue until March 14. The new distribution of rapporteurships is as follows:
· Dr. Paolo Carozza, IACHR Chairman: Rapporteur for Peru, Chile and Paraguay.
· Dr. Luz Patricia Mejía, First Vice-Chair of the IACHR: Special Rapporteur on the Rights of Women; Rapporteur for Argentina, Bolivia, Ecuador and Panama. She is also the Commission’s Alternate Delegate to the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador on Economic, Social and Cultural Rights.
· Dr. Felipe González, Second Vice-Chair of the IACHR: Special Rapporteur on the Rights of Migrant Workers and Their Families; Rapporteur for Brazil, El Salvador, Honduras and Nicaragua.
· Dr. Víctor Abramovich: Special Rapporteur on the Rights of Indigenous Peoples; Rapporteur for Colombia, Costa Rica, Cuba and Guatemala. He is also the Commission’s Delegate for the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador on Economic, Social and Cultural Rights.
· Dr. Sir Clare K. Roberts: Special Rapporteur on the Rights of Afro-Descendents and against Racial Discrimination; Rapporteur for the Bahamas, Belize, Canada, Dominica, Guyana, Grenada, Haiti, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago.
· Dr. Florentín Meléndez: Special Rapporteur on the Rights of Persons Deprived of Liberty; Rapporteur for Mexico, the Dominican Republic and Uruguay.
· Dr. Paolo Sérgio Pinheiro: Special Rapporteur on the Rights of the Child; Rapporteur for Antigua and Barbuda, Barbados, Suriname, Venezuela and the United States.
PRESS RELEASE
N° 8/08
IACHR ANNOUNCES PUBLIC COMPETITION FOR
SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION
Washington, D.C., March 10, 2008 – In light of the expiration, at the end of March 2008, of the second year of the mandate of the Special Rapporteur for Freedom of Expression, Dr. Ignacio J. Álvarez, the Inter-American Commission on Human Rights (IACHR) thanks him for his services and announces a public competition for the election of his successor.
The process by which the Commission will select the Special Rapporteur for Freedom of Expression shall follow the procedures adopted by the IACHR in its Resolution No. 04/06. The names and backgrounds of candidates who are selected as finalists for the position will be published on the IACHR website for the information of the Member States and of civil society. The IACHR Executive Secretariat will receive applications until June 1, 2008, based on the terms or reference included in the announcement. The IACHR expects to complete the selection process in July 2008.
During the period of vacancy of the Special Rapporteurship from April 1 until the selection of a new Special Rapporteur, the Office of the Special Rapporteur for Freedom of Expression will be under the responsibility of the President of the Commission.
The announcement describes the duties and responsibilities of the position, saying that that the Special Rapporteur will be responsible for supporting the IACHR in the fulfillment of its mandate for the promotion and protection of freedom of expression in the Americas. In particular, the Special Rapporteur shall perform the following functions:
• Prepare reports on freedom of expression for consideration by the IACHR and for publication, including thematic reports on issues relating the right to freedom of expression and an annual report on the status of freedom of expression in the Americas.
• Process individual cases on freedom of expression for decision by the IACHR and advise the IACHR in its litigation before the Inter-American Court of Human Rights in cases involving freedom of expression.
• Assist the IACHR in promoting international instruments relating to freedom of expression, including through the organization of and participation in promotional activities directed toward officials, professionals, journalists and students of the IACHR's work in this area.
• Make recommendations to the IACHR on urgent situations that could require adopting precautionary measures or requesting the Inter-American Court of Human Rights to adopt provisional measures.
• Provide advice and assistance to other organs of the Organization of American States (OAS) on matters relating to freedom of expression in the Americas.
• Fulfill such other mandates relating to the promotion and protection of freedom of expression as may be delegated by the IACHR.
The minimum requirements established in the announcement of the public competition for the election of the Special Rapporteur are the following:
• High moral character and independence.
• University degree in law, journalism or other relevant social science. Postgraduate or other specialized studies in the area of international human rights law preferable.
• At least 10 years of professional experience at the national or international level involving, inter alia, interaction with senior government officials, intergovernmental or nongovernmental organizations.
• Excellent knowledge of the procedure and case-law of the IACHR and the jurisprudence of the Inter-American Court of Human Rights.
• Recognized competence and professional experience in issues relating to freedom of expression and human rights in the Americas.
• Capacity to supervise personnel. Experience in fundraising and supervising projects.
• Excellent written and oral communication skills. Excellent analytical and interpretive skills. Ability to give public presentations to senior government officials, experts and representatives of nongovernmental human rights organizations, and the general public.
• Command of at least two of the official languages of the OAS: English, French, Portuguese and Spanish.
Nationality of a Member State of the OAS.
The Inter-American Commission on Human Rights (IACHR) is a principal and autonomous organ of the OAS. Together with the Inter-American Court of Human Rights, based in Costa Rica, it is one of the two bodies in the inter-American system for the protection and promotion of human rights in the Americas. The IACHR acts on behalf of all member states of the OAS and derives its mandate from the Charter of the OAS and the American Convention on Human Rights.
PRESS RELEASE
N° 9/08
IACHR PROVIDES COLOMBIA WITH GUIDELINES ON REPARATIONS POLICY
Washington, March 13, 2008 — The Inter-American Commission on Human Rights (IACHR) prepared and presented to the Colombian government a document outlining principal guidelines that should be included in a comprehensive reparations policy. The document was prepared in response to Colombia’s request for advisory assistance, based on Article 41(e) of the American Convention on Human Rights.
The Inter-American Commission approved the document on February 19, 2008, and sent it to the government of Colombia on February 20 by way of the Secretary General of the Organization of American States (OAS), José Miguel Insulza. The document is available on the IACHR Web page.
Useful Links
Principal Guidelines for a Comprehensive Reparations Policy IACHR Web site
PRESS RELEASE
No. 10/08
IACHR CONCLUDES ITS 131ST PERIOD OF SESSIONS
Washington, March 14, 2008 — As it concludes its 131st period of sessions today, the Inter-American Commission on Human Rights (IACHR) hails the peaceful resolution of tensions that had arisen in the Andean region in the last two weeks, recalling that peace is essential and necessary for the enjoyment of human rights.
The IACHR would like to express its concern about the possible application of the death penalty in Guatemala, following the approval of the new Pardons Law. The IACHR recalls that the Commission and the Inter-American Court have already gone on record to say that the State of Guatemala should adopt adequate remedies to impede the implementation of the death penalty in the situations prohibited by the American Convention. The Commission also expresses its concern, in view of information received during the hearings held during these sessions, about grave situations involving human rights violations in the region. The continued worsening of citizen insecurity; the discrimination suffered by Afro-descendents and indigenous peoples, as well as by poor people and women; the deterioration of economic, social, and cultural rights; grave obstacles to access to justice; difficulties in exercising freedom of expression; the persistent use of military justice for crimes that should be handled by civilian courts; and the impact the region’s growing environmental deterioration has on human rights are just a few of the many problems on which the Commission received troubling information. The IACHR will follow these issues closely in the coming days and months.
The Inter-American Commission would also like to express its satisfaction over the spirit of cooperation demonstrated by the States, petitioners, and civil society organizations in the course of the hearings and working meetings held during these sessions. This positive disposition made it possible to hold 36 important hearings with full participation, during which several States invited the IACHR to conduct visits, including Argentina, Bolivia, and Panama. In addition, the Commission held 33 working meetings on pending petitions and cases, and many of these produced significant advances. For example, a Memorandum of Commitment was signed concerning the situation of captive communities in Bolivia, and progress was made toward reaching a friendly settlement in cases in Bolivia, Chile, and Mexico. The Commission expresses its satisfaction over the signing of these agreements and notes that it will follow up on their compliance, in accordance with the provisions established in the American Convention of Human Rights.
Finally, the IACHR announces its schedule of sessions for the coming months. The 132nd regular period of sessions will take place July 17-25, 2008, at IACHR headquarters in Washington, D.C., and will focus solely on internal Commission issues; that is, no hearings or working meetings will be held. The 133rd regular period of sessions will take place October 16-31, 2008, and the deadline for requesting hearings and working meetings is August 27, 2008. The 134th regular period of sessions will take place March 16-27, 2009, and the deadline for requesting hearings and working meetings is January 25, 2009.
This press release is accompanied by an Annex, which is available on the IACHR Web page: .
ANNEX TO PRESS RELEASE 10/08
ON THE 131ST REGULAR PERIOD OF SESSIONS OF THE IACHR
The Inter-American Commission on Human Rights (IACHR) held its 131st regular period of sessions from March 3-14, 2008. The IACHR is composed of Paolo Carozza, Chairman; Luz Patricia Mejía, First Vice-Chair; Felipe González, Second Vice-Chair; and Commissioners Víctor Abramovich, Sir Clare K. Roberts, Florentín Meléndez, and Paulo Sérgio Pinheiro. The IACHR Executive Secretary is Dr. Santiago A. Canton.
At the opening of the 131st period of sessions, the Secretary General of the Organization of American States (OAS), José Miguel Insulza, congratulated Commissioner Carozza for his election as IACHR Chairman and welcomed the new Commissioners, Felipe González and Luz Patricia Mejía. The OAS Secretary General underscored the “growing legitimacy and relevance” of the inter-American human rights system and noted that the increase in the number of petitions presented to the IACHR—which has tripled in the last ten years—is a result of that legitimacy. “That relevance in the Commission’s work in the hemisphere creates a series of expectations. The more its legitimacy increases, and as long as national justice systems continue to face challenges, more and more people will turn to the Inter-American Commission for answers to their demands for human rights protection. This will lead to an increase in the number of issues pending before the Commission, without there having been a corresponding increase in the Commission’s administrative and financial capacity to respond effectively,” the Secretary General said. He added that he believed that to respond to the growing number of cases the IACHR receives, it will be necessary to count on “the commitment and support of the Member States,” and added that such support should “materialize without putting at risk the independence of the decisions of the bodies that make up the system.” Insulza reaffirmed the Commission’s autonomy, indicating that “its decisions should be taken free of all pressures, direct or indirect, from the Member States or from the OAS political bodies. In that way we will preserve and strengthen the system’s credibility and legitimacy.”
For his part, in his opening remarks the Chairman of the IACHR, Dr. Paolo Carozza, talked about the close relationship between human rights and democracy. In that regard, he emphasized that the Inter-American Commission has consistently affirmed that democracy and the rule of law are fundamental requisites for the observation of human rights and for their respect in the societies of the Americas. “As the Inter-American Democratic Charter reminds us, the essential elements of representative democracy include respect for human rights and fundamental freedoms, including in particular those such as freedom of expression and the press, freedom of association, political participation, and access to justice,” he said. “The effective administration of justice, and access to effective judicial guarantees of human rights, remain always among the most pervasive obstacles to the realization of human rights in the Americas.” Dr. Carozza expressed his confidence that the OAS Member States will continue to work toward becoming full participants in the inter-American human rights system through ratification of the American Convention of Human Rights and other basic human rights instruments of the region, and that they will take seriously their responsibility to give effect to the recommendations, judgments, and other decisions of the system’s supervisory bodies.
Dr. Carozza also urged the member countries to ensure that the Commission has the necessary human and financial resources to be able to carry out its critical tasks. “The mandates of the Commission are broad and numerous, and are expanded regularly at the initiative of the General Assembly and other organs of the OAS,” he explained. “The resources available have not, unfortunately, grown proportionately. The Commission cannot effectively fulfill its responsibility to process cases in a timely manner, monitor human rights throughout the hemisphere, and engage in its other essential functions without firm commitments on the part of the Member States to secure the Commission’s financial condition,” he said. Dr. Carozza thanked the States that have helped finance the Commission’s work through special contributions, but added, “At the same time, it is troubling that more than 50 percent of the Commission’s budget in 2007 came from such contributions rather than from the general funds of the OAS. It the long run, it could place the Commission in a potentially vulnerable and precarious position. We would therefore urge that the general funds allocated through the OAS budget be adequate to the Commission’s work.”
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During these sessions, the IACHR approved reports on individual cases and petitions. On March 7, 10, and 12, 36 it held hearings on individual cases and petitions, precautionary measures, and general and specific human rights situations. In addition, 33 working meetings were held on petitions and cases before the Commission, in which representatives of both parties participated. The participation in hearings and working meetings by representatives of the OAS Member States, as well as by those who appeared as victims or petitioners, constitutes an important contribution toward strengthening the work of protecting the human rights of the people of the hemisphere. The Inter-American Commission values and appreciates such assistance and participation. In that respect, the participation of high-level government authorities of several countries should be noted as a sign of their respective States’ willingness to engage in dialogue with the IACHR and with civil society.
In addition, various meetings and activities were held with other international agencies and nongovernmental organizations. On March 4, the Commission held a working luncheon with the Committee against Torture (CAT), the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), and the Association for the Prevention of Torture (APT), for the purpose of strengthening mechanisms of mutual cooperation. During the meeting, emphasis was placed on the importance that all OAS Member States ratify the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was adopted on December 18, 2002, by the United Nations General Assembly. The Protocol, which entered into effect on June 22, 2006, creates a system of prevention and protection against torture through periodic visits by national and international independent bodies to places where there are people deprived of their liberty. By ratifying this protocol, the States strengthen their commitment to maintain their detention centers free of torture and other cruel treatment, and agree to create specific mechanisms to reach this objective. The Commission recognizes the nine countries in the Americas that have ratified the Optional Protocol: Argentina, Bolivia, Brazil, Costa Rica, Honduras, Mexico, Paraguay, Peru, and Uruguay. It also encourages Chile, Ecuador, Guatemala, and Nicaragua, which have signed the instrument, to complete the process; and urges the remaining Member States to ratify the Optional Protocol so that it can become an effective instrument to eliminate torture and other cruel, inhuman, or degrading treatment in the region.
On another matter, a meeting was held on March 6 with Paul Hunt, Special Rapporteur of the United Nations Human Rights Council on the Right to Health, in which discussions focused on such issues of common interest as the impact of the environment on health and the right to sexual and reproductive health. On March 13, meanwhile, the Commission received the Coalition of NGOs, a meeting in which both parties emphasized the critical importance of preserving and defending the independence of the inter-American human rights system. A working luncheon was also held with representatives of the Ombudsmen Network of the Americas, for the purpose of exchanging ideas on the role of national human rights institutions—particularly national ombudsmen—within the framework of the OAS. On that same day, the full Commission also met for the first time with members of the board of directors of the Justice Studies Center of the Americas (JSCA), as part of an ongoing dialogue between these organizations on issues of common interest.
The Commissioners who were elected during the 37th OAS General Assembly, held in Panama in June 2007—Dr. Luz Patricia Mejía and Dr. Felipe González—assumed their posts on January 1, 2008, for the four-year term established in the regulations; thus the current period of sessions was the first in which they participated fully. Both Commissioners had participated as observers in some sessions and hearings held during the Commission’s 130th period of sessions, in October 2007. The Commission and the Executive Secretariat extends a warm welcome to them.
The IACHR planned its work for 2008 and scheduled the periods of session that will be held in the coming year. The 132nd regular period of sessions will take place July 17-25 at IACHR headquarters in Washington, D.C., and will be devoted exclusively to internal sessions of the Commission; that is, no hearings or working meetings will be held. The 133rd regular period of sessions will take place October 16-31, 2008. The deadline for requesting hearings for the 133rd period of sessions is August 27, 2008, in accordance with Articles 62.2 and 64.1 of the IACHR Rules of Procedure. The Commission has also decided to apply the same deadline to receive requests for working meetings for the 133rd period of sessions. The 134th regular period of sessions will take place March 16-27, 2009. The deadline for requesting hearings and working meetings for the 134th period of sessions is January 25, 2009.
I. REPORTS ON INDIVIDUAL PETITIONS AND CASES
The IACHR evaluated numerous individual petitions and cases alleging violations of human rights protected by the American Convention on Human Rights, the American Declaration on the Rights and Duties of Man, and other inter-American instruments.
The reports approved by the IACHR reflect some of the structural human rights problems that persist in the region. They refer to respect for the rights to life and personal integrity; guarantees to due process and judicial protection; the exercise of economic, social, and cultural rights; and the rights of children, indigenous peoples, women, and persons deprived of their liberty, among other matters.
II. HEARINGS
On March 7, 10, and 12, the Commission held 36 hearings on individual cases and petitions, precautionary measures, and general and specific human rights situations. The hearings on individual cases and petitions had to do with issues of admissibility, merits, and follow-up.
Individuals who appear to offer testimony or information during the hearings should enjoy all necessary guarantees. In a June 8, 1990, resolution, the OAS General Assembly recommends to governments “that they grant the necessary guarantees and facilities to enable nongovernmental human rights organizations to continue contributing to the promotion and protection of human rights, and that they respect the freedom and safety of the members of such organizations.” Furthermore, Article 61 of the IACHR Rules of Procedures indicates: “The State in question shall grant the necessary guarantees to all the persons who attend a hearing or who in the course of a hearing provide information, testimony or evidence of any type to the Commission. That State may not prosecute the witnesses or experts, or carry out reprisals against them or their family members because of their statements or expert opinions given before the Commission.”
The hearings held in Room A were transmitted live via the Internet. Videos of these hearings are available to anyone who is interested, under Videos on Demand on the OAS Web site. In addition, audio recordings of all the public hearings (held in Rooms A and B) are available on the IACHR Web site, under Public Hearings; this Web page also includes links to videos and high-resolution photographs taken during the hearings. External Web sites are authorized to include links to these audio and video recordings as long as credit is given to the OAS. The IACHR thanks Primestream Corporation and its president, Claudio Lisman, for providing the bandwidth needed for high-quality transmission to a wide audience. His generous contribution has made it possible to increase the number of computers that can connect to the transmission at any given time, thus responding to the increased interest in following the hearings from all countries of the region.
A. General and Thematic Hearings
During this period of sessions, hearings were held on the general human rights situation in OAS Member States and on other general issues at the national and regional level. Two of the hearings were private, at the request of the organizations that had asked for them: “Situation of Democratic Institutions and Human Rights Guarantees in Venezuela” and “Application of the 2004 Migration Law in the Dominican Republic.” The remaining hearings are summarized as follows, with links to available audio and video recordings.
Situation of Discrimination of Afro-descendents in the Americas in Labor, Education, and Access to Justice
Audio
In this hearing, the Commission received information from the Inter-American Institute of Human Rights, in collaboration with Afro-descendent activists from across the region, about the situation of discrimination against persons of African descent in the areas of labor, education, and access to justice. Petitioners highlighted the disproportionate impact of discrimination in these areas on Afro-descendents and on Afro-descendent women in particular. In the labor sector, Afro-descendents are reported to receive lower salaries in comparison to others with similar skills, and they are often assigned the most subordinate positions. In the criminal justice system of Brazil, for example, the petitioners report that blacks constitute the majority of the prison population and tend to serve longer prison sentences than members of other groups. In the area of education, beyond the fact that many Afro-descendents in the Americas do not have access to education, petitioners report that the curriculums in public schools do not reflect the history and culture of Afro-descendent communities, which contributes to social exclusion and feelings of shame about people’s socio-cultural history and origins. Afro-descendent women are reported to suffer multiple layers of discrimination on the grounds of their race and sex, and therefore are even more susceptible to the abuse of their rights and more likely to encounter additional obstacles to access legal remedies for harm suffered. In this regard, the petitioners forwarded a number of requests to the Commission, including a request that the Commission continue to participate in the development of a draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance; that it enhance its role in monitoring the progress made by States in the region with respect to the Durban Plan of Action (World Conference on Racism, 2001), and more specifically, the Santiago Declaration; and that it publish the regional report on affirmative action, a task that was mandated by the OAS General Assembly. The petitioners stressed the need for States to develop specialized programs and public policies in favor of Afro-descendents in the region, especially in the education and labor sectors, and claimed that a regional report prepared by the IACHR on affirmative action will serve as a key reference document for States in developing such programs.
Prevention of Torture in Latin America
Audio Video
The Association for the Prevention of Torture (APT) requested this hearing to provide the IACHR with information about the status of implementation of the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in the States Parties. They focused in particular on the National Preventive Mechanisms (NPMs) established by the OPCAT and the current challenges to preventing torture in the treaty’s States Parties in the region: Argentina, Bolivia, Brazil, Costa Rica, Honduras, Mexico, Paraguay, Peru, and Uruguay. According to the APT, to date only two of the nine OPCAT States Parties in the region have designated NPMs: Costa Rica (Defensoría de los Habitantes) and Mexico (Comisión Nacional de Derechos Humanos). The petitioners contended that the legal framework used for making the designations was not adequate and that in practice, these two cases do not incorporate all the prerogatives that should characterize the NPMs. The APT also emphasized that the other seven States Parties—Argentina, Bolivia, Brazil, Honduras, Paraguay, Peru, and Uruguay—have not complied with their international obligation to designate NPMs, and indicated that the degree of progress in terms of consultation, debate, and designation of NPMs varies in each State.
General Human Rights Situation in Venezuela
Audio Video
In the hearing requested by the Venezuelan State on the general human rights situation in that country, representatives of the State highlighted the progress achieved by the current government, with emphasis on the exercise of economic, social, and cultural rights through its missions. In particular, the State underscored its achievement of literacy for the majority of society, the reduction in poverty, health-care coverage for the most vulnerable sectors, the reduction in unemployment, improvements in nutrition programs for students, the reduction in infant mortality rates, and the increase in Venezuelans’ access to basic public services. Statistics were also presented demonstrating confidence in the state of democratic institutions in Venezuela. The Commission presented its concerns regarding the guarantee of the right to freedom of expression, violence in detention centers, and the concept of provisional judiciary officials, among other issues. In its response, the State affirmed that Venezuela is a guarantor of freedom of expression. It recognized the existence of problems in the prison infrastructure, noting the construction of new prisons, and indicated that the election of judiciary officials is held through a competitive process, which has contributed to an increase in the number of judges holding permanent positions.
Human Rights violations in prisons in Panama
Audio Video
The petitioners—representatives of the Justice and Peace Commission of the Episcopal Conference of Panama and of the Center of Democratic Initiatives, accompanied by the Director of the Human Rights Program of the Harvard Law School and two of his students—requested the hearing to discuss the general situation of the human rights of persons deprived of their liberty in Panama. They presented a 150-page report summarizing the investigation they carried out over a period of 18 months, which included visits to seven detention centers in Panama between March and October, 2007. These seven centers house more than 75 percent of the penal population. The petitioners focused on the problems in detention centers of overcrowding, hygiene, and the lack of separation of those who had been convicted from those who were in preventive detention. They presented information on abuse of prisoners (beatings and tear gas), rehabilitation facilities for a small percentage of prisoners, and unequal treatment, with better treatment afforded to foreign prisoners. The government, for its part, presented a report on the efforts it has undertaken to improve the situation. It also emphasized its openness to this investigation and its willingness to cooperate with the Commission and in particular with Florentin Melendez, the Rapporteur on the Rights of Persons Deprived of Liberty, to improve the situation of detainees in Panama.
Women’s Access to Justice Administration Systems in the Americas
Audio
The thematic hearing on women’s access to justice administration systems in the Americas was requested by the Articulación Regional Feminista de Derechos Humanos y Justicia de Género (Regional Feminist Coalition for Human Rights and Gender Justice), made up of the following organizations: Corporación Humanas (Colombia, Chile, and Ecuador); ELA (Argentina); Coordinadora Política de la Mujer (Bolivia); and Estudio para la Defensa y los Derechos de la Mujer, DEMUS (Peru). The petitioners presented an exploratory study that identifies general trends in women’s access to justice administration systems in Argentina, Bolivia, Colombia, Chile, Ecuador, and Peru. They indicated that the trends identified show that the percentage of women occupying high-level posts in justice systems is far below the percentage of the female population. They added that while the number of women in the justice administration system has increased, this does not guarantee that women end up filling high-level posts, nor does it point to parity in the system. They emphasized that the selection and appointment mechanisms designed to gain access and ascend to higher posts within the judiciary or the public ministry appear to be neutral, but that gender stereotypes persist among actors in the justice system and reinforce cultural preconceptions that assign certain characteristics to men and women, thus contributing to a division of labor by sex. They also underscored the lack of awareness about the American Convention on Human Rights and the Convention of Belém do Pará among those interviewed as part of the survey. In terms of recommendations, they emphasized the need to reconcile women’s family and work life, and to draw a clear connection in the relationship between human rights and democracy to bring about a true exercise of rights that goes beyond mere words.
Trafficking of Children and Violence against Women in the Border Region of Haiti
Audio
The Commission received information from petitioners representing the Regroupement des Citoyens pour la Protection des Droits Humains (RECIPRODH) about the situation of trafficking of children and violence against women in the Haitian-Dominican border region, and the alleged negligence of the State in ensuring protection for women and children from trafficking and violence. RECIPRODH, a civil society organization providing support to victims in the border town of Ouanaminthe, said that trafficking and abuse of children is especially prevalent in this town given that it is a major trading center of goods and services between the two countries. The petitioners informed the Commission that the absence of security forces in this region leads to the ongoing illegal practices of traffickers engaged in smuggling children and adolescents who are used for domestic labor, sexual exploitation, and other degrading activities. A weak presence of the State in Ouanaminthe has contributed to an atmosphere in which perpetrators—often through force, influence, and collusion with local authorities—act freely and unchallenged, creating conditions of widespread fear and intimidation among the population. The petitioners seek the Commission’s more vigilant monitoring and reporting of this situation. In response, the State acknowledged the problem of trafficking between Haiti and the Dominican Republic and the lack of adequate security measures and protection mechanisms. The State related its efforts to build up the Haitian National Police force across the country and confirmed the particular need to provide enhanced security in the border region. Given the limited resources available to secure Haiti’s border, the State indicated its efforts to work with the United Nations Stabilization Mission in Haiti (MINUSTAH) to meet its obligations. While the State confirmed Haiti’s recent ratification of an international treaty on organized crime, it acknowledged the absence of domestic legislation governing the issue of trafficking in persons, and indicated its efforts to ensure that adequate legislation is swiftly adopted. Finally, the State encouraged the Commission to conduct on-the-ground investigations on this issue, in order to assist the State in understanding the problem, its causes, consequences, and impact on the human rights situation of Haitians.
Use of Deadly Force by Police in Jamaica
Audio
The Commission received information from the petitioners—Jamaicans for Justice, and the George Washington University International Human Rights Clinic—about an alleged upsurge in fatal police shootings in Jamaica and the lack of judicial response by the State to these incidents. The petitioners presented the findings of a 2004-2007 report documenting the use of deadly force by police forces in Jamaica, alleging that the problem has reached alarming levels. The petitioners reported that since 2004, over 700 people have been killed by Jamaican police forces. In 2007, petitioners reported, over 270 people died violently at the hands of the police, figures that make this a record for the third year in a row. They alleged that extrajudicial killings of civilians follow a pattern of similar practice in which officers target victims—usually unarmed young men or boys—from lower socio-economic strata. They also underscored that despite allegations of “shoot-outs” against armed individuals, the police officers implicated are rarely injured or killed. The petitioners reported that prosecutions of State agents for these cases remain rare and convictions are almost non-existent, indicating that only one police officer has been convicted since 2006. Out of 3,400 incidents of police violence since 1999, which resulted in 1,500 deaths, only 134 have reportedly been presented to the criminal courts. The petitioners emphasized the alarming situation of the widespread use of deadly and arbitrary force against civilians, and the lack of an effective judicial response, which they allege perpetuates a climate of impunity for these crimes. Petitioners concluded with a request to the Commission to conduct a country visit to investigate this issue and to propose recommendations to the State.
Situation of Prisons in the Americas
Audio
The organization CURE (Citizens United for the Rehabilitation of Errants) requested this hearing to inform the IACHR about the situation of prisons in the 35 States of the Americas, through the presentation of a report on the countries’ prison systems. According to the petitioners, the main problems in the region include overcrowding, a large number of prisoners who have not been sentenced, inhumane conditions, violence and crime inside prisons, and social pressures favoring “strong hand” policies. The petitioners also presented a series of recommendations on each of the main problems cited and other issues of particular importance, such as: investing in rehabilitation programs to develop useful labor skills for the job market; improving the efficiency of justice systems to confront the problem of excessive use of preventive detention; expanding alternatives to prison as a way to ease overcrowding; eliminating all forms of torture and cruel or inhuman punishment, as well as the death penalty; supporting independent agencies that oversee prisons and jails; and promoting a culture of mutual respect between inmates and prison staff.
Obstacles in Argentina to Compliance with the Reports, Decisions, and Recommendations of the Bodies for the Protection of Human Rights in the Inter-American System
Audio Video
The hearing was requested by the Center for Legal and Social Studies (CELS), whose representatives informed the IACHR about problems in the State of Argentina’s compliance with the decisions of the inter-American human rights system. They pointed to coordination problems among government ministries; a lack of continuity in State representation; a lack of participation by the legislative branch in the approval of legal reforms; inefficiency in the judiciary in the investigation and resolution of cases; and a failure by provincial governments to respect international decisions, among other problems. The petitioners also asked for the creation of a federal law that would implement an internal national mechanism for compliance with international decisions and that would clearly establish coordination channels among agencies, the duties of officials designed to represent the State, and the responsibilities of the national or provincial State in each case. For their part, the representatives of the State agreed on the need to create an internal mechanism to regulate procedures, both for presenting claims before international bodies for human rights protection as well as for carrying out decisions issued by these bodies. In this regard, they proposed the implementation of such a mechanism through executive decree and subsequently through a federal law. In response to this proposal, the petitioners insisted on the need to implement the mechanism directly through a federal law.
Situation of Human Rights Defenders of the Mapuche People of Chile
Audio Video
The Observatory of Indigenous Peoples’ Rights (Observatorio de Derechos de los Pueblos Indígenas) in Chile reported during this hearing that legislation in Chile regarding indigenous peoples falls far below international standards. It contended that public policies put forth in the last decade regarding indigenous peoples have been insufficient and contradictory. It also underscored the slow pace in the process of demarcating indigenous ancestral lands, principally those of the Mapuche People, while at the same time investment projects in extractive industries and infrastructure are being promoted and executed inside indigenous territories. The speakers presented information on the judicial persecution of the Mapuche and their defenders that began in the 1990s, using the State Domestic Security Law and the Anti-Terrorist Law, based on which ten human rights defenders have been convicted to sentences ranging from five to ten years. They reported that between 2001 and 2003, more than 200 cases were filed for actions linked to the reclamation of ancestral lands. They also argued that there is an excessive and disproportionate use of public forces, particularly with respect to women, children, and the elderly, especially traditional authorities. In this regard, they underscored that the crimes committed by individuals or by the police against the defenders have gone unpunished, and only rarely has the executive branch or the Public Ministry become a party to these cases. They also indicated that the crimes committed by State police agents are heard by military tribunals under current legislation and remain unpunished in the vast majority of cases. The State, for its part, said measures have been adopted to improve this situation, although it recognized that a deficit exists and that many aspects must be improved. The State offered assurances that there is no policy in Chile designed to exercise force against the Mapuche; indicated that in 2005 it ceased the practice of applying anti-terrorism legislation in judicial cases against members of the Mapuche People; and reported that draft legislation exists to restrict the application of the Military Criminal Tribunals. It further indicated that the Indigenous Criminal Defender’s Office was created in Chile in 2001 and that many of the Mapuche who were prosecuted had public defenders. In terms of the WLO Covenant 169, the State indicated that it was recently approved by the Senate and that the current government is willing to ratify it.
Investigation, Trial, and Punishment of Those Responsible for Serious Human Rights Violations in the Past and Present in Guatemala
Audio Video
The petitioners stated that a pattern of systematic impunity persisted in Guatemala with respect to the grave human rights violations committed during the internal armed conflict (1962-1996). They also talked about profound deficiencies in steps taken by the Public Ministry in cases in which crimes against human rights defenders are being investigated. For its part, the State noted that some progress has been made in recent years, particularly in terms of indemnification. However, it recognized that with regard to victims of the internal armed conflict, justice has been one of the historic debts. The State ratified the new government’s commitment to international human rights commitments.
Protected Areas in Indigenous Territories in Guatemala
Audio Video
The petitioners contended that when it comes to protected areas in indigenous territories, initiatives in this area—both public and private—fail to consider the collective rights of indigenous peoples and have an adverse effect on the rights to self-government, the collective ownership of land and natural resources, and the right to free determination of indigenous peoples. In particular, they referred to the designation of the so-called Sierra de Santa Cruz protected area, which would affect 43 communities of the Maya-Q’eqchi People. The leader of the 43 communities demanded in his native language that the way of life of the Maya-Q’eqchi be respected, adding that they had been protecting their natural resources from the time of their ancestors and did not need anyone to tell them how to do so. The State, for its part, proposed analyzing the problem through roundtable discussions and working meetings with the petitioner associations and with all representatives of indigenous peoples who consider themselves affected by the issue of this hearing.
Human Rights Consequences of the Grave Environmental Violations Caused by Mining Activity in Honduras
Audio Video
The Honduran nongovernmental organization Civic Alliance for Democracy (Alianza Cívica para la Democracia, ACD) in this hearing denounced the purported negative effects of mining activity on the environment and on health. They argued that the situation could eventually lead to human rights violations due to the damages inflicted on communities near places where mining activities are being carried out and due to governmental indifference to the situation. They also suggested proposals and alternatives to contain the alleged damages, without seeking a complete halt to mining activities. For its part, the government of Honduras rejected the petitioners’ contentions that mining activity was causing pollution and health problems, and denied that there had been no appropriate State intervention. The government presented information on the measures that have been taken to coordinate among various State institutions a plan to regulate and supervise mining activity, and underscored its efforts to protect the least fortunate communities. Finally, the Honduran government urged the petitioners at the hearing to exhaust their internal legal remedies and to continue engaging in dialogue on this issue in Honduras.
Indirect Restrictions of Freedom of Expression in Brazil
Audio
The Center for Justice and International Law (CEJIL) and the organization Article 19 requested this hearing, to which they were accompanied by a representative of the Brazilian Association for Investigative Journalism (ABRAJI). They talked about legal provisions and judicial practices they said are taking place in Brazil to the detriment of freedom of expression. They indicated as a critical problem the abusive use of legal actions that result in civil sanctions against journalists and human rights defenders, which they argued have a restrictive, intimidating, and negative effect on freedom of expression. They emphasized that a high percentage of these legal actions are initiated by public officials. They also indicated as problematic the lack of adequate criteria in these legal actions to determine the damage caused as well as the amounts that should be paid as indemnification, noting that these had quadrupled between 2003 and 2007. They also discussed judicial decisions preventing the publication of certain information to avert an offense against a person’s honor, which could constitute prior censorship. For its part, the State indicated that case law established by appeals courts in these legal actions taken against journalists in Brazil has evolved toward verifying actual malice on the part of the accused. They added that for the State of Brazil it would be unconstitutional to have a table of values specifying the amount to be paid in indemnity before any damage occurs. They noted that the amounts involved to date are in line with precedents established by the Inter-American Court.
Human Rights Situation of Captive Communities in Bolivia
Audio
The public hearing on the human rights situation of the captive Guaraní communities of Bolivia’s department of Chuquisaca was attended by various civil society organizations and representatives of the Bolivian State. Petitioners were the Center for Justice and International Law (CEJIL), the Center for Juridical Studies and Social Investigation (CEJIS) and the Captains Council of Chuquisaca, who made presentations on the human rights violations generated by the implementation of the Law on Extension of the Agrarian Reform. This law establishes procedures for the restoration of lands in cases involving servitude. The petitioners explained that as a way to evade the law’s enforcement, landholders and estate owners or latifundistas have expelled several captive families from the haciendas with no recognition of their rights and with the result that they are unable to recover their ancestral lands. In the view of the petitioners, this situation seriously threatens the continuity of the legal process; thus they requested that the IACHR require the State to adopt measures to protect these families and that the Commission conduct a visit to Bolivia to verify and follow up on the situation being denounced. For its part, the State of Bolivia offered an overview of the measures adopted by the current government to eliminate the situation of servitude and forced labor, and recognized the gravity of the situation explained by the petitioners, indicating that some municipal and regional authorities have even been linked to the expulsion of Guaraní families from the haciendas and are creating obstacles to the process of restoring land ownership. Both parties concurred in expressing concern about the threats to life and personal integrity made by the latifundistas and regional officials against the leaders of the captive communities and State officials responsible for implementing the recovery and expropriation of lands. The State agreed to an eventual visit so that the Commission can help resolve this problematic situation.
As a result of this hearing, on March 11, 2008, the parties signed a memorandum of commitment in which they agreed that the State would adopt protection measures to ensure the integrity of captive families and their leaders and advisers; periodically provide information to the IACHR on the measures adopted and progress made; and adopt any necessary measures to ensure that the National Agrarian Tribunal will expeditiously resolve any actions related to the Guaraní process.
Media Consolidation and Freedom of Expression in Mexico
Audio Video
The hearing on media consolidation and freedom of expression in Mexico was requested by the Asociación Mexicana de Derecho a la Información (Mexican Right-to-Information Association) and the Mexican Commission for the Defense and Promotion of Human Rights (CMDPDH) and attended as well by representatives of the State of Mexico. The organizations argued that violence against members of the media continues and said it is important that the Office of the Rapporteur for Freedom of Expression conduct a visit to the country. They noted that since the decision of the Mexican Supreme Court of Justice declaring some articles of the Federal Radio and Television Law unconstitutional, no progress has been made in approving a new law. They also proposed a discussion on to what extent corporate freedom could affect the right to information, offering as an example the case of journalist Carmen Aristegui. For their part, the representatives of the State said they were awaiting a response to be able to organize a visit by the Office of the Rapporteur in May. They noted legislative progress with the decriminalization at the federal level of the crime of defamation and slander, and argued that violence against journalists is linked to organized crime. They indicated that the decision of the Supreme Court of Justice and its recommendations to modify the Federal Radio and Television Law requires a process of debate, which has already begun in the Mexican Congress but that will take time. The petitioners asked that the IACHR to issue criteria on the boundaries between corporate freedom and society’s right to information and that it follow up on legislative modifications on the licensing of radioelectric frequencies. They also requested that the State seek to facilitate discussions to approve this law.
Human Rights of Migrant Workers in Transit in Mexico
Audio Video
Participants in the hearing included the International Federation of Human Rights (FIDH), the Nicaraguan Center for Human Rights, and the Chiapas House of the Migrant (Casa del Migrante de Chiapas). During the hearing, two reports were presented: Estados Unidos-México: Muros, Abusos y Muertos en las Fronteras, Violaciones flagrantes de los derechos de los migrantes indocumentados en camino a Estados Unidos (“United States-Mexico: Walls, Abuses and the Dead on the Borders, Flagrant violations of the rights of undocumented migrants en route to the United States”) and La Crisis de Derechos Humanos en la Frontera Sur de México (“The human rights crisis on the southern border of Mexico”). The organizations alleged that migrants who pass through Mexico in transit to the United States suffer abuses and violations of their rights. They indicated that these abuses are perpetrated by agents of immigration services, police forces, and criminal gangs that are increasingly more organized and violent. They also indicated that these acts, which are known by authorities, are not investigated and remain unpunished. For its part, the State presented information on the institutions that are available to provide assistance to migrants and train immigration officials. The State also indicated that it is in the process of reforming the legal framework, which is considered obsolete.
Human Rights Situation of Women in Chiapas, Mexico
Audio Video
The thematic hearing requested by the organizations Colectivo Feminista Mercedes Olvera (COFEMO) and the Center for Justice and International Law (CEJIL) addressed the human rights situation of women in Chiapas in a context they describe as characterized by violence against women, particularly indigenous women—a situation aggravated by the growing presence of the military in the area. They indicated, for example, that in Chiapas a woman is killed every day, and that most of these murders go unpunished. They noted that women, especially indigenous and rural women, are denied access to land and to health-care services, education, and justice, added to which is the growing criminalization of actions by organizations and individuals that defend women’s rights. The organizations asked the IACHR that the Rapporteurship on the Rights of Women visit Chiapas to verify the violation of women’s human rights and issue recommendations.
The Organic Law for Military and Police Justice in Peru
Audio Video
The petitioners contended that the recent enactment of the Law of Organization and Duties of Military Police Courts had taken place in a context of regressive human rights laws and goes against the Constitutional Tribunal’s jurisprudence in this matter. They held that under this law, the military justice in place in Peru does not adequately ensure that a competent, independent, and impartial judge will be guaranteed, since it authorizes active-duty officials to carry out the duties of judges or military police prosecutors and establishes that the appointment of military judges falls under the responsibility of the executive branch and not the autonomous constitutional entity authorized for that purpose. In that regard, the petitioners asked the Commission to recommend that the State reform the law and to prepare a thematic report on this issue. For its part, the State argued that the law does not imply a failure to comply with the decisions of the Inter-American Court or the Constitutional Tribunal. The State further said that the referenced legislation did not imply a violation of the guarantee to a competent, independent, and impartial judge, given that the law establishes that military judges are not dependent on or subordinate to their superiors in rank; that there is a guarantee of non-reassignment and adequate regulation governing promotions; and that military judges may not prosecute civilians.
Follow-up on Recommendations of the Truth and Reconciliation Commission of Peru
Audio Video
The petitioners presented follow-up information on reparations, prosecution of cases, and institutional reforms. In terms of individual and collective reparations, the petitioners expressed several concerns, particularly regarding the process of prioritizing affected communities, the scant participation of the State in symbolic reparations, and the need for the Council on Reparations to have an adequate budget, among other concerns. They indicated that there are insufficient resources for investigations and judicial proceedings; that the military courts refuse to provide information; and that there are human rights cases being handled by the military justice system. The petitioners further indicated that it is necessary to implement a system of protection for human rights defenders, victims and witnesses; reform legislation to broaden the concept of sexual violence; adopt a national plan for forensic anthropological investigation; adapt legislation on the state of exception to bring it in line with international standards; and regulate the use of the armed forces in situations involving internal order, among other concerns. For its part, the State indicated that important advances had been made in the area of reparations, especially in terms of the creation and composition of the National Reparations Council, which had been provided with a budget.
Right to Education of Members of Afro-Descendent and Indigenous Communities in the Americas
Audio Video
The Robert F. Kennedy Memorial Center for Human Rights, the University of Virginia Law School, and Cornell University Law School presented the findings and conclusions of a report on the right to education for indigenous peoples and Afro-descendent communities, especially in Colombia, Guatemala, and the Dominican Republic. The report addresses States’ obligations to fulfill the right to education without discrimination and employs the Commission’s Guidelines for the Preparation of Progress Indicators in the Area of Economic, Social, and Cultural Rights. The study finds that 33.4 percent of Colombia’s indigenous population and 31.3 percent of its Afro-Colombian population are illiterate. Specific information about the situation in Guatemala and the Dominican Republic was also presented.
General Human Rights Situation in Colombia
Audio
At the request of the Colombian Commission of Jurists, the Interdisciplinary Human Rights Group (Grupo Interdisciplinario de Derechos Humanos), and REINICIAR Corporation, a hearing was held, without the participation of the State, in which the petitioners informed the IACHR about the situation of human rights defenders; the situation of victims who participate in procedures related to Law 975-05 (Justice and Peace Law); the situation regarding paramilitaries; and kidnappings, extrajudicial executions, and the right to life. The petitioners asked the IACHR to conduct a visit to the country in order to prepare a report on the human rights situation that includes recommendations to the State on overcoming circumstances that limit the full exercise of the rights and freedoms recognized in the American Convention.
Human Rights Situation of Displaced Afro-Colombians
Audio
At the request of the organizations Afrocolombianos Desplazados (AFRODES, Displaced Afro-Colombians) and Global Rights, and with the participation of the Colombian State, a hearing was held in which the IACHR was given information about the human rights situation of displaced Afro-Colombian communities. The petitioners presented a report prepared by AFRODES with technical support from Global Rights, in order to provide information that would complement the visit to Colombia conducted in May 2007 by the Special Rapporteur on the Rights of Afro-Descendents and against Racial Discrimination. The report presents recommendations to the Colombian State and the international community designed to overcome the exclusion of Afro-Colombians. The petitioners asked the IACHR to require the State to design a plan of action to promote, and protect human rights and prevent infractions of international humanitarian law; to effectively guarantee the right of Afro-descendent communities to be consulted; to ensure sufficient resources to carry out the National Development Plan 2006-2010; to complete the development of Law 70 regulations; and to enact a law on discrimination that establishes criminal and disciplinary sanctions. The State underscored the efforts made by petitioners in the preparation of the report and talked about efforts the government of Colombia had made as part of the National Development Plan, the draft law on discrimination, and the National Action Plan.
Murder of Women in El Salvador
Audio
The IACHR received information about murders of women in El Salvador, during a hearing requested by the Organization of Salvadoran Women for Peace (Organización de Mujeres Salvadoreñas por la Paz, ORMUSA), the Women’s Association for Dignity and Life (Asociación de Mujeres por la Dignidad y la Vida, Las Dignas), the Mélida Anaya Women’s Movement (Movimiento de Mujeres Mélida Anaya Montes, Las Mélidas), and the Center for Justice and International Law (CEJIL), with the presence of representatives of the State. Those requesting the hearing presented the results of investigations that indicate that the number of murders of women has increased in the last years, and that the State’s response to these incidents has been insufficient. They indicated that the State authorities reject these cases and minimize the problem of violence against women, therefore creating a climate of impunity. They also emphasized that violence against women cannot continue to be framed within the context of the existing violence in El Salvador, and that the legislation related to domestic violence is insufficient to address this problem. They noted some of the gaps in the law against domestic violence, such as the lack of integrated care for women victims of gender violence, who are afforded no protection under the law; the impunity of the aggressors; and the lack of prevention policies in this matter. The State indicated that it will take note of the considerations identified regarding the murder of women in El Salvador. They also stated that there is a national policy on women in El Salvador which is based on major international human rights instruments. The State mentioned the Salvadoran Institute for Women’s Development (Instituto Salvadoreño para el Desarrollo de la Mujer, ISDEMU), which has programs to promote women in society and to help eradicate domestic violence. Finally, they took note of the questions posed by the Commissioners and agreed to provide written responses within three weeks.
Administration of Justice in El Salvador
Audio
Several Salvadoran human rights organizations argued that the impunity that prevails with respect to the grave human rights violations committed during the armed conflict that took place in El Salvador from 1980 to 1992 continues to adversely affect and inflict suffering on hundreds of families. They contended that the failure to comply with the stipulations of the Truth Commission and the Peace Accords is directly linked to the high levels of violence today. They argued that citizens do not find their judiciary to be an independent and trustworthy actor that responds to denounced claims about events that occurred during the armed conflict. For its part, the State argued that the amnesty law allowed for the reestablishment of democracy and that subsequent institutional reforms have brought about a steadfast and lasting peace. The State said it has undertaken penal reforms and reforms of the judicial system, including the training of justice system actors in the application of the American Convention in handing down their decisions, and the adoption of concrete measures to comply with the judgments of the Inter-American Court of Human Rights.
Administration of Justice in Nicaragua
Audio
The petitioners said that Nicaragua’s system of administration of justice does not guarantee a respect for citizens’ human rights and that the deterioration of the judiciary has worsened due to trafficking in influence, political favoritism, and traditional corruption. They explained that the highest-level judicial authorities are chosen for their political affiliation and not by virtue of their merits or suitability. They added that the justice system is employed to protect those who are in power and to persecute human rights defenders and political adversaries. The State shared some of the concerns expressed by the petitioners; however, it emphasized that membership in a political party should not be seen as a factor that excludes participation in the country’s institutions, and insisted that the executive branch does not interfere in the decisions of the judiciary.
B. Hearings on Individual Petitions and Cases
This period of sessions included hearings on cases and petitions, which are detailed as follows in the order in which they were held. Links are included to audio recordings and videos in the case of those that were filmed.
Petition 478/05 – Victims of Anti-Immigrant Activities and Vigilante Violence in Southern Arizona, United States of America
Audio Video
The IACHR held a hearing on the admissibility of the aforementioned petition at the request of the petitioners, the Border Action Network and the Indigenous Peoples Law and Police Program of the University of Arizona, Rogers College of Law. During the hearing, the parties presented their arguments regarding the admissibility of the petition. This petition refers to incidents of alleged “immigrant abuse” related to violent or intimidating criminal action in southern Cochise County, Arizona, where numerous quasi-paramilitary forces have allegedly patrolled the border with firearms, dressed in camouflage fatigues or other clothing bearing law enforcement insignia. The petitioners argued that there is overall negligence in preventing anti-immigrant abuse in southern Arizona and subsequent failure to prosecute, resulting in the denial of access to remedies under domestic law, as well as ineffectiveness of the domestic remedies. Therefore, the petitioners argued that the petition presents an exception to the rule of exhaustion of domestic remedies. In response, the State argued that the petition is inadmissible due to failure to exhaust domestic remedies and, alternatively, because the facts do not tend to establish violations of the American Declaration. The State asserted that the domestic judicial system is effective, and provides several avenues for redress to prevent and provide accountability for human rights violations. The State added that criminal prosecutions and civil litigation concerning this kind of activities on the border are ongoing.
Case 12.644 - José Medellín Rojas (PC 317/06), Rubén Ramírez Cárdenas (PC 328/06), and Humberto Leal García (PC 348/06), United States of America
Audio Video
The IACHR held a hearing on the admissibility and the merits of Case 12.644 at the request of the Center for International Human Rights. The alleged victims in this case are all Mexican nationals currently on death row in Texas, who were all also among the Mexican nationals named in the International Court of Justice (ICJ) judgment Avena and Other Mexican Nationals (Mexico v. United States of America. Judgment of 31 March 2004). The petitioners focused their arguments on the merits of the case, especially due process violations which are related to the violations found by the ICJ of Article 36 of the Vienna Convention on Consular Relations and non-compliance with the Avena judgment, as well as the resulting poor legal representation granted to the alleged victims. Also, the petitioners questioned the compatibility of the clemency procedure in Texas with the due process guarantees enshrined in the American Declaration on Human Rights. For its part, the State focused its arguments on the admissibility requirements, arguing that the case is inadmissible. According to the State, this case presents two issues that are currently pending before the Supreme Court in the context of cases Medellin v. Texas and Baze v. Kentucky. Decisions are supposedly expected by mid-2008; therefore, the State stressed that domestic remedies with respect to the issues raised in the petition have not been exhausted.
Case 12.459—Lysias Fleury, Haiti
Audio
In this hearing, the Commission heard direct testimony from the alleged victim and one witness in connection with events which took place in 2002 in which Lysias Fleury, a Haitian human rights defender who was working with the Commission Episcopale Nationale Justice et Paix (National Episcopal Justice and Peace Commission), was allegedly subject to arbitrary arrest, detention, and acts of cruel and unusual punishment at the hands of the Haitian National Police. Mr. Fleury sought a response from the State regarding the alleged lack of action on its part as to his demands to hold accountable the presumed perpetrators responsible for the alleged abuses against him, and the State’s alleged failure to take steps to protect his life and the lives of his family members. On February 26, 2004, the Commission declared the petition admissible through its Report Nº 20/04. The petition is currently in the merits phase.
Petition 1345/05—Professors of Chañaral, Chile
Audio Video
The violations alleged by the petitioners relate to the express refusal of the municipality of Chañaral to comply with a judicial decision ordering back payments of pension benefits owed to professors. The petitioners indicated that no remedy exists that would allow them to collect from the municipality. The State contended that the petitioners have not exhausted internal remedies in this case; that the municipality of Chañaral initiated an action against the Chilean treasury to address the payment of what is owed; that three partial payments have been made; and that in December 2007 an agreement was signed between the municipality of Chañaral and the professors in which the municipality pledged to pay 350 million pesos on March 15, 2008. The State further indicated that the nature of the aforementioned debt did not have to do with back payments of pension benefits, but with a difference in remuneration.
Case 12.542—Employees of “Fertilizantes de Centroamérica” (FERTICA, Fertilizers of Central America), Costa Rica
Audio
In Auduts 2003, the IACHR received a petition related to a dismissal action against workers for the FERTICA company, including those affiliated with the union. On March 2, 2006, the IACHR issued Admissibility Report No. 21/06. During the hearing, held at the request of the Fundación para la Defensa de los Derechos Humanos en Centroamérica, FUNDEHUCA (Foundation for the Defense of Human Rights in Central America), presentations were heard by both parties on the current state of cases inside Costa Rica. During the hearing, the government of that country proposed beginning a friendly settlement process within the IACHR, a proposal that was accepted by the petitioners. The Commission requested that the respective proposals be formulated, that a schedule be agreed on for conducting negotiations, and that the IACHR be kept informed about all formal aspects of the negotiation.
Case 12.405—Vicente Grijalva Bueno, Ecuador
Audio
This hearing was held to address issues related to the merits of the case. On October 10, 2002, the IACHR approved Admissibility Report No. 68/02 based on a possible breach of the rights to a fair trial and judicial protection, recognized in Articles 8 and 25 of the American Convention with regard to the obligation to respect rights and guarantees recognized in Article 1.1 of the same instrument.
Cases 12.597—Miguel Camba Campos et al. (Judges of the Constitutional Tribunal) and 12.600—Hugo Quintana Coello et al. (Judges of the Supreme Court), Ecuador
Audio
This hearing considered issues on the merits of the case involving the firing of the members of the Constitutional Tribunal by the National Congress on November 25, 2004—which was was done, according to the petitioners, without following the process established by the law—and the destitution of 31 magistrates of the Supreme Court of Ecuador on December 8, 2004, through Parliamentary Resolution No. 25-181. The petitioners indicate that according to Ecuador’s constitutional legislation, Supreme Court magistrates serve for unlimited terms. For its part, the State indicated that these were not lifetime posts under constitutional legislation but rather expired in 2003, and that what took place was a “cessation of functions.” The State also indicated that the Commission may not review countries’ internal decisions and thus may not consider these cases. The IACHR approved Admissibility Report No. 08/07 on the petition of Hugo Quintanilla Coello et al. on February 27, 2007.
Cases “Comuna 13”, 12.596—Luz Dary Ospina Bastidas; 12.595—Myriam Eugenia Rúa Figueroa; and 12.621—Teresa Yarce, Mery Naranjo and Socorro Mosquera, Colombia
Audio
At the request of the Interdisciplinary Human Rights Group (Grupo Interdisciplinario de Derechos Humanos), a hearing was held to receive the testimony of Mery del Socorro Naranjo, a witness in all three referenced cases. Mrs. Naranjo offered testimony on the facts regarding the context in which the alleged forced displacement of the surviving victims of these cases was carried out, and the circumstances surrounding the death of Mrs. Ana Teresa Yarce. The cases refer to the alleged responsibility of the State of Colombia for purported human rights violations against female social leaders and leaders of women’s organizations that occurred in 2002 in Comuna 13, in the city of Medellín, department of Antioquia. The State, for its part, questioned the witness on the purpose of her testimony. The IACHR in 2007 approved Admissibility Reports No. 3/07, 4/07, and 46/07 regarding these three petitions.
III. WORKING MEETINGS
During the 131st period of sessions, 33 working meetings were held on petitions, cases, and precautionary measures from Argentina, Belize, Bolivia, Chile, Colombia, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Paraguay, Peru, and Venezuela. In several of the meetings, progress was made in the friendly settlement phase. The Commission values the willingness shown by the parties in several of the cases to continue moving forward toward a friendly settlement agreement, and encourages continuing efforts to bring positions closer together and reach consensus.
The following were the working meetings held during this period of sessions, in the order in which they took place:
• Petition 304/06—Retirees of the Ministry of Education, Venezuela
• Petition 667/2002—Retirees of “Venezolana Internacional de Aviación” (VIASA), Venezuela
• Case 12.534—Andrea Mortlock, United States
• Precautionary Measure 219/06—Marta Cecilia Díaz and María Paz Mancilla, Colombia
• Precautionary Measure 199/06—Agricultural Workers Cooperative of Blanquicet (Cooperativa de Trabajadores Agropecuarios de Blanquicet, COTRAGROBLAN), Colombia
• Precautionary Measure 180/01—Embera Katío of Alto Sinú, Colombia
• Case 12.491—Gustavo Sastoque Alonso, Colombia
• Precautionary Measure 3/02—REINICIAR Corporation, Colombia
• Petition 161/02—Paulina Ramírez Jacinto, Mexico
• Follow-up of IACHR visit to Oaxaca, Mexico
• Case 12.287—Cruz Ávila Mondragón, Mexico
• Case 11.565—González Pérez Sisters, Mexico
• Case 12.627—MG, Mexico
• Case 10.488—Ignacio Ellacuría et al. (Jesuits), El Salvador
• Precautionary Measure 114/06—Tulam Tazu (sacred Maya site), Guatemala
• Petition 1139/04—Massacre in the Village of Los Josefinos, Guatemala
• Case 12.564—Alejandro Fiallos, Nicaragua
• Case 12.350—MZ, Bolivia
• Precautionary Measure 48/05—“Tacana” Indigenous Community of Miraflores and Members of the Center for Juridical Studies and Social Investigation, Bolivia
• Case 12.094—Lhaka Honhat Aboriginal Communities, Argentina
• Petition 828/01—Posadas et al., Argentina
• Case 11.670—Menéndez, Caride et al. (Argentina)
• Precautionary Measures 710/03 and 277/07— Patients of the Neuropsychiatric Hospital, Paraguay
• Case 12.330—Marcelino Gómez Paredes and Cristián Ariel Núñez, Paraguay
• Friendly settlement agreements with the State of Peru and unconfirmed judges, Peru
• Case 12.191—María Mamérita Mestanza, Peru
• Precautionary Measure 271/05— Community of La Oroya, Peru
• Case 12.041—MM, Peru
• Precautionary Measure 91/06—Tagaeri and Taromenani Indigenous Peoples in Voluntary Isolation, Ecuador
• Petition 490/03—TA, Chile
• Case 12.576—Pascual Pichún and Aniceto Norin Catriman and Case 12.611—Patricio Marileo Saravia et al., Chile
IV. RAPPORTEURSHIPS AND THEMATIC AREAS
This section contains a brief summary of some of the main activities carried out by the IACHR through its Special Rapporteurships and thematic areas since its regular sessions in October.
A. Rapporteurship on the Rights of Afro-Descendents and against Racial Discrimination
The Rapporteurship has continued to advise the OAS Working Group charged with preparing an Inter-American Convention against Racism and All Forms of Discrimination and Intolerance. The Inter-American Commission has also followed this issue closely through thematic hearings and through its system of petitions and individual cases. In addition, the Rapporteurship has continued to collaborate in the evaluation of petitions and requests for precautionary measures received by the Commission that are related to the rights of Afro-descendents and to non-discrimination. During the 131st period of sessions, hearings were held on the state of discrimination against people of African descent in the Americas in the work and educational environment and in access to justice; on the human rights situation of displaced Afro-Colombians; and on the right to education of Afro-descendents and members of indigenous communities in the Americas. The Rapporteur will continue to be Commissioner Sir Clare K. Roberts.
B. Rapporteurship on the Rights of Women
The Rapporteurship on the Rights of Women has undertaken activities that address the problems of discrimination and violence against women as critical barriers standing in the way of the effective protection and guarantee of their rights. One of these activities is the preparation of specialized recommendations designed for the OAS Member States in the area of discrimination against women in the exercise of their civil, political, economic, and social rights. The Rapporteurship has also continued its follow-up of compliance with the recommendations contained in its thematic report on Access to Justice for Women Victims of Violence in the Americas and with precedents in the inter-American human rights system. This has been accomplished through working visits to countries such as Haiti and Chile, and the subsequent publication of reports. The Rapporteurship has also continued to offer technical support to the attorneys of the Executive Secretariat in processing individual petitions and precautionary measures that have to do with the rights of women.
During the 131st period of sessions, hearings were held on women’s access to systems for the administration of justice in the Americas; on the rights of women in Chiapas, Mexico; and on the murder of women in El Salvador. Beginning with these sessions, the Rapporteur is Commissioner Luz Patricia Mejía.
C. Rapporteurship on the Rights of Indigenous Peoples
The Rapporteurship has continued to advise the Chairman of the Working Group charged with preparing the Draft American Declaration on the Rights of Indigenous Peoples. As part of the process of negotiations in the quest for consensus on this draft declaration, the Rapporteurship participated in the Working Group’s “session of reflection” held at OAS headquarters from November 26 to 28, 2007. The Rapporteurship reiterates its recognition of efforts being undertaken by the OAS Member States and representatives of the hemisphere’s indigenous peoples in the process of negotiating the draft. Nevertheless, the Commission urges the OAS Member States to maximize their efforts to approve the American Declaration on the Rights of Indigenous Peoples and again urges the States to consider the United Nations Declaration on the Rights of Indigenous Peoples as the minimum standard in discussing and reflecting on the inter-American draft.
On February 4, 2008, the Rapporteurship participated in private hearings to follow up on compliance with the judgments of the Inter-American Court of Human Rights in the Case of the Yakye Axa Indigenous Community v. Paraguay and the Case of the Sawhoyamaxa Indigenous Community v. Paraguay, at the Court’s headquarters in San José, Costa Rica. In addition, as part of its promotion activities in the area of human rights and indigenous peoples, the Rapportership participated, along with indigenous women from around the hemisphere, in a workshop on “Research Benefiting the Rights of Indigenous Women in Latin America,” held in Panama City from November 21 to 23, 2007.
With the aim of strengthening the promotion and defense of the rights of indigenous peoples, on November 1, 2007, the IACHR published the announcement of a competition to contract a specialist in human rights and indigenous law to work in the Rapporteurship. Likewise, on December 10, 2007, it announced the implementation for the fifth time of a scholarship for indigenous attorneys to participate in a one-year professional practicum, which will begin on April 1, 2008, at IACHR headquarters.
The IACHR has continued to receive information on indigenous peoples adversely affected by third parties in their ancestral lands, as well as the situation of indigenous peoples in voluntary isolation. The Rapporteurship makes a special appeal to the OAS Member States to recognize and respect the right of indigenous peoples to their cultural identity, lands, territory, and natural resources, which is rooted in their close relationship with their ancestral territories—not simply because these are their principal means of subsistence, but also because they constitute an essential element of their worldview that is fundamental to their survival as a people.
The Rapporteurship on the Rights of Indigenous Peoples continued to provide support, within the system of individual cases and precautionary measures, in petitions and requests involving the rights of indigenous peoples or members of their communities. During the 131st period of sessions, reports referring to the rights of indigenous peoples were approved, working meetings were held with indigenous organizations and petitioners, and hearings were held on issues such as the situation of captive communities in Bolivia, the situation of human rights defenders of the Mapuche people in Chile and the right to education for Afro-descendents and indigenous communities of the Americas. Beginning with these sessions, the Rapporteur is Commissioner Víctor Abramovich.
D. Rapporteurship on the Rights of the Child
The Rapporteur is currently involved in preparing the Thematic Report on the Phenomenon of “Maras” (gangs) in Central America. To this end, it requested information from the States of El Salvador, Guatemala and Honduras and from civil society organizations in these countries. By the deadline given for presenting the information, the IACHR had received a response only from the government of Honduras and some civil society organizations. In addition, the Rapporteurship made a presentation as part of the working meeting organized by the OAS Committee on Hemispheric Security on the issue of gangs, which was held on January 18. The Rapporteurship team attended the presentation of the book Street Gangs in Central America on January 29.
The Rapporteurship has also continued its work of analyzing and evaluating petitions, cases, and requests for precautionary measures before the IACHR on this issue. As part of this effort, three reports on admissibility were prepared. These have to do with alleged human rights violations related to the following issues: illegal adoptions in Guatemala; the rights to identity in Costa Rica; and due process regarding the right to life of infants. The Rapporteurship evaluated and offered concrete proposals regarding the precautionary measures issued to protect Guatemalan boys and girls against illegal adoptions.
In order to continue moving forward in its analysis and evaluation of the situation of children in conflict with the law, the Rapporteurship has modified the questionnaire on juvenile criminal justice that it plans to send to the States for the purpose of gathering information to prepare a thematic report on juvenile criminal justice in the Americas.
On another matter, it is worth noting that on February 26, Rapporteur Paulo Sérgio Pinheiro visited Jamaica, at the invitation of that country’s parliament, to make a presentation to the Jamaican legislature on the rights of boys and girls. Meanwhile, a delegation of the Executive Secretariat attended the Subregional Conference on the Culture of Peace and Prevention of Juvenile Violence, sponsored by the OAS and held November 15 and 16 in the city of San José, Costa Rica. From November 20 to 21, a delegation of the Executive Secretariat participated in the XII Annual Meeting of the Ibero-American Federation of Ombudspersons (FIO), held in Lima, Peru. In December and January, a delegation of the Executive Secretariat participated in working meetings organized by the OAS Committee on Juridical and Political Affairs on the Draft Inter-American Program for a Universal Civil Registry and “The Right to Identity.”
During this period, the Rapporteurship was also involved in working on the content and design of its Internet site.
On December 17, a Cooperation Agreement was signed between the IACHR and the nongovernmental organization Save the Children Sweden, which aims to strengthen the Rapporteurship’s activities in defending children in the hemisphere.
E. Rapporteurship on Migrant Workers and Members of their Families
Commissioner Florentín Meléndez, the then-Rapporteur on the Rights of Migrant Workers and Members of their Families, participated as a speaker in the VII Andean Regional Human Rights Course, held in November 2007 in Lima, Peru, on the subject of “The Human Rights of Migrant Men and Women in the Andean Region.” Beginning with the 131st period of sessions, the Rapporteur is Commissioner Felipe González.
Within the Executive Secretariat, the Rapporteurship supported the installation of the Special Committee on Migration Issues created by the OAS Permanent Council, to which it has also provided guidance. It has also continued its efforts to collaborate in the evaluation of petitions and requests for precautionary measures received in the Commission involving migrant workers. During the 131st period of sessions, hearings were held on a petition that refers to victims of anti-immigrant violence in southern Arizona, in the United States; on the application of the 2004 Migration Law in the Dominican Republic; and on the human rights of migrant workers in transit in Mexico.
F. Rapporteurship on the Rights of Persons Deprived of Liberty
As a follow-up to the Institutional Cooperation Agreement signed with the Minister of Justice and Human Rights and with the General Defender of the Public Defense Ministry of the Republic of Argentina, a Latin American seminar on “Best Prison Practices” was held November 12-16, 2007, in the city of Buenos Aires. Participants included government officials from the prison systems of Argentina, Brazil, Bolivia, Colombia, Dominican Republic, Costa Rica, Chile, El Salvador, Guatemala, Honduras, Mexico, Panama, Paraguay, Peru, Uruguay and Venezuela, as well as representatives of local and international NGOs, universities, experts, the International Committee of the Red Cross and the United Nations. The Rapporteurship is currently working on the publication of a report on this seminar.
During the 131st period of sessions, hearings were held on violations of human rights in Panamanian prisons; on the situation of prisons in the Americas; and on a case involving persons sentenced to death in the United States. The Rapporteur is Commissioner Florentín Meléndez.
G. Office of the Special Rapporteur for Freedom of Expression
The Office of the Special Rapporteur has continued to work on the promotion and defense of the right to free thought and expression through visits to countries; workshops for journalists and members of the media; public statements on cases involving violations of these rights; participation in seminars and academic activities; daily monitoring of the status of freedom of expression in each country; and the preparation of draft reports on admissibility and merits in individual cases in which it is alleged that the State has violated the right to freedom of expression. It has also supported the IACHR in cases involving freedom of expression that have been presented to the Inter-American Court.
From November 29 to 30, 2007, specialist Alejandra Gonza of the Office of the Rapporteur participated in and made a presentation at the international seminar on “Alert Systems and Methodology for Documenting and Following Up on Aggressions against Journalists and the Communications Media in Mexico,” held in Mexico City and organized by various groups.
The Special Rapporteur for Freedom of Expression, Ignacio J. Alvarez, and specialist Alejandra Gonza attended a meeting to prepare the 2007 Joint Declaration of the Special Rapporteurs for Freedom of Expression, organized by Article 19, the Institute for Information Law of the University of Amsterdam, and the Global Campaign for Free Expression. At that time, the Special Rapporteur and the Rapporteurs for Freedom of Expression of the United Nations, Europe and Africa signed a joint declaration on the need to promote diversity in access to the communications media, particularly with regard to electronic media such as radio and television.
From February 11 to 14, 2008, the Special Rapporteur conducted a working visit to Honduras, where he met with representatives of the State, journalist organizations and media outlets, as well as with members of nongovernmental organizations, to learn about the state of freedom of expression in that country. At the conclusion of the visit, the Office of the Special Rapporteur issued a press release with its conclusions and recommendations. The Office of the Special Rapporteur also held a workshop in Honduras on February 14, 2008, to train journalists, attorneys and members of nongovernmental organizations on the use of the inter-American system for the promotion and protection of human rights, in particular for the defense of the right to freedom of expression. The course, sponsored by Foreign Affairs and International Trade Canada, took place in Tegucigalpa.
In addition, the Office of the Rapporteur was one of the organizers of the Special Meeting on the Right to Freedom of Thought and Expression, held by the OAS Committee on Juridical and Political Affairs on February 28 and 29, 2008.
During the 131st period of sessions, the Office of the Special Rapporteur presented a special study on the status of investigations into cases in which journalists have been killed for reasons that may be related to freedom of expression. It also presented to the IACHR draft reports as part of a study on the state of freedom of expression in the region in the last decade; this includes 35 reports on the status of this right in each of the OAS Member States. Hearings were also held during these sessions on indirect restrictions to freedom of expression in Brazil and on the media consolidation and freedom of expression in Mexico.
In light of the expiration, at the end of March 2008, of the second year of Dr. Alvarez’s mandate, the IACHR announced a public competition to elect his successor. During the period in which the Office of the Rapporteur will be vacant, from April 1 until a new Special Rapporteur is selected, the Office of the Special Rapporteur for Freedom of Expression will be under the responsibility of the Chairman of the Commission.
H. Unit for Human Rights Defenders
The Unit for Human Rights Defenders has continued its efforts to advance individual petitions, cases and precautionary measures involving human rights defenders in the Americas. In this regard, it has been able to corroborate the persistence of threats and harassment of human rights defenders, such as attempts on their lives and personal integrity, arbitrary detentions, and cases in which they have been followed and watched, among other incidents. The Commission thus urges the States to effectively implement the recommendations contained in the “Report on the Situation of Human Rights Defenders in the Americas.”
V. WORK RELATED TO THE INTER-AMERICAN COURT
During its sessions, the IACHR considered the general status of cases and provisional measures it is litigating before the Inter-American Court of Human Rights, and analyzed developments in the Court’s jurisprudence. The Inter-American Commission has submitted 115 contentious cases to the Court. Of those, 11 are pending public hearings; 7 are pending decisions; 85 are in the phase of compliance with judgments, and 12 cases are closed. Additionally, there are 44 active provisional measures in place.
Since the previous regular sessions, the IACHR has submitted five new cases to the Court’s contentious jurisdiction:
• Cases 12.496, 12.497 and 12.498, Campo Algodonero: Claudia Ivette González, Esmeralda Herrera Monreal and Laura Berenice Ramos Monárrez v. Mexico. This case is based on the denial of justice in the disappearance and murders of Claudia Ivette González, Esmeralda Herrera Monreal and Laura Berenice Ramos Monárrez (two of whom are minors), in Ciudad Juárez, state of Chihuahua; the lack of prevention policies in these cases despite the state authorities’ awareness of a pattern of violence against women and girls in Chihuahua; the failure of authorities to respond to these disappearances; the lack of due diligence in the investigation of the murders; and the lack of adequate reparations to their family members. The IACHR filed the application on November 4, 2007.
• Case No. 12.565, María Cristina Reverón Trujillo v. Venezuela. The case involves the arbitrary dismissal of Mrs. María Cristina Reverón Trujillo from her post as Provisional Criminal Judge of Caracas on February 6, 2002, by the Judiciary Operations and Restructuring Commission, as well as the lack of effective judicial recourse to provide adequate reparations. The IACHR filed the application on November 9, 2007.
• Case No. 12.353, Arley Escher et al. v. Brazil. The case involves the illegal wiretapping and monitoring of the telephone lines of Arley José Escher, Dalton Luciano de Vargas, Delfino José Becker, Pedro Alves Cabral, Celso Aghinoni and Eduardo Aghinoni, members of the social organizations Associação Comunitaria de Trabalhadores Rurais (ADECON) and the Cooperativa Agrícola de Conciliação Avante Ltda. (COANA). These groups are associated with the Landless Rural Workers Movement, which promotes agrarian reform in the country. The interception and monitoring of phone calls was carried out between April and June 1999 by the Military Police of the state of Paraná. The case also has to do with the illegal broadcasting, through the public communications media, of several recordings made by the Paraná Military Police and turned over to judicial authorities of the same state, which included telephone conversations between the victims and those they represented. Finally, the case has to do with the denial of justice and adequate reparations for the victims. The IACHR filed the application on December 20, 2007.
• Case No. 12.478, Sétimo Garibaldi v. Brazil. In the Report No. 13/07 on Admissibility and Merits, the Commission established the responsibility of the State of Brazil for violating the right to life of Mr. Sétimo Garibaldi, and substantiated a series of omissions and the lack of due legal process in the investigation undertaken as a result of the murder. The police investigation was closed without the obstacles and mechanisms that maintained impunity in the case having been removed, and without sufficient judicial guarantees having been granted to prosecute the case or provide adequate reparations to the family members. Because Brazil accepted the Court’s contentious jurisdiction subsequent to the murder of Mr. Sétimo Garibaldi, the facts in the application, on which the IACHR bases its legal claims and consequent requests for reparation measures, refer to developments and omissions after the date of acceptance of the Court’s jurisdiction, in terms of the Brazilian State’s failure to comply with its duty to effectively and adequately investigate the homicide and with its obligation to provide adequate remedies to punish those responsible. The execution of Mr. Garibaldi took place on November 27, 1998, when a group of approximately twenty armed individuals carried out an operation to evict family members of landless workers who were occupying an hacienda located in the municipality of Querencia del Norte, in the state of Paraná. The IACHR filed the application on December 24, 2007.
• Case No. 12.507, Blanca Jeanette Kawas Fernández v. Honduras. The case involves the murder of environmentalist Blanca Jeanette Kawas Fernández, which took place on the night of February 6, 1995, in the city of Tela’s “El Centro” neighborhood; the subsequent lack of due diligence in the investigation and punishment of those responsible for her death; and in general, the obstruction of justice and the lack of adequate reparations of her next of kin. The IACHR filed the application on February 4, 2008.
Since October of last year, the Commission also participated in the LXXVII and LXXVIII regular periods of sessions of the Inter-American Court of Human Rights, held at the Court’s headquarters in San José, Costa Rica, and in the Court’s XXXI special period of sessions, held in Bogotá, Colombia. During these sessions, the Commission participated in hearings convened by the Inter-American Court on contentious cases, provisional measures, and compliance with judgments, specified as follows:
Hearings on contentious cases: Kimel (Argentina), Salvador Chiriboga (Ecuador), Heliodoro Portugal (Panama), Yvon Neptune (Haiti), Ruggeri et al. (Venezuela), Valle Jaramillo et al. (Colombia), and Castañeda Gutman (Mexico).
Hearings on provisional measures: Kankuamo Indigenous Community (Colombia), Caballero Delgado and Santana (Colombia), Álvarez et al. (Colombia), Peace Community of San José de Apartadó (Colombia), Pilar Noriega et al. (Mexico), and Jiguamiandó Community Council, and Families of Curbaradó (Colombia).
Hearings on compliance with judgments: Garrido and Baigorria (Argentina), Blake (Guatemala), Case of the “White Van” (Guatemala), Cantoral Benavides (Peru), Loayza Tamayo (Peru), Caballero Delgado and Santana (Colombia), Ricardo Canese (Paraguay), Juvenile Reeducation Institute (Paraguay), Yakye Axa Indigenous Community (Paraguay), and Sawhoyamaxa Indigenous Community (Paraguay).
VI. FINANCIAL CONTRIBUTIONS
The IACHR would especially like to express its appreciation for the significant financial support made by countries within and outside the region, as well as by foundations and other entities. These donations make it possible for the IACHR to carry out a great many of its activities related to the mandates issued by the OAS political bodies.
In particular, the IACHR appreciates the contributions made by the governments of the following OAS member countries: Brazil, Canada, Chile, Colombia, Mexico, Paraguay, the United States and Venezuela. It also would like to thank the observer countries that support the Commission’s activities: Denmark, Finland, France, Ireland, Italy, Korea, Spain, and Sweden. The Commission also welcomes and appreciates the contributions received from the Inter-American Development Bank, the European Commission, the University of Notre Dame, and the Save the Children Sweden foundation. These donations contribute in a concrete way to the strengthening of the inter-American human rights system in the Americas.
PRESS RELEASE
N° 11/08
IACHR HAILS VETO OF DEATH PENALTY IMPLEMENTATION IN GUATEMALA
Washington, D.C., March 27, 2008 — The Inter-American Commission on Human Rights (IACHR) expresses its great satisfaction over the presidential veto of legislation that would have allowed the death penalty to be reinstated in Guatemala.
On March 14, the President of Guatemala approved an executive order vetoing the law passed by the Congress that would have allowed death sentences to be carried out. The argument was that the process of implementing the death penalty was abolished by the National Legislative Assembly on May 11, 2000, and therefore it is not possible to reinstate the implementation of the penalty, even though it continues to exist in the country’s penal code. Thus, any provision that would reestablish the process of carrying out the death penalty in Guatemala would violate the American Convention on Human Rights. Article 4, paragraph 3, of the Convention indicates: “The death penalty shall not be reestablished in states that have abolished it.”
The Inter-American Commission values the fact that this veto was based on the obligation to respect the right to life enshrined in the Constitution of Guatemala and the American Convention on Human Rights.
Without prejudice to the veto, 25 individuals in Guatemala are currently facing death sentences. On March 25, the IACHR asked the Inter-American Court of Human Rights to adopt protection measures for these individuals, as well as for those who could be sentenced to death in the future. The IACHR requested these measures as long as the State of Guatemala does not resolve the incompatibility between the current regulation of the death penalty and the American Convention.
PRESS RELEASE
N° 12/08
IACHR APPROVES DOCUMENT ON PERSONS DEPRIVED OF LIBERTY
Washington, March 31, 2008 — The Inter-American Commission on Human Rights (IACHR) unanimously approved a document entitled “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas” through Resolution 01/08, adopted during its 131st Regular Period of Sessions.
The process of preparing these principles began in 2005, under the leadership of the Rapporteurship on the Rights of Persons Deprived of Liberty in the Americas, which is headed by Commissioner Florentín Meléndez. This process included several rounds of consultations with governments of the OAS Member States, experts, universities, international agencies, and national, regional, and international nongovernmental organizations. The IACHR thanks them for their contributions and collaboration in devising these principles.
The document is available on the IACHR Web page, in pdf format.
PRESS RELEASE
N° 13/08
IACHR TAKES CASE TO THE INTER-AMERICAN COURT
Washington, April 1, 2008 — The Inter-American Commission on Human Rights (IACHR) submitted a case to the Inter-American Court of Human Rights on March 15, 2008, against the United States of Mexico.
The IACHR filed the application with the Inter-American Court against Mexico in Petition No. 12.511, in the case of Rosendo Radilla Pacheco, who was illegally detained by an Army military patrol in the state of Guerrero on August 25, 1974. The case has to do with his forced disappearance since that time, the lack of clarification as to his whereabouts, the state of impunity surrounding the facts, and the lack of reparations to members of his family for damages incurred as a result of the loss of someone who was dear to them and the prolonged denial of justice. This is the first case the Commission has taken to the Court involving crimes of the past committed against individuals linked to social and political movements in Mexico.
In November 2001, Mexico’s Office of the Presidency created the Interdisciplinary Committee for Reparations of Damages of Victims or those Offended by Violations of the Human Rights of Individuals Linked to Social and Political Movements of the Past, which heard the case of Mr. Radilla Pacheco in March 2008. The case was sent to the Inter-American Court because the Commission believed that the State did not comply with substantive recommendations contained in the report on the merits approved by the IACHR in accordance with Article 50 of the American Convention on Human Rights. In making this decision, the Commission took into account the considerations established in Article 44 of its Rules of Procedure.
Useful Links
Admissibility report, Petition 12.511 (English)
PRESS RELEASE
N° 14/08
IACHR PRESENTS 2007 ANNUAL REPORT
Washington, April 4, 2008 — The Inter-American Commission on Human Rights (IACHR) releases its 2007 Annual Report today. The Chairman of the IACHR, Dr. Paolo Carozza, presented the report on Thursday to the Committee on Juridical and Political Affairs of the Organization of American States (OAS).
In his presentation of the report, Chairman Carozza said he values the sincere and open dialogue the IACHR maintains with the Member States and civil society regarding how best to strengthen the protection and promotion of human rights in the hemisphere. He added that the Commission looks forward to continuing that discussion, “in furtherance of our common duty to defend the human dignity of every person in our hemisphere.”
The report is composed of four chapters that summarize the activities carried out by the Commission and its Rapporteurships in 2007, and provides information about the petitions and cases processed and the precautionary measures granted in the course of the year. In addition, Chapter IV contains special sections on the human rights situation in Colombia, Cuba, Haiti, and Venezuela, countries the IACHR believed warranted special attention in 2007. This chapter includes the dissident votes of former Commissioner Freddy Gutiérrez Trejo with regard to Cuba and Haiti.
With respect to Colombia, the IACHR report notes with concern that there are holdouts within the paramilitary structures that have not demobilized, and that groups are taking up arms again and new groups are forming. It also expresses concern about the impact of violence on the civilian population, the growing number of reports of participation by members of public law enforcement in conduct that violates human rights, and the reported attacks against human rights defenders and social leaders.
With respect to Cuba, the IACHR report indicates that restrictions to political rights, freedom of expression, and dissemination of ideas; the absence of elections; and the lack of independence of the judiciary add up to a permanent violation of the fundamental rights of Cuban citizens.
With respect to Haiti, the IACHR expresses its concern over the degree of widespread impunity for human rights violations; the lack of effective protections for victims of these abuses; and extreme deficiencies in social and economic conditions that deprive the majority of the population of access to basic social services, including adequate shelter, potable water, health care, education, and employment.
With respect to Venezuela, the IACHR expresses concern over the hostile environment toward political dissent; criminalization of social protest; harassment of nongovernmental organizations and human rights defenders; the existence of direct and indirect obstacles to freedom of expression; the terrible conditions those who are incarcerated must endure; the questions surrounding the transparency of the administration of justice; and the increase in barometers of citizen insecurity. The report also expresses concern about “the silence of the State on the question of dates for a visit from the Commission or the Commission Rapporteur for Venezuela,” and reiterates the Commission’s interest in conducting a visit to that country.
Useful links
2007 Annual Report
Address by the Chairman of the IACHR, Dr. Paolo Carozza, during the presentation of the 2007 Annual Report to the Committee on Juridical and Political Affairs of the OAS (Transcript)
Audio recording of the April 3, 2008 session of the Committee On Juridical and Political Affairs of the OAS, where the Annual Reports of the Inter-American Court and Inter-American Commission on Human Rights were presented
2006 Annual Report
PRESS RELEASE
N° 15/08
IACHR EXPRESSES CONCERN ABOUT THREATS IN COLOMBIA
Washington, D.C., April 10, 2008 — The Inter-American Commission on Human Rights (IACHR) expresses its grave concern about recent threats made against human rights defenders and members of social organizations in Colombia.
The Commission has received information indicating that, as a result of the call for and participation in a demonstration held on March 6, social and human rights organizations have received death threats. In addition, several members of these groups were identified by their full names in the threats, which were signed by an alleged armed group operating outside the law that goes by the name “Águilas Negras”. These developments are taking place in a context of violence against human rights defenders in Colombia, in which several social leaders have been killed.
The IACHR regrets these developments and makes a special appeal to the Colombian State to urgently adopt all measures that may be necessary to safeguard human rights defenders and members of social organizations who have been threatened. The Commission also urges the State to investigate, prosecute, and punish those responsible for these threats and to guarantee the security of human rights defenders and social leaders.
Without prejudice to any protection measures that may be adopted under different programs run by State agencies in Colombia, the IACHR recommends that the government create opportunities for dialogue among its highest-level authorities and the organizations and individuals directly affected by the threats, in order to find urgent, specific, and appropriate ways to respond to the seriousness of these developments.
The Commission reiterates that the defense of human rights can be freely exercised only when the defenders of those rights are not victims of threats or acts of harassment. The Commission recognizes the essential role of human rights defenders in guaranteeing and safeguarding democracy and the rule of law. The IACHR supports the work of human rights defenders in Colombia.
PRESS RELEASE
N° 16/08
IACHR RELEASES REPORT ON VISIT TO HAITI
Washington, D.C., April 14, 2008 — The Inter-American Commission on Human Rights (IACHR) today publishes a report on its visit to the Republic of Haiti, with took place April 16-20, 2007, by invitation of the Government. The report contains the observations from a delegation of the IACHR that was led by Sir Clare K. Roberts, Commissioner and Rapporteur for Haiti, and comprised of staff members of the Executive Secretariat.
The report recognizes the efforts undertaken by the current Government of Haiti in several areas, such as public security and administration of justice. Among the encouraging achievements, the report mentions a reduction in violent crime registered since the beginning of 2007 as a consequence of efforts made by the Haitian National Police and MINUSTAH forces, and the courts. It also acknowledges the measures implemented by the Government to address longstanding issues in the administration of justice, such as prolonged pretrial detention in Haiti’s prison facilities.
“The Commission is encouraged by the state’s demonstrated efforts, adopted since early 2007, to exert control over once gang-ridden areas of Port-au-Prince, to ensure greater public security for Haitians and to apprehend, prosecute and punish suspected criminals. Nevertheless, the Commission considers that in order to ensure a climate of lasting peace and long-term stability and growth in the country, immediate and long-term measures must be taken by the government of Haiti, with the critical support of the international community,” the report says.
The report analyses the situation of the administration of justice, public security and the situation of women and children. The Commission recommends Haiti to adopt measures to improve public security and to promote the professional development of the Haitian National Police. It also recommends to develop and implement a national, comprehensive judicial reform program and to take urgent measures to improve the living conditions of persons deprived of liberty, among other recommendations.
The Commission expresses its appreciation to the Government and people of Haiti for the cooperation, facilities and hospitality provided in the course of the Commission’s visit, to the OAS country office in Haiti for its crucial assistance in organizing and executing the visit, and to the nongovernmental organizations, civil society institutions, and international organizations concerned for their valuable participation in the Commission’s activities.
The full report is available in the website of the IACHR, in English, French and Spanish
PRESS RELEASE
N° 17/08
IACHR DEPLORES SITUATION OF CAPTIVE COMMUNITIES IN BOLIVIA
Washington, April 25, 2008 — The Inter-American Commission on Human Rights (IACHR) deplores the fact that a large number of indigenous Guaraní families in Bolivia continue in a state of bondage analogous to slavery.
In a report on its November 2006 visit to Bolivia, the IACHR said it had received testimony indicating that in several regions of the Bolivian Chaco, there are families made of up individuals of all ages—including children and elderly adults—who are subject to abusive work schedules and in some cases are even threatened with corporal punishment. These families are paid in kind or with meager amounts of money, which generates a state of permanent, continuing indebtedness to estate owners for the provision of foodstuffs, clothing, and other products, a status that can end up lasting for life and even be passed on to successive generations.
The IACHR strongly reiterates that these practices violate international human rights law, in particular Article 6 of the American Convention on Human Rights, the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, and Article 8 of the International Covenant on Civil and Political Rights, all instruments to which Bolivia is party.
The Inter-American Commission recalls that the Bolivian State has the obligation to eradicate all situations of bondage and/or forced labor throughout its territory immediately and as a priority matter. As the IACHR recommended in the report on its visit to Bolivia, published on June 28, 2007, the State should “guarantee effective enforcement of the new law relating to agrarian reform, adopting the necessary measures to eliminate the obstacles…that have prevented access to land and territory for all sectors of Bolivian society. As part of this process, it is essential that the State bear in mind the particular relationship that indigenous peoples have with the land and that consequently, in the process of land titling, it must give priority to recognizing their ancestral lands and territories as essential for the survival of their cultural identity.”
The IACHR has also been made aware that acts of violence have been reported in areas adjacent to the lands that are in the process of being regularized. The Commission received information about acts of violence in which a number of people were injured on the night of April 13, 2008, in Cordillera Province, in the Department of Santa Cruz. The Commission was also informed that two journalists were physically attacked and held for hours, while leaders of the Guaraní People’s Assembly reported that they had received death threats.
The Inter-American Commission condemns these developments and reminds the State of Bolivia of its obligation to adopt the necessary measures to prevent them from being repeated and to investigate and punish those responsible, with strict respect for human rights.
The IACHR joins in the efforts being made by the Member States of the Organization of American States (OAS) and the Secretary General in calling on all sectors to engage in immediate dialogue in order to avoid situations of risk that could compromise democracy in Bolivia.
Useful links
IACHR Report on the November 2006 visit to Bolivia– Access to Justice and Social Inclusion: The Road towards strengthening democracy in Bolivia, published on June 28, 2007.
PRESS RELEASE
N° 18/08
IACHR TAKES CASE TO INTER-AMERICAN COURT
Washington, May 2, 2008 — The Inter-American Commission on Human Rights (IACHR) submitted a case to the Inter-American Court of Human Rights on April 1, 2008, against the Republic of Peru.
The IACHR filed the application with the Inter-American Court against Peru in Petition No. 12.357, Members of the Association of Discharged and Retired Staff of the Office of the Comptroller General of the Republic of Peru (CGR). The case involves the failure to enforce judgments of Peru’s Constitutional Court handed down on October 21, 1997, and January 26, 2001, which ordered the Office of the Comptroller General to pay members of the association the same salaries, bonuses, and benefits paid to active employees of that office who perform identical, similar, or equivalent functions to those performed by the discharged or retired staff members. These judgments apply to the 273 members of the CGR Association of Discharged and Retired Staff.
The State readjusted the victims’ pensions as of November 2002, but has yet to reinstate the pension amounts withheld from April 1993 to October 2002. The case was sent to the Inter-American Court because the Commission considered that the State failed to comply with substantive recommendations contained in the report on the merits approved by the IACHR in accordance with Article 50 of the American Convention on Human Rights. The Commission emphasized that failure to comply with judicial decisions not only affects judicial security but also violates the essential principles of the rule of law. In deciding to take this case to the Inter-American Court, the Commission took into account the considerations established in Article 44 of its Rules of Procedure.
Useful Links
Admissibility Report, Petition 12.357 in English
IACHR Web site
PRESS RELEASE
N° 19/08
IACHR CONDEMNS MURDERS IN HONDURAS
Washington, D.C., May 5, 2008 — The Inter-American Commission on Human Rights (IACHR) condemns the murders of Honduran union leaders Rosa Altagracia Fuentes and Virginia García de Sánchez and their driver, Juan Bautista Aceituno Estrada. Fuentes was secretary general of the Honduras Workers Confederation (Confederación de Trabajadores de Honduras) and second vice chair for the Central American Region of the recently created Union Confederation of Workers of the Americas (Confederación Sindical de Trabajadores de las Américas), while García de Sánchez was affiliated with the Union of Women Campesinas of Honduras (Unión de Mujeres Campesinas de Honduras).
According to information received by the IACHR, on April 24, 2008, gunmen dressed in black and wearing ski masks over their faces opened fire on the vehicle carrying the two union leaders and their driver. The information indicates that they were traveling from San Pedro Sula to Progreso for activities related to their union work.
The IACHR reiterates its recommendation to “implement, as a priority matter, a comprehensive policy of protection for human rights defenders” and to “adopt an effective and exhaustive strategy of prevention in order to prevent attacks against human rights defenders.” This recommendation was included in its Report on the Situation of Human Rights Defenders in the Americas, published in 2006, in which the IACHR determined that trade union leaders are among human rights defenders who are especially exposed to the infringement of their rights.
The IACHR urges the State of Honduras to conduct a thorough investigation and to punish those responsible for these murders. It also calls on the State to guarantee the life and physical integrity of those who struggle to bring about better labor or social conditions for working men and women.
PRESS RELEASE
N° 20/08
IACHR LAMENTS VIOLENT DEATHS IN HONDURAN PRISONS
Washington, May 8, 2008 — The Inter-American Commission on Human Rights (IACHR) deeply regrets the violent deaths of 27 inmates in two prisons in Honduras, and calls on the State to urgently adopt the necessary measures to prevent similar events from happening again, bearing in mind that this is not the first time such types of killings have taken place inside the country’s prisons.
According to the information received by the IACHR, on Saturday, April 26, 2008, nine individuals were killed and two injured in a violent confrontation among inmates of a prison in San Pedro Sula, a city in northern Honduras. The following Saturday, May 3, eighteen inmates died violently in a brawl at the National Penitentiary, located some 15 miles outside Tegucigalpa. Those killed belonged to a group of prisoners that authorities had transferred from the San Pedro Sula facility after the violence of April 26. Officials explained that the transfer of dozens of inmates was planned as a security measure, in order to avoid new uprisings in the San Pedro Sula prison.
The IACHR deeply regrets these events, expresses solidarity with the families of the inmates who were killed, and underscores that international law requires that the State of Honduras guarantee, first and foremost, the life and integrity of all prisoners. In this regard, the Commission views positively the statements made by President Manuel Zelaya, who announced on Sunday, May 4, that his government will adopt measures to prevent a repetition of such violent confrontations. The IACHR also recalls that the State has the obligation to conduct an exhaustive investigation of these acts and to prosecute and punish those responsible.
Moreover, the Commission underscores that State human rights obligations include the obligation to adopt all necessary measures to adequately address the current prison situation. In this regard, the IACHR calls on Honduran authorities to urgently take appropriate actions and measures to solve the structural problems affecting the country’s prisons. The Commission will closely follow the State’s initiatives in this area.
PRESS RELEASE
N° 21/08
IACHR EXPRESSES CONCERN ABOUT EXTRADITION OF COLOMBIAN PARAMILITARIES
Washington, D.C., May 14, 2008—The Inter-American Commission on Human Rights (IACHR) expresses its concern about the extradition of paramilitary leaders of the United Self-Defense Forces of Colombia (AUC), which seriously limits the ability to shed light on grave crimes perpetrated during the armed conflict in Colombia.
On Tuesday, May 13, the State of Colombia informed the Commission about the extradition to the United States of 14 paramilitary leaders, including Salvatore Macuso, “Jorge 40,” and “Don Berna,” to face trial on drug trafficking charges. The individuals who were extradited had applied for benefits under the Justice and Peace Law, designed to prosecute crimes committed against the civilian population by armed groups operating outside the law in Colombia.
The Commission notes that this extradition affects the Colombian State’s obligation to guarantee victims’ rights to truth, justice, and reparations for the crimes committed by the paramilitary groups. The extradition impedes the investigation and prosecution of such grave crimes through the avenues established by the Justice and Peace Law in Colombia and through the Colombian justice system’s regular criminal procedures. It also closes the door to the possibility that victims can participate directly in the search for truth about crimes committed during the conflict, and limits access to reparations for damages that were caused. This action also interferes with efforts to determine links between agents of the State and these paramilitary leaders.
The IACHR has closely followed the demobilization process in Colombia from the beginning, acting on a mandate from the Permanent Council of the Organization of American States (OAS) and on its authority under the American Convention on Human Rights. In this context, it has on numerous occasions underscored the importance that the State guarantee that victims of the armed conflict can exercise their right to truth, justice, and reparations.
Useful links:
Colombia section in Chapter IV in the 2007 IACHR Annual Report (April 2008)
Report on the implementation of the justice and peace law: Initial stages in the demobilization of the AUC and first judicial proceedings (October 2007)
Report on the demobilization process in Colombia (December 2004)
PRESS RELEASE
N° 22/08
IACHR DEPLORES VIOLENCE IN BOLIVIA AND URGES PUNISHMENT OF THOSE RESPONSIBLE
Washington, D.C., May 29, 2008 – The Inter-American Commission on Human Rights (IACHR) deplores the acts of violence that took place on Saturday, May 24, in Sucre, Bolivia, and urges the authorities to conduct a thorough investigation and punish those responsible.
According to information received by the IACHR, a group of people opposed to the presence of President Evo Morales in Sucre attacked campesinos and indigenous people who intended to participate in an event led by the head of State. According to the information and video recordings to which the Commission had access, the campesinos and indigenous people were insulted with racist epithets, kicked and clubbed with sticks, forced to kneel in the Plaza 25 de Mayo, humiliated in various ways, and robbed of their documents, money, and clothes. More than 20 people were injured. A journalist was also attacked.
Moreover, the information available indicates that the attackers also violently assaulted members of the police and military forces that had been deployed to guarantee public security during the event. According to the information received, the police and members of the military left the site as a result of the attack, and President Morales had to suspend his trip to Sucre.
The Inter-American Commission laments and emphatically condemns these acts of aggression and repudiates their racist and discriminatory nature. In this regard, the Commission calls for a dialogue based on tolerance and respect for human rights.
The IACHR recalls that it is the obligation of the State to guarantee public security and respect for human rights, as well as to thoroughly investigate the facts and punish those responsible. The Inter-American Commission calls on the judicial authorities to urgently initiate independent and impartial investigations to clarify the facts, identify and punish those responsible, and make reparations to the victims for moral and material damages.
PRESS RELEASE
N° 23/08
IACHR PRESENTS ANNUAL REPORT TO OAS GENERAL ASSEMBLY
Medellín, Colombia, June 3, 2008 – The Chairman of the Inter-American Commission on Human Rights (IACHR), Dr. Paolo G. Carozza, presented the Commission’s 2007 Annual Report to the General Assembly of the Organization of American States (OAS) today. The four-chapter report describes the Commission’s 2007 activities and offers information on the petitions and cases processed and the precautionary measures granted throughout the year. Chapter IV also includes special sections on the human rights situation in Colombia, Cuba, Haiti, and Venezuela, countries that the IACHR considered called for special attention in 2007.
With respect to Colombia, the IACHR report highlights, among other things, its concern regarding certain aspects of the demobilization of paramilitary groups underway and the threats faced by human rights defenders and social leaders. In terms of Cuba, the report describes a persistent violation of fundamental rights. The report discusses deficiencies in the administration of justice in Haiti and the serious lack of access to basic social services for the population. With regard to Venezuela, the report analyzes aspects related to the hostile environment for political dissent and the criminalization of social protest, among other issues.
The report also covers activities carried out by the Commission last year and points to two record numbers. The Commission received 1,456 complaints in 2007—the highest number for one year since its creation in 1959—and as of the end of 2007, it had 1,251 individual petitions and cases being processed, also a record. By comparison, in 1997 the IACHR received 435 complaints, and at the close of that year there were 976 cases and petitions being processed. The cases litigated before the Inter-American Court of Human Rights have also increased dramatically; of the 114 cases the Commission has taken to the Court in the last two decades, more than half (65) have been presented since 2003.
These numbers reflect the growing legitimacy and credibility of the inter-American human rights system, which has led to an increase in the mandates received from the General Assembly, as well as in the petitions and requests for precautionary measures, requests for hearings on the part of civil society and the States, and requests to conduct visits to the countries. Nevertheless, the regular budget assigned to the Commission by the Member States has remained constant and has even decreased in real terms since at least 1999.
In his address to the OAS General Assembly, the IACHR Chairman indicated that “there is now a very large and expanding gap between the resources necessary to maintain a healthy human rights system and the reality of the Commission’s activities.” He added, “The Commission simply cannot continue to respond to the growing demands placed upon it without decisive action by the Member States to address the critical shortage of resources.”
Dr. Carozza noted that in 2007, more than half of the Commission’s operating budget came from external donations. The Commission is grateful for such support, which has proved critical, but the IACHR Chairman warned that this situation “places the Commission’s work in a precarious and uncertain state, because there is no stability or long-term assurance of the availability of those funds.” In this regard, he urged the Member States gathered for the annual OAS General Assembly to adopt urgent measures to address the Commission’s grave financial situation.
In his remarks, the IACHR Chairman also referred to the reform process being contemplated in order to strengthen and improve the efficiency of the inter-American human rights system. Dr. Carozza said the Commission and the Inter-American Court of Human Rights had met in the context of this General Assembly to discuss the importance of this process and the need to move forward with reforms to the rules of procedure of both institutions to maximize the efficiency of the inter-American system. “We have agreed upon a concrete timetable for the elaboration of the details of such reforms, that includes ample opportunity for a full and transparent consultation with the Member States as well as civil society,” he said, adding that the process of procedural reform could come to a successful conclusion by the end of this year.
Finally, the IACHR Chairman thanked OAS Secretary General José Miguel Insulza for his active support of the Commission and of its central role as one of the constitutive bodies of the OAS. “In collaboration with the community of nations, the other organs of the OAS, and civil society, the Commission will continue to work tirelessly to protect and promote human rights in our hemisphere in 2008 and beyond,” Dr. Carozza said.
Useful links:
Transcript of IACHR President Paolo Carozza’s complete address
2007 Annual Report
PRESS RELEASE
N° 25/08
IACHR ANNOUNCES VISIT TO BOLIVIA
Washington, June 6, 2008 — The Inter-American Commission on Human Rights (IACHR) will conduct a visit to Bolivia from June 9-13, to gather information on captive communities of the indigenous Guaraní people living in a state of bondage analogous to slavery, in Bolivia’s Chaco region. The IACHR delegation will be led by Commissioner Luz Patricia Mejía, First Vice-Chair of the IACHR, in her capacity as Rapporteur for Bolivia, and by Commissioner Víctor Abramovich, as Rapporteur on the Rights of Indigenous Peoples. They will be accompanied by personnel from the IACHR Executive Secretariat.
Given the extreme gravity of the situation experienced by these communities, the IACHR has followed this issue through visits, reports, and public hearings. A report entitled Access to Justice and Social Inclusion: The Road towards Strengthening Democracy in Bolivia—published in June 2007, based on a visit conducted in November 2006—contains observations and recommendations by the Commission on the situation faced by the captive communities.
The IACHR also received information in a hearing on the situation faced by captive communities in Bolivia, which was held on March 10, 2008, during the Commission’s 131st period of sessions, and which led to the signing, on March 11, of a Memorandum of Commitment. In this memorandum, the petitioners who had requested the hearing and the representatives of the State agreed on the need for the Inter-American Commission to conduct a visit to Bolivia “in order to ascertain in the geographical locations affected the facts that are the object of complaint, which threaten the agrarian reform process and the security of the captive families of the Guaraní people.”
On June 13, at 10:30 a.m., the Commission will offer a press conference at the Hotel Europa, located at No. 64 Calle Tiahuanacu, in La Paz, Bolivia.
A principal and autonomous body of the Organization of American States (OAS), the Inter-American Commission derives its mandate from the OAS Charter and the American Convention on Human Rights and acts in representation of all the OAS member countries. It is made up of seven independent members who act in their personal capacity, do not represent any particular country, and are elected by the OAS General Assembly.
The Commission would like to express its appreciation to the government of Bolivia for agreeing to this visit and for the cooperation it has provided in planning the agenda of activities.
PRESS RELEASE
No. 26/08
IACHR CONCLUDES VISIT TO BOLIVIA
La Paz, Bolivia, June 13, 2008 — The Inter-American Commission on Human Rights (IACHR) conducted a visit to Bolivia from June 9-13, to gather information on the situation faced by a large number of indigenous Guaraní families known as captive communities, who continue to live in a state of bondage analogous to slavery in Bolivia’s Chaco region, in the departments of Santa Cruz, Chuquisaca, and Tarija. The IACHR delegation was led by Commissioner Luz Patricia Mejía, in her capacity as Rapporteur for Bolivia, and by Commissioner Víctor Abramovich, as Rapporteur on the Rights of Indigenous Peoples.
During the visit, the Commission obtained information and testimony verifying that the problem of debt bondage and forced labor has continued in the Bolivian Chaco, and the situation of the Guaraní people in this region has worsened since the Commission’s last visit in November 2006. The delegation notes that the situation of bondage and forced labor in which the families of the Guaraní people live is an extreme manifestation of the discrimination that Bolivia’s indigenous peoples and campesino communities have suffered historically and continue to suffer.
This visit came about as the result of a Memorandum of Commitment signed on March 11 of this year at IACHR headquarters, during the Commission’s 131st period of sessions, by the government of Bolivia, the Council of Gauraní Captains of Chuquisaca, and civil society organizations. In that agreement, the State made a commitment to adopt the protection measures needed to safeguard the personal integrity of all the Guaraní families, their leaders, and advisors. It also agreed to inform the Commission as to measures adopted and progress made in the process of restoring territories to the Guaraní people. In order to ascertain how this agreement is being carried out, this IACHR delegation traveled to La Paz, Sucre, Camiri, and Santa Cruz.
The Commission recognizes the efforts being carried out by the State to address this problem, and verified that the Bolivian State has attempted to carry out the regularization of lands in compliance with Law 1715, adopted in 1996, and Law 3545, adopted in 2006, both of which are related to a process of agrarian reform. However, the enforcement of these laws faces obstacles on the part of various political and economic sectors that resist the implementation of the law in the affected region. This has even generated acts of violence that resulted in persons being seriously injured, as well as cases of kidnappings and torture. The IACHR condemns these grave violations of human rights that have been committed against members of the Guaraní people and the obstruction by individuals of the implementation of public policies. These acts must be investigated and those responsible punished.
The Commission reiterates the State’s obligation to implement the existing laws related to agrarian reform. In this regard, the IACHR urges the State to guarantee the effective implementation of these laws, bearing in mind the particular relationship of indigenous peoples with the land, and thus to give priority to recognizing their ancestral lands and territories in the process of land titling.
The Commission has received information from civil society about some large estates or haciendas in which the relationship of involuntary servitude appears to have come to an end. The IACHR also received testimony from Guaraní families who, as a result of their territorial vindication, have been expelled from the haciendas in which they labored without compensation for the work they had done, and who do not have even the minimal resources necessary for subsistence. Some of these families were displaced to other communities that do not have enough land to sustain the number of people who live there.
Other communities remain captive on portions of land located within the estates, even in cases in which they have entered into a state of conflict with their former bosses and are no longer providing them with services on a regular basis. Although they are living on their ancestral territories, these are lands identified as the private property of third parties, which places the members of these communities in an extremely vulnerable situation, since they lack freedom of movement, suffer from threats and acts of aggression as a result of exercising their right to association, and are unable to employ their traditional means of production due to the lack of recognition of land titles.
The existence of these various mechanisms and circumstances should be verified and attested to on the ground by the appropriate State authorities.
The IACHR traveled to the community of Itacuatía, located in the Alto Parapetí region, in the province of Cordillera, department of Santa Cruz. The community is four hours away from the city of Camiri, via public roadways crossing private property that has been gated and in some cases locked. To access the area, the Commission had to negotiate with one of the estate owners for a lock to be opened. Some members of the community of Itacuatía told the Commission that because of their efforts to vindicate their rights, they are denied work in neighboring haciendas and are persecuted in different ways. They also told the IACHR that they had been subject to threats and aggressions. The Commission also received information about severe restrictions to the Guaraní people’s right to freedom of association. This includes persecution and harassment of their leaders, as well as serious difficulties related to access to the territory, which hinders their contact with the communities.
The Commission expresses its concern for the lives and personal integrity of these individuals and for the reprisals they could suffer as a result of their activity and for having given testimony to the IACHR. In this regard, the Commission urges the State to take effective protection measures for all members and leaders of the Guaraní people. In addition, with a view to guaranteeing their right to association, the IACHR urges national, departmental, and local authorities to take measures within their jurisdictions to ensure free circulation on public roadways.
The IACHR also observed that the Guaraní families in a state of bondage or forced labor live in extreme poverty and are subject to punishments such as being lashed with whips or having their crops burned and their animals killed. In addition, in Alto Parapetí the Commission verified the existence of child labor, which is prohibited by national laws and international treaties ratified by the Bolivian State. All of this occurs in a framework of impunity, due to the almost total absence of the national State in the Chaco region and the ineffectiveness of the Office of the Public Prosecutor. This impunity fosters the recurrence of practices that are incompatible with human rights.
In this regard, the IACHR urges the State to increase its institutional presence in the Bolivian Chaco in order to guarantee access to the exercise of these communities’ fundamental rights. The State should design these policies in consultation with the indigenous peoples, ensuring that the policies are compatible with their worldview and cultural identity.
During a meeting held with the Public Ministry, the Commission received information about the obstacles encountered in the course of investigations into the crime of involuntary servitude and other related crimes, such as injuries, mistreatment, and illegitimate restrictions to freedom of the affected communities. The obstacles noted include: the difficulty of independent access to the area; the limited cooperation of the police; the lack of protection measures for victims and witnesses; and the weak coordination of the respective national ministries, as well as the lack of cooperation of direct victims of this crime. In light of these issues, the affected communities expressed to the Commission their lack of confidence in the Public Ministry’s actions.
The Commission emphasizes that the response by the Public Ministry and the judicial branch has been insufficient in terms of the need to investigate and punish those responsible for these crimes. The Commission believes that there is sufficient documented information, as well as evidence provided by national and international organizations, that would allow an investigation to move forward. At the same time, it reiterates that it is the State’s duty to have suitable and effective mechanisms in place that would allow it to combat some of the aforementioned obstacles. The Commission trusts that there will soon be progress in the investigation and that this will allow the restoration of the confidence needed for a greater participation of victims in the process.
The Commission has noted that another relevant institutional problem having to do with the administration of justice in Bolivia is the lack of integration of the Constitutional Tribunal. This court carries out an essential role in guaranteeing the application of the Bolivian constitution and the rule of law, and has jurisdiction in various constitutional disputes related to laws on land ownership. The IACHR expresses its deep concern about this irregular situation and urges the National Congress to resolve this as soon as possible.
The Commission deplores the existence in Bolivia of situations of slave-like debt bondage and forced labor, a practice that is absolutely prohibited by the American Convention on Human Rights and other international instruments to which Bolivia is party. The United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery defines as practices analogous to slavery “debt bondage” as well as “serfdom, that is to say, the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his status.”
The IACHR also expresses its concern over the lack of integral State policies to address this problem. The Commission reiterates that the State of Bolivia has the international obligation to eradicate bondage and forced labor in all of its territory and should immediately take all necessary measures to comply with this obligation. Similarly, the State should adopt the measures needed to confront and resolve the legal, institutional, political, and other obstacles that are hindering the execution of the government’s program to eradicate bondage and forced labor throughout its territory. The State should also adopt all measures needed to eliminate discrimination against indigenous peoples, generating a culture of respect toward Bolivia’s rich cultural diversity.
Finally, the Commission gathered information on the acts of violence that took place in Sucre in November 2007 and in May 2008, on which it will continue to follow up.
The delegation visited the departments of La Paz, Santa Cruz, and Chuquisaca, where it carried out an intensive agenda of meetings and verification activities on the ground. The IACHR held meetings with the Minister of Foreign Affairs and Worship, the Interior Minister, and the Minister of Rural Development, Agriculture and the Environment; the Deputy Ministers of Lands, of Labor, and of Coordination of Social Movements; the Director of Lands; the Coordinator of Indigenous Peoples and Empowerment, in the Ministry of Justice; the President of the Chamber of Deputies; the People’s Defender; the Public Prosecutor of the Nation; the National Agrarian Tribunal; the Mayor of Sucre and the Inter-institutional Civic Committee of Sucre; the Mayor of Camiri and the Ranchers Federation of Camiri; the Prefecture of Santa Cruz; the presidential representative of Santa Cruz; international organizations such as the Office of the United Nations High Commissioner for Human Rights, and UNICEF; the social pastoral organization Cáritas; civil society organizations; the Guaraní People’s Assembly; the Council of Gauraní Captains of Chuquisaca; and members of other indigenous organizations as well as other nongovernmental organizations.
The IACHR would like to express its thanks to the government of Bolivia for its hospitality and for its cooperation in planning and carrying out the agenda of activities. It also would like to thank and recognize the government of Denmark for its financial contribution which made this visit possible. The Commission would also like to express its appreciation to the indigenous organizations and associations, and particularly to those individuals who provided valuable testimony. The Commission also thanks the nongovernmental organizations and international agencies for the information and cooperation they provided.
In the context of the existing collaboration with the government and with a view to contributing to the search for greater and stronger human rights protections in Bolivia, the IACHR—based on the functions and authority it has been granted under Article 41 of the American Convention on Human Rights—will lay out its final observations, conclusions, and recommendations in a report on the situation of the captive communities of the Guaraní people in Bolivia. This will be put to the consideration of the State of Bolivia and made public in the near future.
A principal and autonomous body of the Organization of American States (OAS), the Inter-American Commission derives its mandate from the OAS Charter and the American Convention on Human Rights and acts in representation of all the OAS member countries. It is made up of seven independent members who act in their personal capacity, do not represent any particular country, and are elected by the OAS General Assembly.
Useful links:
The report entitled Access to Justice and Social Inclusion: The Road towards Strengthening Democracy in Bolivia, published in June 2007, based on observations during a visit conducted in November 2006, contains observations and recommendations by the IACHR on the situation of captive communities.
Video recording of the hearing on the situation faced by captive communities in Bolivia held on March 10, 2008, during the Commission’s 131st period of sessions, and which led to the signing, on March 11, of a Memorandum of Commitment.
PRESS RELEASE
N° 27/08
IACHR SELECTS FINALISTS FOR RAPPORTEURSHIP FOR FREEDOM OF EXPRESSION
Washington, June 24, 2008– The Inter-American Commission on Human Rights (IACHR) received 69 applications for the post of Special Rapporteur for Freedom of Expression and has selected five finalists: Catalina Botero (Colombia), Christina Cerna (United States), Ronalth Ochaeta (Guatemala), Juan Pablo Olmedo (Chile), and Marcello Scarone (Uruguay/Canada). The candidates’ curricula vitae are published on the IACHR Web site.
Those interested in commenting on the finalists may send in their observations by e-mail, to CIDHOEA@, including the phrase “Candidates/Rapporteurship” in the subject field. The deadline for submitting observations is July 9, 2008.
The designation of the Special Rapporteur for Freedom of Expression is guided by the procedural norms approved by the IACHR on October 26, 2006, in its Resolution No. 04/06.
The competition was announced on March 19, 2008, and remained opened until June 1. The post’s duties and responsibilities, as well as the minimum requirements, are detailed in the published announcement, available at: .
A principal and autonomous body of the Organization of American States (OAS), the Inter-American Commission derives its mandate from the OAS Charter and the American Convention on Human Rights and acts in representation of all the OAS member countries. It is made up of seven independent members who act in their personal capacity, do not represent any particular country, and are elected by the OAS General Assembly.
PRESS RELEASE
N° 28/08
IACHR PRAISES RESCUE OF FARC HOSTAGES
Washington, D.C., July 3, 2007 — The Inter-American Commission on Human Rights (IACHR) praises the release of 15 people who had been held as hostages of the Revolutionary Armed Forces of Colombia (FARC).
The Government of Colombia informed that on July 2, it rescued Colombian hostages José Miguel Arteaga, Juan Carlos Bermeo, Íngrid Betancourt, Julio Buitrago, Armando Castellanos, John Jairo Durán, Armando Flórez, Raimundo Malagón, José Ricardo Marulanda, William Pérez, Vaney Rodríguez and Erasmo Romero, as well as U.S. citizens Marc Gonsalves, Thomas Howes and Keith Stansell. The Inter-American Commission expresses its satisfaction over the successful rescue and notes that the operation implemented by the State sought to minimize the risks to the life and physical integrity of the hostages. The IACHR also expresses its joy over the reunion of those rescued with their loved ones, after being held as hostages for several years.
The IACHR urges the armed groups that continue to illegally hold numerous hostages in Colombia to respect their lives, their security and their health, and to proceed with their unconditional and immediate release.
Useful Links
IACHR Report on the Implementation of the Justice and Peace Law
Human Rights in Colombia, Chapter IV of the 2007 Annual Report, published in April 2008
Report on the Demobilization Process in Colombia, December 2004
PRESS RELEASE
N° 29/08
IACHR ELECTS CATALINA BOTERO MARINO
AS SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION
Washington, D.C., July 21, 2007 — The Inter-American Commission on Human Rights (IACHR) today elected Colombian attorney Catalina Botero Marino as Special Rapporteur for Freedom of Expression.
The IACHR would like to underscore the excellent quality of the interviews with the five finalists for the position. In its Resolution 04/06, dated October 26, 2006, the IACHR established among the rules of procedure that guide the appointment of Special Rapporteurs that it would make public the criteria on which it based its decision on the election. To this effect, the Commission would like to emphasize Dr. Botero Marino’s knowledge about the right to freedom of expression and about the inter-American human rights system. The Commission also took into consideration her strategic vision and work plan for the Office of the Special Rapporteur for Freedom of Expression, as well as her outstanding professional career in the academic field, as a magistrate, and in the Office of the People’s Defender of Colombia.
Dr. Botero Marino has been working as Auxiliary Magistrate in the Constitutional Court of Colombia since 2005. Previously she had held a number of posts, including: National Director of the Office for the Promotion and Dissemination of Human Rights, in the Office of the People’s Defender of Colombia; Director of the Consultancy for Human Rights and International Humanitarian Law at the Social Foundation; adviser for the Office of the Prosecutor General of the Nation; and professor and researcher at the Law School of the Universidad de los Andes. She received her law degree in 1988 at the Universidad de los Andes and did postgraduate studies at that university, as well as in Madrid, Spain, at Universidad Complutense, the Center for Constitutional Studies and the Universidad Carlos III.
The Office of the Special Rapporteur for Freedom of Expression is full-time, functionally independent office with its own budget. It was established by the IACHR in 1998 and operates within the Commission’s legal framework. It is responsible for safeguarding the protection and promotion of freedom of thought and expression in the region.
PRESS RELEASE
N° 30/08
IACHR URGES THE EUROPEAN UNION TO MODIFY “RETURN DIRECTIVE”
Washington, D.C., July 25, 2008 — The Inter-American Commission on Human Rights (IACHR) approved Resolution 03/08, which refers to international standards that apply to migrants and specifically to the “Return Directive” adopted by the European Parliament on June 18, 2008. The Inter-American Commission views with concern the absence in the Directive of sufficient safeguards that guarantee respect for the rights of migrants.
A basic and well-recognized principle in international law requires that countries not return persons at risk of persecution in their home countries and that safeguards be in place to protect the rights of individuals eligible to seek asylum. It also requires that individuals seeking asylum have access to a hearing, and that when a request for asylum is rejected, they have access to judicial review.
Further, international standards establish that detention should be applied only as an exception and that if it is applied, the detention should be as brief as possible. In addition, migrants may not be held in prison facilities. Holding asylum seekers in a prison environment for immigration violations is incompatible with basic human rights guarantees.
Moreover, countries are required to provide special protections or guarantees to migrants in especially vulnerable conditions. When it comes to decisions concerning children and adolescents, primary regard must be given to their best interest.
International law provides that countries have both the right and the duty to establish mechanisms to control foreigners’ entry into and departure from their territory. At the same time, it provides that these actions must be taken with due respect for the rights of those affected, and that the observance of such fundamental principles as nondiscrimination and humane treatment may not be subordinated to the implementation of public policies.
International standards, including those applied by regional human rights bodies, must be respected by all the States. In this regard, the Inter-American Commission exhorts the Parliament and Council of the European Union, as well as the States that comprise that organization, to modify the Return Directive to bring it into conformity with international human rights standards for the protection of migrants.
Links
Resolution 03/08—Human Rights of Migrants, International Standards and the Return Directive of the EU
PRESS RELEASE
N° 31/08
IACHR TAKES CASES TO INTER-AMERICAN COURT OF HUMAN RIGHTS
Washington, July 31, 2008 — The Inter-American Commission on Human Rights (IACHR) submitted three cases to the Inter-American Court of Human Rights during the month of July, against Peru, Venezuela, and Guatemala.
On July 11, 2008, the IACHR filed an application with the Inter-American Court against Peru in Petition No. 11.385, Kenneth Ney Anzualdo Castro. The case involves the forced disappearance, at the hands of State agents, of 25-year-old student Kenneth Ney Anzualdo Castro, an act that occurred in Callao on December 16, 1993; the subsequent lack of due diligence in the investigation, prosecution, and punishment of those responsible; and the lack of adequate reparations to the victim’s relatives. The IACHR concluded in its report on the merits that the State of Peru is responsible for violating Mr. Anzualdo’s rights to life, to humane treatment, to personal liberty, to the recognition of juridical personality, to a fair trial, and to judicial protection, as well as his family members’ rights to humane treatment, to a fair trial, and to judicial protection.
On July 25, 2008, the IACHR filed an application with the Inter-American Court against Venezuela, in Petition No. 12.554, Francisco Usón Ramírez. The facts refer to the filing of criminal proceedings under military jurisdiction against Retired General Francisco Usón Ramírez for the crime of insults to the National Armed Forces, and his subsequent sentencing to a prison term of five years and six months, as the result of statements Mr. Usón made in a television interview about matters that were controversial and in the public debate. The IACHR concluded in its report on the merits that the State of Venezuela violated Mr. Francisco Usón Ramírez’s rights to freedom of expression, to personal liberty, to a fair trial, and to judicial protection.
On July 30, 2008, the IACHR filed an application with the Inter-American Court against Guatemala, in Petition No. 11.681, Las Dos Erres. The case involves the lack of due diligence in the investigation, prosecution, and punishment of those responsible for the massacre of 251 residents of the village of Las Dos Erres, in the municipality of La Libertad, department of Petén, an act carried out by members of the Guatemalan Army between December 6 and 8, 1982. The IACHR concluded in its report on the merits that the State of Guatemala is responsible for violating the rights to life, to humane treatment, to personal liberty, to the recognition of juridical personality, to the protection of families and children, to private property, to a fair trial, and to judicial protection, with prejudice to the 251 individuals who died in the massacre of Las Dos Erres, the two survivors, and 155 relatives. The Commission values the State of Guatemala’s positive attitude in acknowledging the facts and its consequent responsibilities, as well as its efforts to seek reparations for human rights violations suffered by the victims in this case. However, it is the duty of the Guatemalan State to provide an adequate judicial response, to establish the identity of those responsible, and to prosecute and punish them accordingly.
Useful Links
Admissibility Report No. 36/06, on Petition 577-05, Francisco Usón Ramírez, Venezuela
IACHR Web site
COMUNICADO DE PRENSA
Nº 32/08
CIDH APRUEBA REFORMA A SU REGLAMENTO EN SU 132º PERÍODO DE SESIONES
Washington, 5 de agosto de 2008 – La Comisión Interamericana de Derechos Humanos (CIDH) aprobó una reforma a su Reglamento durante el 132º Período de Sesiones, que tuvo lugar del 17 al 25 de julio de 2008, en su sede en Washington, D.C. Esta reforma tiene como objetivo reglamentar el trabajo de las Relatorías de la CIDH.
Por otra parte, durante el 132º Período de Sesiones la CIDH designó a la abogada colombiana Catalina Botero Marino como Relatora Especial para la Libertad de Expresión, cargo que asumirá el 13 de octubre de 2008.
Asimismo, la Comisión Interamericana aprobó 39 informes de casos durante dichas sesiones. De este total, 19 fueron informes de admisibilidad, 3 de inadmisibilidad, 8 de fondo, y 9 decisiones de publicación de informes de fondo. El próximo Período de Sesiones de la CIDH tendrá lugar del 16 al 31 de octubre de 2008. El plazo para solicitar audiencias y reuniones de trabajo vence el 27 de agosto de 2008.
Enlaces útiles:
Nuevo reglamento de la Comisión Interamericana de Derechos Humanos
Sitio web de la CIDH
PRESS RELEASE
N° 33/08
IACHR CONDEMNS EXECUTION OF JOSÉ ERNESTO MEDELLÍN
Washington, D.C., August 6, 2008 — The Inter-American Commission on Human Rights (IACHR) condemns the judicial execution by the United States of the Mexican citizen José Ernesto Medellín, in contempt of the precautionary measures the IACHR granted in his favor on December 6, 2006, and the recommendations of its report on the merits, dated July 24, 2008. Mr. Medellín was executed in the state of Texas on August 5, 2008. This is not the first time the United States has executed a person who has been the beneficiary of precautionary measures granted by the IACHR.
Mr. Medellín filed a petition with the IACHR on November 22, 2006, alleging due process violations in the criminal proceedings that resulted in a sentence of capital punishment. On December 6, 2006, the IACHR asked the United States to take the necessary measures to preserve Mr. Medellín’s life pending the Commission’s decision on the merits of the case. That request was reiterated on January 30, 2007.
On July 24, 2008, the IACHR approved its Report No. 45/08 on the merits of the case, and determined that the State violated Articles I, XVIII and XXVI of the American Declaration of the Rights and Duties of Man against Mr. Medellín, with respect to the criminal conviction that led to his death sentence. Among other aspects, the IACHR determined that as a result of the State’s failure to fulfill its obligation, under Article 36.1 of the Vienna Convention on Consular Relations, to inform Mr. Medellín of his right to consular notification and assistance, the criminal process against him did not meet the minimum standards of due process and a fair trial required under Articles XVIII and XXVI of the American Declaration. The Commission concluded that if the State executed Mr. Medellín based on those proceedings, it would commit an irreparable violation of his fundamental right to life, protected by Article I of the American Declaration. The IACHR thus recommended, among other things, that the State vacate the death penalty imposed on Mr. Medellín and hold a new trial in accordance with the protections prescribed under the American Declaration—equality, due process, and a fair trial, including the right to competent legal representation.
The Commission deplores the failure on the part of the United States to recognize the Commission’s requests that it respect the life of Mr. Medellín, as well as the lives of other persons sentenced to death in similar circumstances. The Commission urges the United States to implement all the precautionary measures granted by the Commission, and demands that it fully and properly respect its international human rights obligations, especially those derived from the American Declaration.
PRESS RELEASE
N° 34/08
IACHR RAPPORTEURSHIP URGES RESPECT FOR RIGHTS OF INDIGENOUS PEOPLES
Washington, D.C., August 8, 2008—On the eve of the International Day of the World’s Indigenous People, the Inter-American Commission on Human Rights (IACHR) Rapporteurship on the Rights of Indigenous Peoples, through its Rapporteur, Commissioner Víctor Abramovich, urges the OAS Member States to ensure that the rights of indigenous peoples are respected and guaranteed, especially their rights to lands, territory, and natural resources, and to participation and consultation.
The Inter-American Commission views with concern the frequency of social conflicts and acts of violence associated with disputes over indigenous peoples’ lands, territories, and natural resources. These situations of conflict normally arise because the States do not guarantee due protections of indigenous territories, nor do they guarantee indigenous peoples the right to participate in decision-making about the activities that affect their rights.
Given the situation faced by indigenous peoples in the Americas, the IACHR, through its Rapporteurship on the Rights of Indigenous Peoples, is preparing a thematic study on the scope of the right to consultation and its connection with the right to land, territory, and access to natural resources. The Commission invites representatives of indigenous peoples, civil society, the States, and academic institutions to present applications for thematic hearings and offer other contributions to the Rapporteurship’s study.
The IACHR reminds the States that international human rights law specifically recognizes the rights of indigenous peoples to their lands, territory, and natural resources. Case law in the inter-American human rights system has further reaffirmed the States’ obligation to consult with indigenous peoples regarding any economic activity or project that may affect their lands and natural resources, including such cases in which the State seeks to exploit subsoil resources. The right to consultation encompasses the positive duty of the States to make available appropriate and effective mechanisms to obtain prior, free, and informed consent, in accordance with indigenous peoples’ customs and traditions, before undertaking activities that may have an impact on their interests or could affect their rights to their lands, territory, or natural resources.
Along the same lines, the United Nations Declaration on the Rights of Indigenous Peoples recognizes “the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources.” It also holds that States “shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.”
The Inter-American Commission considers it urgent that States undertake the necessary efforts to comply with the recommendations of the IACHR and the judgments of the Inter-American Court of Human Rights that have to do with indigenous peoples and their special relationship with the land and natural resources, and most of all with their right to be consulted about any measure or activity that may affect those rights.
The IACHR created the Rapporteurship on the Rights of Indigenous Peoples in 1990 to focus on the hemisphere’s indigenous peoples who are especially exposed to human rights violations, as well as to strengthen, advance, and systematize the work of the Inter-American Commission in this area. The Rapporteur, on behalf of the Commission, will continue to closely monitor developments on this issue throughout the Americas.
PRESS RELEASE
N° 35/08
IACHR CONDEMNS EXECUTION OF HELIBERTO CHI ACEITUNO
Washington, D.C., August 8, 2008 — The Inter-American Commission on Human Rights (IACHR) condemns the judicial execution by the United States of the Honduran citizen Heliberto Chi Aceituno, in defiance of the precautionary measures the IACHR granted in his favor. Mr. Chi Aceituno was executed in the state of Texas on August 7, 2008. This is not the first time the United States has executed a person who has been the beneficiary of precautionary measures granted by the IACHR.
On September 24, 2007, the IACHR received a request for precautionary measures and a petition in favour of Mr. Chi Aceituno, on the alleged violation of the rights enshrined in Articles I, XXVI, and XVIII of the American Declaration, which is in proceedings before the Commission. The petition alleges violations of due process, in particular, that Mr. Chi Aceituno was not informed of the right to consular assistance throughout the proceeding that culminated in his being sentenced to death. On September 28, 2007, the Inter-American Commission asked the United States to adopt the measures necessary to preserve the life and physical integrity of the beneficiary pending the Commission’s decision on the merits of the case. On the same date, the Commission initiated the processing of the case. After receiving information that Mr. Chi’s execution had been scheduled for August 7, 2008, the Commission reiterated the precautionary measures to the United States, on July 16, 2008.
The failure of a Member State of the Organization of American States, including the United States, to preserve a condemned prisoner's life pending review of his or her petition contravenes its international legal obligations by undermining the effectiveness of the Commission's procedures, depriving condemned persons of their right to petition before the Inter-American Human Rights System, and resulting in serious and irreparable harm to a petitioner’s most fundamental right, the right to life.
The Commission deplores the failure on the part of the United States to recognize the Commission’s requests that it respect the life of Mr. Chi Aceituno, as well as the lives of other persons sentenced to death in similar circumstances. The Commission urges the United States to implement all the precautionary measures granted by the Commission, and demands that it fully and properly respect its international human rights obligations, especially those derived from the American Declaration.
Helpful links
Press Release 22/06: IACHR condemns the execution of Angel Maturino Resendiz
Press Release 33/08: IACHR condemns the execution of Jose Ernesto Medellin
PRESS RELEASE
N° 36/08
IACHR PRAISES REPEAL OF ARGENTINA’S MILITARY JUSTICE CODE
Washington, August 12, 2008 — The Inter-American Commission on Human Rights (IACHR) expresses its deep satisfaction over the repeal of Argentina’s Military Code of Justice and the adoption of a new system under which crimes committed by members of the military will be prosecuted through the ordinary courts.
According to the information received, the Chamber of Deputies of Argentina’s federal government approved the reform by a vote of 154 votes to 2 in November 2007, and the Senate gave it unanimous approval with 60 votes on August 6, 2008.
The new law, which will enter into effect six months after it is promulgated, will eliminate military courts and abolish the death penalty. It also establishes a new disciplinary structure that does away with discriminatory penalties related to homosexuality, and penalizes sexual harassment within the armed forces as a serious or extremely serious offense.
On February 24, 2004, the Inter-American Commission approved its Report No. 2/04 on admissibility, in the case of Army Captain Rodolfo Correa Belisle, who had been punished for testifying against his superiors. Following the approval of the report, the State of Argentina and the petitioners began a friendly settlement process, through which the State assumed the commitment of reforming its military justice system.
The Inter-American Commission considers this advance in the law to be a positive step, one that is based on the obligation to respect the rights enshrined in the National Constitution and the American Convention on Human Rights.
Useful Links
Report 2/04, Admissibility of Petition 11.758, Rodolfo Correa Belisle, Argentina
Press Release No. 43/06, IACHR hails progress in friendly settlements
PRESS RELEASE
PREN R37/08
OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION DEPLORES MURDER OF CAMERAMAN IN DOMINICAN REPUBLIC
AND DEMANDS INVESTIGATION
Washington, D.C, August 14, 2008 - The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the Organization of American States deplores the murder of Normando García, cameraman of a news show, in Santiago, Dominican Republic. The Office of the Special Rapporteur urges Dominican authorities to investigate this crime promptly and effectively, and to duly prosecute those responsible.
On August 7, 2009, during the afternoon, García, a cameraman for the daily news show "Detras de la Noticia" and producer of the music show "Pachanga Mix" on television station Teleunión, was dropping his car in a car-wash when unidentified persons shot him from a moving car, according to local press and non governmental organizations. García died in the place where the attack happened. A taxi driver, who was with him and was also shot, died a few hours later. García’s coworkers said that during the past months the cameraman, who used to cover police information, had received life threats related to his journalistic work, and that his car had been set on fire outside the channel offices.
Under the American Convention on Human Rights, States have the duty to prevent, investigate, and sanction any violation of the rights recognized therein. Principle 9 of the Declaration of Principles on Freedom of Expression of the IACHR states that "the murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression."
PRESS RELEASE
N° 38/08
RAPPORTEURSHIP ON THE RIGHTS OF PERSONS DEPRIVED OF LIBERTY
CONDUCTS VISIT TO CHILE
Washington, August 18, 2008 — The Rapporteurship on the Rights of Persons Deprived of Liberty of the Inter-American Commission on Human Rights (IACHR) will conduct a visit to Chile from August 21-25, 2008.
The purpose of the visit, which comes in response to an invitation by the government of Chile, is to receive information and observe the human rights situation of persons deprived of liberty in various detention centers in the country. The IACHR delegation will be composed of the Rapporteur on the Rights of Persons Deprived of Liberty, Dr. Florentín Meléndez, and staff members of the Executive Secretariat.
The Rapporteurship will visit prisons in the Metropolitan Region of Santiago, in Valparaíso, and in the Region of the Liberator General Bernardo O’Higgins. The delegation will also hold meetings with high-level authorities of the State and representatives of civil society.
Following the visit, the delegation will participate in the Second Meeting of Officials Responsible for Penitentiary and Prison Policies of the OAS Member States, which will take place August 26-28 in Validivia, Chile.
The IACHR appreciates the cooperation and facilities offered by the Chilean government and civil society organizations in preparation for this visit.
PRESS RELEASE
N° 39/08
RAPPORTEURSHIP ON THE RIGHTS OF PERSONS DEPRIVED OF LIBERTY
CONCLUDES VISIT TO CHILE
Santiago, Chile, August 28, 2008 — The Rapporteurship on the Rights of Persons Deprived of Liberty in the Americas conducted a visit to the Republic of Chile, at the invitation of that country’s government, from August 21-25, 2008. The delegation was composed of the Rapporteur, Commissioner Florentín Meléndez, and staff members of the Executive Secretariat of the Inter-American Commission on Human Rights (IACHR). The Commission would like to express its appreciation to the government and people of Chile for their cooperation and unrestricted access to prison facilities during the visit, and to Chilean nongovernmental organizations for the information and cooperation they provided.
The purpose of the visit was to receive information and observe the situation of persons deprived of liberty in detention facilities in the country. The delegation met with the Minister and Deputy Secretary of Justice, the National Director of the Prison Guard Force, the National Director of the National Youth Service (SENAME), the Deputy Secretary of Foreign Affairs, the Alternate Magistrate of the Supreme Court of Justice, the Criminal Public Defender, Guarantee Judges of Santiago, the National Prosecutor of the Supreme Court of Justice, the UNICEF Representative for Chile, and representatives of Chilean civil society organizations who work on issues related to persons deprived of liberty.
In Chile two types of detention centers coexist: those operated by the private sector under concession and others operated directly by the State. The Rapporteurship on the Rights of Persons Deprived of Liberty had the opportunity to visit centers that operate under both systems. The delegation visited two juvenile detention centers (the San Joaquín Center for Provisional Internment of Minors, in Santiago, and “Tiempo Joven,” in San Bernardo); three prisons operated under concession (the Santiago I Preventive Detention Center, the Rancago Prison Complex, and the Valdivia Prison Complex); two State-run centers (the South Santiago Prison Center and the Valparaíso Prison Complex); and women’s detention centers (the Santiago Women’s Prison Center and the women’s sections of the Rancagua and Valparaíso prisons). The IACHR Rapporteur observed that conditions in the privately run prison centers offer greater dignity for inmates and their families, as well as for the staff who work there. Overcrowding was not observed in the centers operating under concession, and there are adequate levels of nutrition and hygiene, internal security, appropriate separation of inmates by category, prevention of internal violence, and prison services that include medical attention and therapy, occupational activities, sports, workshops, and vocational training, among others.
The Rapporteurship on the Rights of Persons Deprived of Liberty observed some good prison practices in Chile. Commissioner Meléndez viewed as positive the Study and Work Centers initiative, as well as the legal reforms that led to the adoption of a new Code of Criminal Procedure and a new Adolescent Criminal Responsibility Law. The Rapporteur also underscored the periodic judicial presence in prisons, through weekly visits by some of the guarantee judges, semiannual visits by the Court of Appeals, and visits by judicial prosecutors, as well as the creation of the Criminal Public Defender’s Office. Finally, the Rapporteur expressed his satisfaction over the creation of prison hospitals and over the commitment and work of prison personnel.
On the other hand, the delegation observed with concern that in all the detention centers it visited in Chile there is an excessive and unnecessary use of force in punishment, a systematic practice of physical mistreatment on the part of staff from the Prison Guard Force, or Gendarmería, and the use of isolation measures in subhuman conditions. It also observed with concern the widespread practice of denigrating and humiliating body searches of visitors, particularly of women and children, as well as prison stays for individuals with mental disabilities and elderly men and women up to 80 years of age. In addition, apart from the positive initiative of the Study and Work Centers (CETs), there continue to be serious deficiencies and limitations in social readaptation programs, including the limited percentage of the prison population with access to the CETs.
Moreover, in the State-run prisons an unprecedented level of overcrowding was observed, as well as extreme unsanitary conditions that include unreliable or deficient systems for drinking water, nutrition, hygiene, and health, as well as terrible infrastructure conditions and serious deficiencies in or lack of real programs for social readaptation.
The delegation also observed a high level of overcrowding in the San Bernardo juvenile center, which has a precarious infrastructure and unsanitary conditions. The Rapporteurship found the deficient provision of basic services in juvenile centers especially alarming, particularly in the area of education and health care, as well as recreation, sports, and social readaptation programs. Such centers do not have an appropriate separation of inmates by category either, and poor treatment, excessive use of force, and the use of isolation as punishment persist. The Rapporteurship observed that the Adolescent Criminal Responsibility Law does not have a corresponding specialized judicial and institutional system and that SENAME does not have an adequate budget.
The delegation also verified a high level of overcrowding in the women’s detention centers in Santiago and Valparaíso; a precarious infrastructure and extremely unsanitary conditions in these centers; the lack of specialized medical attention for women and pediatric services for the young children who are with them in prison; and the presence of elderly women in centers that do not have adequate geriatric services.
The Rapporteurship on the Rights of Persons Deprived of Liberty encourages Chile to continue the process of modernizing and humanizing its detention centers, including those intended for women and juveniles, in order to guarantee the security and dignity of inmates, their families, and staff, and thus contribute to citizen security and the respect for human rights. It also would value the approval of a law on the implementation of sentences and applicable measures for juvenile offenders; the creation of a prison law in line with international standards; and the entry into force of the United Nations Optional Protocol to the Convention against Torture.
The IACHR Rapporteurship urges the State of Chile to investigate and punish, through independent and impartial bodies, the abuses of authority and mistreatment that take place within prisons and juvenile detention centers, and to adequately train prison guards in human rights issues and the use of force. It also recommends that the State guarantee the effective supervision and inter-ministerial oversight of services provided in privately operated prisons, with an emphasis on the areas of health, education, and work. The Rapporteurship also urges the State of Chile to deepen and expand its social readaptation policy in order to guarantee, with the participation of society, the effective reintegration of all those who may have been convicted of crimes and legal infractions. Finally, the ICHR Rapporteurship recalls the obligation of the State to guarantee the unrestricted respect for human rights in all the country’s detention centers. The principles that should guide public policies in this area are included in the document entitled “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,” approved by the IACHR in March of this year.
Links:
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas
PRESS RELEASE
N° 40/08
IACHR CONGRATULATES ARGENTINA FOR RATIFYING
ALL INTER-AMERICAN HUMAN RIGHTS TREATIES
Washington, September 10, 2008 — The Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS) congratulates the Republic of Argentina for its ratification of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty. Argentina deposited the instruments of ratification of this treaty on September 5, 2008.
With this step, Argentina became the eighth country in the region to ratify all the inter-American treaties pertaining to human rights. The IACHR praises this attitude and encourages the other States to move toward ratification of the seven inter-American human rights instruments, in order to attain their universalization.
The other States that have already ratified all the inter-American treaties on human rights are Costa Rica, Ecuador, Mexico, Paraguay, Peru, Panama, and Venezuela. The seven instruments are: the American Convention on Human Rights; the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights (“Protocol of San Salvador”); the Protocol to the American Convention on Human Rights to Abolish the Death Penalty; the Inter-American Convention to Prevent and Punish Torture; the Inter-American Convention on Forced Disappearance of Persons; the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (“Convention of Belem do Pará”); and the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities.
Links
Inter-American Human Rights Treaties: Texts, Signatories, and Current State of Ratifications
PRESS RELEASE
N° 41/08
IACHR CONDEMNS VIOLENCE IN BOLIVIA
Washington, D.C., September 15, 2008 — The Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS) emphatically condemns the serious acts of violence reported in some areas of eastern and southern Bolivia in recent days, which have caused deaths and injuries and placed democracy and the human rights of all Bolivians at risk.
The Commission learned that on September 11, 2008, groups of individuals, with the apparent encouragement of the Prefecture of the department of Pando used violence to try to block a meeting of indigenous people and campesinos, reportedly leading to the death of at least 30 individuals. These events were preceded by other acts of violence in Santa Cruz, Tarija, Beni, and Chuquisaca which, according to the information received, reportedly were encouraged and spurred on by the Departmental Prefectures and Civic Committees in these areas. These events led to the sacking and takeover of various national public institutions, such as the office representing the Presidency in Santa Cruz, the National Tax Service, the National Institute for Agrarian Reform, State-run Channel 7, and the National Telecommunications Company. Sacking was also reported with respect to some civil society organizations that work on behalf of the rights of indigenous peoples and campesino communities in the department of Santa Cruz, such as the Center for Legal Studies and Social Research, the Center for Campesino Research and Promotion, and the Confederation of Indigenous Peoples of Bolivia.
The IACHR urges the State of Bolivia to adopt the necessary measures to guarantee the rights of persons under its jurisdiction, through effective and reasonable prevention mechanisms. It also urges the State to undertake a diligent investigation of the facts and to punish, in accordance with the law, those responsible for the murders and acts of violence against individuals and public and private property. The Commission also urges the departmental authorities to adopt immediate measures to bring about an end to the violence. The IACHR issues a vigorous call to respect the rule of law and democracy and to facilitate the necessary mechanisms to investigate and punish those responsible.
The IACHR also expresses its concern over the possibility that the sacking and takeover of the National Institute for Agrarian Reform could hamper implementation of programs designed to end the state of bondage analogous to slavery suffered by some captive Guaraní families in the Bolivian Chaco, a situation verified by the Commission during a visit from June 9-13 of this year.
The IACHR applauds the progress in the dialogue begun between the government and the National Democratic Council, which brings together representatives of some of the regions in conflict. The Commission supports this initiative and calls on all of the actors to become involved in seeking a peaceful solution.
PRESS RELEASE
N° 42/08
IACHR CONDEMNS THE EXPELLING OF HUMAN RIGHTS DEFENDERS
BY THE GOVERNMENT OF VENEZUELA
Washington D.C., September 22, 2008 – The Inter-American Commission on Human Rights (IACHR) condemns the expelling from Venezuela of Jose Miguel Vivanco and Daniel Wilkinson, Executive Director and Deputy Director of the Americas Division of Human Rights Watch, a non-governmental organization that works in the protection of human rights. On the night of Thursday, September 18 of 2008, the Venezuelan Government expelled these human rights defenders, hours after Human Rights Watch presented a report on the human rights situation in Venezuela.
This measure affects the right to freedom of expression of the representatives of that organization and constitutes an act of intolerance against criticism which is an essential component of democracy.
Both Human Rights Watch and its directors for the Americas, José Miguel Vivanco and Daniel Wilkinson, have long-standing experience defending human rights and have played an important role in promoting and protecting human rights throughout the region.
In its Report on the Situation of Human Rights Defenders in the Americas, the Inter-American Commission recognized the crucial role these human rights defenders play in guaranteeing and safeguarding democracy and the rule of law. Likewise, the IACHR highlighted that when human rights defenders are attacked, all those persons for whom they work are left without protection. For that reason, the IACHR urges the Venezuelan authorities to respect the work of human rights defenders and their freedom of expression.
PRESS RELEASE
N° 43/08
IACHR ANNOUNCES SCHEDULE OF HEARINGS FOR 133rd PERIOD OF SESSIONS
Washington, D.C., October 9, 2008 – The Inter-American Commission on Human Rights (IACHR) announces the schedule of hearings for its 133rd period of sessions, which will take place October 15-31, 2008. The hearings will be held October 22-28 on the TL level of the General Secretariat Building of the Organization of American States (OAS), at 1889 F St. NW, Washington, D.C., 20006.
Anyone interested in attending the public hearings may do so, and no advance registration is required. Journalists do not need any special accreditation.
Audio recordings of all public hearings will be posted on the Commission’s Web site (). During the sessions, the hearings held in Room A will be webcast live on the OAS site (). The videos of those hearings will also be posted on the Web sites of both the OAS and the Commission. Those interested may request high-quality copies of the recordings.
Private hearings will not be webcast, nor will video or audio recordings be available, and no members of the public or the press will be allowed to enter.
Under the OAS Charter, the IACHR is the principal body responsible for ensuring respect for human rights in all States of the Americas. It is composed of seven independent experts elected in a personal capacity by the OAS Member States.
Links
Schedule of Hearings for 133rd Period of Sessions
IACHR Press Office
Guidelines for Press Coverage of Public Hearings
Page of Videos and Audio Recordings of Public Hearings
IACHR Home page
PRESS RELEASE
PREN R44/08
OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION DEPLORES MURDER OF NEWSPAPER DIRECTOR IN MEXICO
AND DEMANDS INVESTIGATION
Washington, D.C, October 23, 2008 - The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the Organization of American States deplores the murder of Miguel Villagómez Valle, director of the daily La Noticia in Michoacán, Mexico. The Office of the Special Rapporteur urges Mexican authorities to investigate this crime promptly and effectively, and to duly prosecute those responsible.
On October 9, 2008, Villagómez Valle was kidnapped after leaving the newspaper, and later he was shot down. His body was found on October 10 in the neighboring Guerrero state. Villagómez Valle was the director and founder of the daily newspaper La Noticia, based on Lázaro Cardenas in Michoacán state. The newspaper covers crime and politics, along with sports and culture. According to the information released by the local press and non governmental organizations, Villagómez would have received a threatening call on his cell phone a month ago, that could have been related to a group of drug dealers.
Under the American Convention on Human Rights, States have the duty to prevent, investigate, and sanction any violation of the rights recognized therein. Principle 9 of the Declaration of Principles on Freedom of Expression of the IACHR states that "the murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression." The Office of the Special Rapporteur requests an investigation on this crime and to duly prosecute those responsible.
PRESS RELEASE
N° 45/08
IACHR PREPARES REPORT ON JUVENILE CRIMINAL JUSTICE
Washington, D.C., October 30, 2008 — The Inter-American Commission on Human Rights (IACHR) announces that it has decided to extend the deadline for Member States to respond to a questionnaire on juvenile criminal justice until December 5, 2008. The IACHR also invites civil society to respond to the same questionnaire.
The Commission’s Rapporteurship on the Rights of the Child is preparing a report on juvenile criminal justice as part of an agreement signed with the United Nations Children’s Fund (UNICEF).
The questionnaire is already on the IACHR Web site and will remain available until December 5.
Links
Questionnaire for governments and civil society organizations in the context of the thematic report on juvenile criminal justice in the Americas
Cuestionario para los Estados y las organizaciones de la sociedad civil en el marco del Informe temático sobre Justicia Penal Juvenil en las Américas
Questionnaire établi à l’intention des États membres et des organisations de la société civile dans le cadre du rapport thématique sur la justice pénale pour les jeunes dans les Amériques
Questionário para os Estados e as organizações da sociedade civil no âmbito do Relatório Temático sobre Justiça Penal Juvenil nas Américas
PRESS RELEASE AND ANNEX
N° 46/08
IACHR CONCLUDES ITS 133rd PERIOD OF SESSIONS
Washington, D.C., October 31, 2008—The Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS) held its 133rd regular period of sessions from October 15 to 31, 2008. During the sessions, the Commission approved reports on cases and individual petitions, and held 57 hearings and 34 working meetings.
The hearings encompassed issues that have a general impact on all the countries of the region, as well as specific issues related to one country or sub-region in particular. During this period of sessions, the Commission held hearings on the rights of women, persons deprived of liberty, children, Afro-descendents, and indigenous peoples, among others. Hearings were also held on issues having to do with obstacles to obtaining access to justice; citizen insecurity; the rights of gays, lesbians, bisexuals, transsexuals, transvestites, and intersexuals; the situation of people who carry the human immunodeficiency virus (HIV); and economic, social, and cultural rights, among other topics.
The IACHR expresses its satisfaction with the agreement for a friendly settlement reached in a working meeting between the government of Paraguay and the petitioners in the case involving the Kelyenmagategma Indigenous Community (Puerto Colón) of the Enxet People. Under the agreement, the State makes a commitment to hand over lands and issue titles in the name of the Kelyenmagategma Indigenous Community of the Enxet People, as well as to provide a community development plan, among other key commitments. In addition, the IACHR will follow up on important agreements reached during working meetings with the government of Mexico and petitioners involving cases of disappearances and extrajudicial executions.
The IACHR received information in a public hearing on the impact caused by the four hurricanes that hit Haiti in August and September, and on the critical humanitarian crisis caused by the storms, particularly due to the loss of crops. The Commission urges the international community to make every effort to assist that country and its people.
The Commission received the government of Bolivia in a hearing in which the government provided information about the acts of violence that took place during the social conflicts of recent months and on the respective investigations undertaken. The IACHR will continue to closely follow the situation in that country.
The Commission would like to note that it received information during a hearing on the situation of children and adolescents in conflict with the law in Argentina, Brazil, Paraguay, and Uruguay. On this point, the Inter-American Commission expresses its deep concern about the limitations of democracies of the Americas when it comes to guaranteeing policies that offer full protection to children in conflict with the law. The IACHR is in the process of preparing recommendations for the States to advance in the protection of the rights of children in conflict with the law.
During another hearing, the Commission received troubling information about the impact that the construction of a wall in Texas, along the U.S.-Mexico border, has on the human rights of area residents, in particular its discriminatory effects. The information received indicates that its construction would disproportionally affect people who are poor, with a low level of education, and generally of Mexican descent, as well as indigenous communities on both sides of the border. On another U.S.-related issue, the IACHR continued to receive troubling information during these sessions about the situation of detainees in Guantánamo. As it did on July 28, 2006, through its Resolution 02/06, and on subsequent occasions, the Commission again urges the government to shut down the detention center.
The IACHR received with concern information indicating that the State of Colombia’s Administrative Department of Security (DAS) conducted intelligence activities against opposition political leaders, national senators, and nongovernmental organizations. According to information provided by the government, the DAS director was dismissed as a result of this activity. The Inter-American Commission urges the justice system to investigate these acts, which undermine democratic institutions in Colombia, and to bring those responsible to justice.
The Commission also learned about administrative investigations that led to the dismissal of 27 members of the Colombian military for their alleged responsibility in disappearances and extrajudicial executions carried out in Soacha and other regions. The IACHR condemns these acts and calls on the regular justice system to prosecute the State agents responsible for these crimes.
During these sessions, several hearings were held on human rights defenders. The Commission reiterates its call to the States to respect their work and guarantee their rights. The IACHR is preparing a report following up on its Report on the Situation of Human Rights Defenders in the Americas.
Hearings were also held on citizen insecurity in Venezuela and Mexico. The IACHR is following with particular attention the state of citizen insecurity in the region, as well as the respect for human rights as an essential component of all public policies to address the problem. The IACHR is in the process of preparing a report on citizen insecurity in the region, as part of an agreement signed with UNICEF.
The Inter-American Commission continues to strengthen its cooperation ties with the universal human rights system. In this context, the Commission met during the sessions with the new United Nations Special Rapporteur on the Situation of Human Rights Defenders, Margaret Sekaggya, with the UN Secretary-General’s Special Representative on Business and Human Rights, John Ruggie, and with the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, James Anaya. In addition, for the first time a UN Rapporteur attended a working meeting of the IACHR; with the consent of the petitioners and the State, Professor Anaya participated in the meeting on precautionary measures for indigenous peoples in voluntary isolation in Peru.
During these sessions, the IACHR made progress in organizing its on-site visit to Jamaica, which will take place December 1-5. The IACHR thanks the government of Jamaica for the invitation, which will lead to the Commission’s first on-site visit to an English-speaking Caribbean country since 1994.
Useful links
Audio recording of the Press Conference at the Conclusion of the 133 Period of Sessions (October 31, 2008) (in original languages spoken by participants)
Video of the IACHR Chairman’s speech at the opening session
Transcript of the IACHR Chairman’s speech at the opening session
Audio recording of the IACHR Chairman’s speech at the opening session
Audio and video recordings and photos of the public hearings
ANNEX TO PRESS RELEASE 46/08
ON THE 133rd REGULAR PERIOD OF SESSIONS OF THE IACHR
The Inter-American Commission on Human Rights (IACHR) held its 133rd regular period of sessions from October 15 to 31, 2008. The IACHR is composed of Paolo Carozza, Chairman; Luz Patricia Mejía, First Vice-Chair; Felipe González, Second Vice-Chair; and Commissioners Víctor Abramovich, Sir Clare K. Roberts, Florentín Meléndez, and Paulo Sérgio Pinheiro. The IACHR Executive Secretary is Dr. Santiago A. Canton. The IACHR is the principal body designated in the OAS Charter as responsible for ensuring respect for human rights in all States of the Americas.
The IACHR reiterates the importance that the inter-American system move toward the universal acceptance and application of its norms through ratification of its various regional human rights instruments, especially the American Convention on Human Rights. In this regard, the IACHR congratulates the Republic of Chile and the Argentine Republic for their ratification of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty. Chile deposited the instruments of ratification of that treaty at the Organization of American States (OAS) on October 16, 2008, and Argentina on September 5, 2008. With this step, Argentina became the eighth country in the region to ratify all inter-American human rights treaties, joining Costa Rica, Ecuador, Mexico, Paraguay, Peru, Panama, and Venezuela. The IACHR encourages all other States to move forward with the ratification of the seven inter-American human rights instruments, in order to bring about their universalization.
At the opening of the 133rd period of sessions, the Chairman of the IACHR, Dr. Paolo Carozza, called for a greater political commitment by the Member States to make human rights one of the pillars of regional cooperation in the Americas. He also called for a significant increase in the resources designated for the Inter-American Commission on Human Rights to reflect that political will and to guarantee the IACHR’s financial autonomy.
During these sessions, the IACHR approved new reports on individual cases and petitions. During the 131st period of sessions, held in March 2008, the Commission approved 27 reports: 11 on admissibility, 6 on inadmissibility, 1 on friendly settlement, 4 on the merits and 5 decisions to publish merits reports. Likewise, during the 132nd period of sessions, held in July 2008, the IACHR approved 39 reports: 19 on admissibility, 3 on inadmissibility, 8 on the merits and 9 decisions to publish merits reports.
From October 22 to 28, the Commission held 57 hearings on individual cases and petitions, precautionary measures, and general and specific human rights situations. In addition, 34 working meetings were held with the participation of representatives of both parties involved in petitions and cases before the Commission. The participation in hearings and working meetings by representatives of the OAS Member States, as well as by those who appeared as victims or petitioners, constitutes an important contribution toward strengthening the work of protecting the human rights of the people of the hemisphere. The Inter-American Commission values and appreciates such assistance and participation. In that respect, the participation of high-level government authorities of several countries should be noted as a sign of their respective States’ willingness to engage in dialogue with the IACHR and with civil society.
The Inter-American Commission continued its practice of holding meetings with representatives of Member States of different regions. During this period of sessions, on October 21, it held a working breakfast with Permanent Representatives of Member States from the Caribbean region, in order to exchange information on the human rights situation and coordinate IACHR activities in those countries. The IACHR also held meetings with nongovernmental organizations from the region.
On another matter, the IACHR cosponsored a seminar on regional human rights systems at the American University Washington College of Law, held on October 20. The Chairman of the IACHR, Commissioner Paolo Carozza, was the speaker at a working lunch held during the event, while Commissioners Felipe González and Sir Clare Roberts participated in a panel on “Perspectives, Approaches and Experiences in Combating Impunity.” The Commission’s Executive Secretary, Dr. Santiago A. Canton, also spoke about the challenges facing regional systems for the protection of human rights, and the Assistant Executive Secretary, Dr. Elizabeth Abi-Mershed, participated in a panel discussion on the issue of reparations.
On another matter, the Inter-American Commission continues to strengthen its cooperation ties with the universal human rights system. In this context, the IACHR received a visit on October 27 from the new United Nations Special Rapporteur on the Situation of Human Rights Defenders, Margaret Sekaggya. The Commission also met on October 17 with the UN Secretary-General’s Special Representative on Business and Human Rights, John Ruggie. In addition, for the first time a UN Rapporteur participated in a working meeting of the IACHR, with the consent of the petitioners and the State. The UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, James Anaya, participated in the working meeting on requests for precautionary measures for indigenous peoples in voluntary isolation in Peru. Anaya also participated in a meeting of experts in the human rights of indigenous peoples, held October 25. The purpose of the meeting was to discuss international norms on the obligation to protect the right to property and to consultation of indigenous peoples, as well as to receive information to be used in the preparation of a thematic report. These meetings held during the sessions are complemented by other activities the IACHR is undertaking in cooperation with the UN, such as the agreement signed in June of this year between the United Nations Children’s Fund (UNICEF) and the Inter-American Commission. Under this agreement, the IACHR is conducting research for two reports, one on juvenile criminal justice and another on citizen security and human rights.
The 134th regular period of sessions will take place March 16-27, 2009, and the deadline for requesting hearings and working meetings is January 25, 2009, in accordance with Articles 62.2 and 64.1 of the IACHR Rules of Procedure.
I. REPORTS ON INDIVIDUAL PETITIONS AND CASES
The IACHR studied numerous individual petitions and cases alleging violations of human rights protected by the American Convention on Human Rights, the American Declaration on the Rights and Duties of Man, and other inter-American instruments.
The reports approved by the IACHR reflect some of the structural human rights problems that persist in the region. They refer to respect for the rights to life and personal integrity; guarantees to due process and judicial protection; the exercise of economic, social, and cultural rights; and the rights of children, indigenous peoples, women, and persons deprived of their liberty, among other matters. Once the parties have been notified, the Inter-American Commission will post on its Web site the reports on cases in which the decision is of a public nature.
II. HEARINGS
From October 22 to 28, the Commission held 57 hearings on individual cases and petitions, precautionary measures, and general and specific human rights situations. The hearings on individual cases and petitions had to do with issues of admissibility and merits.
Individuals who offer testimony or information during the hearings should enjoy all necessary guarantees. In a June 8, 1990, resolution, the OAS General Assembly recommends to governments “that they grant the necessary guarantees and facilities to enable nongovernmental human rights organizations to continue contributing to the promotion and protection of human rights, and that they respect the freedom and safety of the members of such organizations.” Furthermore, Article 61 of the IACHR Rules of Procedures indicates: “The State in question shall grant the necessary guarantees to all the persons who attend a hearing or who in the course of a hearing provide information, testimony or evidence of any type to the Commission. That State may not prosecute the witnesses or experts, or carry out reprisals against them or their family members because of their statements or expert opinions given before the Commission.”
The hearings held in Room A were transmitted live via the Internet. Videos of these hearings, as well as audio recordings of all public hearings, are available through the IACHR Web site, under Public Hearings; this Web page also includes links to high-resolution photographs taken during the hearings. External Web sites are authorized to include links to these audio and video recordings as long as credit is given to the OAS. The IACHR thanks Primestream Corporation and its president, Claudio Lisman, for providing the bandwidth needed for high-quality transmission to a broad audience. His generous contribution has made it possible to increase the number of computers that can connect to the transmission at any given time, thus responding to the increased interest in following the hearings from all countries of the region.
A. General and Thematic Hearings
During this period of sessions, hearings were held on the general human rights situation in OAS Member States and on other general issues at the national and regional level. Two of the hearings were private, at the request of the organizations that had asked for them: “Situation of human rights defenders and institutions and human rights guarantees in Venezuela,” and “Situation of the right to freedom of expression and information in Venezuela.” The remaining hearings were public, and links to available audio and video recordings are included below.
Impact of public-security policies on human rights in Mexico
Audio Video Photos
Rights to the use and exploitation of natural resources and prior consultation with respect to the Cucapá indigenous people of Mexico
Audio Video Photos
Complaints regarding the criminalization of human rights defenders in Guerrero, Mexico
Audio Video Photos
Border Wall in Texas, United States
Audio Video in original language Video in Spanish Video in English Photos
Attacks on actors in the justice system in Guatemala
Audio Photos
Protection of human rights defenders in Guatemala
Audio Photos
Inefficacy of the labor justice system for agricultural workers in Guatemala
Audio Photos
Follow-up to complaints regarding extrajudicial executions/ Actions in response to murders of protected persons in Colombia
Audio Photos
Extraditions of paramilitaries and the rights of victims in Colombia
Audio Video Photos
Rule of law, judicial independence, and democracy in Colombia
Audio Video Photos
Discrimination and violence against women as a result of the armed conflict in Colombia
Audio Video Photos
Freedom of expression in Peru
Audio Video
Human rights situation in Bolivia (at the Commission’s initiative)
Audio Video
Due process and disciplinary actions against judges in Honduras
Audio Photos
Reports of arbitrary detentions and torture in prisons in Honduras
Audio Photos
Situation of labor justice in El Salvador
Audio Photos
Racial discrimination and access to justice of Afro-descendents in Colombia
Audio
Discrimination based on gender, race, and sexual orientation in the Americas
Audio
Amnesty Law as obstacle to justice in Brazil
Audio Video Photos
Freedom of expression and political rights in Nicaragua
Audio Video Photos
Prison conditions of persons deprived of liberty on Nicaragua’s Atlantic Coast
Audio Video Photos
Barriers to equal access to justice in Latin America
Audio Video
Situation of violence and discrimination against women in Haiti
Audio Photos
The justice system and impunity in Haiti
Audio Photos
Situation of persons deprived of liberty in prisons and mental hospitals in Argentina
Audio Photos
Due process problems in the application of policies on immigrant detention and deportation in the United States
Audio Video Photos
Situation of children deprived of liberty in Argentina, Brasil, Paraguay, and Uruguay
Audio Video Photos
Situation of imprisoned union members in Cuba
Audio Video Photos
Risks and vulnerabilities affecting defenders of women’s rights in the Americas
Audio Video
Principles and regulatory best practices of radio broadcasters
Audio Video
Right to private property of indigenous peoples of Panama
Audio Photos
Violations of economic, social, and cultural rights of indigenous peoples and access to justice in Honduras and Nicaragua
Audio Photos
Persons with HIV in Central America
Audio Photos
Citizen security and violence in Venezuela
Audio Photos
B. Hearings on Precautionary Measures, Individual Petitions and Cases
This period of sessions included hearings on precautionary measures, petitions, and cases. Two hearings were held in private, by request of one of the parties: “Case 11.157 – Gladys Carol Espinoza González, Peru,” and “Case 11.568 – Luis Galindo Cárdenas, Peru.” Links to the audio recordings of all public hearings, as well as links to the videos of those that were filmed, are included below.
Case 12.626 – Jessica Gonzales, United States
Audio Video in original language Video in English Video in Spanish Photos
Petition 1186/04 - Opario Lemoth Morris et al. (Miskitos Divers), Honduras
Audio Video Photos
Case 12.546 – Juan Jacobo Arbenz Guzmán, Guatemala
Audio
Case 12.590 – José Miguel Gudiel Álvarez et al. (Diario Militar), Guatemala
Audio Photos
Case 11.227 – Unión Patriótica, Colombia (Testimony and comments)
Audio Video
Precautionary Measure 629-03 – Justice and Peace Commission, Colombia
Audio Photos
Case 12.251 – Village of La Esperanza (Carmen de Viboral), Colombia
Audio
Case12.643 - Elías López Pita and Luis Alberto Shinin Laso, Ecuador
Audio Video
Case 12.543 - Alejandro Xavier León Vega, Ecuador
Audio Video
Case 12.569 – Quilombolas Communities of Alcántara, Brazil
Audio Video Photos
Case 12.479 – José Airton Honorato et al. (Castelinho), Brazil
Audio Video Photos
Case 12.277 – Fazenda Ubá, Brazil
Audio Video Photos
Case 12.519 – Leopoldo García Lucero, Chile
Audio Photos
Case 12.624 – Carlos Baraona Bray, Chile
Audio Photos
Case 12.053 – Maya Communities of the Toledo District, Belize
Audio Photos
PM 259/02 – Detainees at the Guantanamo Naval Base / PM 211/08 – Djamel Ameziane, United States
Audio Video Photos
Case12.361 and Petitions 1368/04, 16/05, 678/06, 1191/06 – In vitro fertilization, Costa Rica
Audio Video Photos
Case 12.581 – Jesús Vélez Loor, Panama
Audio Photos
Precautionary Measures and Petition 592/07 – Hul’qumi’num Treaty Group, Canada
Audio
III. WORKING MEETINGS
During the 133rd period of sessions, 33 working meetings were held on petitions, cases, and precautionary measures from Argentina, Brazil, Colombia, Chile, Ecuador, El Salvador, Honduras, Mexico, Nicaragua, Paraguay, and Peru.
The IACHR expresses its satisfaction with the agreement for a friendly settlement reached during a working meeting between the government of Paraguay and the petitioners in Case No. 12.629, Kelyenmagategma Indigenous Community (Puerto Colón) of the Enxet People. Under the agreement, the State is making a commitment to purchase or expropriate 10,000 hectares in Puerto Colón and issue titles in the name of the Kelyenmagategma Indigenous Community of the Enxet People. It also agrees to provide a community development plan and come to an agreement with the community on the form and nature of reparations to indemnify the damages suffered, among other commitments. The IACHR will closely follow up on compliance with the agreement.
The Commission underscores the willingness demonstrated by the parties in various cases to continue working toward an agreement for a friendly settlement. The IACHR especially expresses its satisfaction with the progress made in the working meetings with the government of Mexico, specifically in Case 11.822, Reyes Penagos Martínez et al.; Case 12.287, Cruz Ávila Mondragón; Case 12.642, José Iván Correa Arévalo; and on Precautionary Measures 124/07, granted by the IACHR on July 11, 2007, to the benefit of Francisco Velasco Hernández. On another matter, the IACHR is encouraged by the commitment expressed by the government of Honduras to establish effective protection mechanisms for the beneficiaries of the precautionary measures handed down by the IACHR on July 7, 2006, to the benefit of members of the San Juan Garifuna Community in Honduras, and by the possibility of working toward an agreement for a friendly settlement in the petition presented by that community. The IACHR encourages the parties to continue their efforts to bring their positions closer together and reach a consensus that makes it possible to arrive at friendly settlements in these and other cases.
The following working meetings were held during this period of sessions:
• Petition 828/01 – Posadas et al., Argentina
• Case 12.530 – José Mejía Idrovo, Ecuador
• Precautionary Measures 44/07 – Frank Enwonwu, United States
• Petition 123/05 – Ángel Alberto Duque, Colombia
• Case 11.101 – Massacre of Caloto, Colombia
• Precautionary Measures 555/03, 3/02, 128/00 and 705/03 – MINGA, REINICIAR, Colectivo JAR and CCJ, Colombia
• Precautionary Measures 693/03 – Pueblo Pijao, Colombia
• Precautionary Measures 641/02 – SINALTRAINAL, Colombia
• Precautionary Measures 449/03 – Afro-Descendent Communities Process, Colombia
• Follow-up to the IACHR’s visit to Oaxaca, Mexico (With the Government of Mexico)
• Implementation of Precautionary Measures in Oaxaca (With the Government of Mexico)
• Precautionary Measures 113/08 – Family, friends, and witnesses of Gustavo Castañeda Martínez et al., Mexico
• Case 12.642 – José Iván Correa Arévalo, Mexico
• Case 12.287 – Cruz Ávila Mondragón, Mexico
• Case 11.822 – Reyes Penagos Martínez et al., Mexico
• Case 12.322 – Antonio González Méndez, Mexico
• Precautionary Measures 124/07 – Francisco Velasco Hernández, Mexico
• Case 11.064 – Miguel Ángel Cieza Galván, Peru
• Case 12.404 – Movement Manuela Ramos, Peru
• Precautionary Measures on indigenous peoples in voluntary isolation PM 262/05, 102/07, 129/07 and 274/07, Peru (At the request of the Government of Peru)
• Case 12.330 – Marcelino Gómez Paredes and Cristián Ariel Núñez, Paraguay
• Case 12.359 – Cristina Aguayo Ortiz et al., Paraguay
• Kelyennagategma Indigenous Community (Puerto Colón) of the Enxet People, Paraguay
• Cases 12.281 Gilda Pizarro Jiménez et al. / 12.195 – Mario Jara Oñate et al., Chile
• Case 12.576 P. Pichun and Aniceto Norin, Chile
• Case 12.611 – Patricia Troncoso et al., Chile
• Case 11.566 – Favela Nova Brasilia, Brazil
• Case 11.694 – Evandro de Oliveira et al., Brazil
• Case 12.567 – Indigenous Community of Ananás, Brazil
• Case 12.332 - Margarida Maria Alves, Brazil
• Petition 674/06 – Garifuna Community of San Juan, Honduras
• Case 12.311 - Benjamin Colindres, El Salvador
• Case 12.628 - Wilmer Antonio González Rojas, Nicaragua
• Petición 828/01 – Marcelo Darío Posadas et al., Argentina
IV. RAPPORTEURSHIPS AND THEMATIC AREAS
This section contains a brief summary of some of the main activities carried out by the IACHR through its Special Rapporteurships and thematic areas since its 131st regular period of sessions, held in March 2008.
A. Rapporteurship on the Rights of Afro-Descendents and against Racial Discrimination
On April 9, 2008, the Rapporteur on the Rights of Persons of African descent and Against Racial Discrimination, Sir Clare K. Roberts, met with members of the United States Congress, specifically the Inter-American Dialogue’s Congressional Members Working Group, to discuss the challenges facing Afro-descendents in the region. The Rapporteur noted areas of concern and proposed recommendations with respect to improving the protection of persons of African descent in the region through legislative initiatives, policies, and other means. The briefing was organized by the Inter-American Dialogue and the Inter-American Foundation, which also organized a roundtable on the Situation of Afro-descendents in Latin America on April 10, 2008. In the roundtable, Sir Clare Roberts made remarks with respect to the advances and challenges regarding the protection of the rights of Afro-descendents in the region, especially noting the lack of recognition of racism and racial discrimination by many countries in the region and the need for States to adopt special measures to prevent and eliminate racial discrimination.
On June 17-19, 2008, the Rapporteurship participated in the UN Preparatory Regional Conference for Latin America and the Caribbean in Brasilia, Brazil, in connection with the review process of the Durban Plan of Action adopted at the conclusion of the UN World Conference Against Racism held in 2001 in South Africa. The Rapporteur made remarks with respect to the role of the inter-American human rights system and provided observations on the advances and challenges to the protection of the rights of Afro-descendents with respect to the Durban Plan of Action goals, their implementation, and observations on the impact of such measures. Specifically, the Special Rapporteur discussed the importance of the process to develop a regional instrument against racism and racial discrimination and encouraged all members to participate in the process. On October 6-10, 2008, the Rapporteurship participated in the UN Preparatory Conference in Geneva, Switzerland, in connection with the Durban Review Process. The conference is intended to prepare a final draft document for consideration at the Durban Review Conference scheduled for April 2009.
The Rapporteurship continued to provide technical support to the Working Group of the Committee on Juridical and Political Affairs of the OAS Permanent Council, which is charged with the drafting of a new regional instrument, the Inter-American Convention against Racism and All Forms of Discrimination. The Rapporteurship is preparing comments to be presented to the Working Group in anticipation of an experts’ meeting to be scheduled before the end of this year.
B. Rapporteurship on the Rights of Women
The Rapporteurship on the Rights of Women is in the process of carrying out activities to address problems of discrimination and violence against women as primary barriers for the enjoyment and effective exercise of their human rights. The activities are focused on preparing specialized recommendations for the OAS Member States on discrimination against women in the exercise of their civil, political, economic, and social rights; following up on the recommendations in its thematic report entitled Access to Justice for Women Victims of Violence in the Americas (2007); and preparing and publishing reports on the situation of women in countries of the region.
With support from the governments of Finland and Spain, the Rapporteurship has begun two initiatives to compile qualitative and quantitative information with a view to identifying the major advances made and the challenges women face to be able to exercise their rights, free of discrimination, in the spheres of political participation and reproductive rights. The aim is to publish thematic reports on these issues.
As part of this effort, in February 2008 the Rapporteurship held a first working meeting on the issue of “Protection of Women’s Reproductive Rights,” to develop an initial approach to this issue. The meeting included the participation of representatives of civil society and international agencies who work on the protection of reproductive rights for women in the Americas. In addition, on July 15 of this year, the Rapporteurship organized a second working meeting with experts under the theme of “Discrimination against Women in the Exercise of their Reproductive Rights.” This meeting was intended to identify, through a participatory process, the principal advances made and the challenges women face in the exercise of their reproductive rights, encompassing issues such as the discrimination women may face in access to reproductive health services and access to information and to the education required to make informed decisions in this area.
In addition, on July 2, 2008, the Rapporteurship organized a working meeting with fifteen experts from different sectors in Buenos Aires, Argentina, for the purpose of compiling information on the situation of women in the sphere of political participation in Argentina, within the general framework of protecting the rights of women in that country. The plan is to incorporate this information in the regional report the Rapporteurship is preparing on this issue. Likewise, on Thursday, September 25, 2008, the Rapporteurship organized a meeting of experts in Caracas, Venezuela, on “Discrimination against Women in the Sphere of Political Participation from a Human Rights Perspective.” The meeting included the participation of 21 national and international experts from the government, international agencies, civil society, and the academic sector. The participants discussed and reflected on the principal achievements and challenges in the area of women’s political participation at the hemispheric level, from a perspective of human rights and discrimination. They also identified recommendations the Commission can issue with a view to improving States’ compliance with their human rights obligations.
The Rapporteurship also participated in various promotional activities, including a national symposium on “Sexual Violence: A Problem of Public Health and Social Justice,” which took place March 31 of this year in La Paz, Bolivia. The symposium was organized by the National Committee to Combat Sexual Violence—made up of various State and non-State entities—in order to arrive at intersectoral commitments to follow up on the recommendations regarding the problem of sexual violence that the IACHR made in its last report on the human rights situation in Bolivia. The Rapporteurship also participated in the conference entitled “Equality for All: Access, Discrimination, Violence, and Corruption,” organized by the International Association of Women Judges on March 27 in Panama City, Panama, and in a training workshop on the human rights of women in the sphere of health, organized by the Pan American Health Organization and the United Nations Population Fund in Lima, Peru, on June 30 of this year.
Likewise, the Rapporteurship on Women has been working on two thematic reports on the situation of discrimination and violence against women in Haiti and Chile, and the obstacles that victims and their family members face to access effective judicial protection when they denounce such acts. These two reports are being prepared based on the Rapporteurship’s on-site visits to those countries in 2006 and 2007.
C. Rapporteurship on the Rights of Indigenous Peoples
On April 30, 2008, the Rapporteurship on the Rights of Indigenous Peoples participated in a hearing before the Inter-American Court of Human Rights on the merits and on possible reparations and costs in the Case of Tiu Tojín v. Guatemala, held in Tegucigalpa, Honduras. During the hearing, the IACHR presented the final arguments in the case and the statements of witnesses and experts proposed by the Commission and representatives of the alleged victims. Likewise, on May 2, 2008, the Rapporteurship participated in the private hearing to follow up on compliance with the judgment of the Inter-American Court of Human Rights in the Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua, at the Court’s headquarters in San José, Costa Rica. During the hearing, arguments were presented by the parties on compliance with the judgment on the merits, reparations, and costs issued by the Court on August 31, 2001.
The Rapportership continued to advise the Chair of the OAS Permanent Council Working Group charged with preparing the draft American Declaration on the Rights of Indigenous Peoples. From April 14 to 18, 2008, the Rapporteurship participated in the negotiation session held at OAS headquarters on the quest for points of consensus.
As part of its activities for the promotion of human rights and indigenous peoples, the Rapporteurship participated in the United Nations Permanent Forum on indigenous affairs, held in New York on May 28-29, 2008. It also participated in various workshops held by governmental and nongovernmental organizations on the human rights of indigenous peoples.
The Rapporteurship participated in an on-site visit to Bolivia June 9-13 in order to gather information on the situation of Guaraní captive communities which continue to suffer conditions of bondage and forced labor analogous to slavery in Bolivia’s Chaco region. The IACHR delegation was headed by Commissioner Víctor Abramovich, in his capacity as Rapporteur on the Rights of Indigenous Peoples, and Commissioner Luz Patricia Mejía, as Rapporteur for Bolivia. During the visit, various meetings were held with State institutions, government authorities, local authorities, nongovernmental organizations, international agencies, civil society, and indigenous organizations, in La Paz, Sucre, Camiri, and Santa Cruz. The delegation also visited the community of Itacuatía, located in the Alto Parapetí region, in the department of Santa Cruz, where it gathered information and received testimony from members of the community. The delegation observed that the state of bondage and forced labor in which the Guaraní families live is an extreme manifestation of the discrimination under which Bolivia’s indigenous peoples and campesino communities have suffered historically and continue to suffer.
On August 8, the International Day of the World’s Indigenous People, the Rapporteurship issued Press Release No. 34/08, in which the IACHR, through the Rapporteur on the Rights of Indigenous Peoples, Víctor Abramovich, urged the OAS Member States to ensure that the human rights of indigenous peoples are respected and guaranteed, especially their rights to lands, territory, and natural resources, and to participation and consultation.
In addition, in order to strengthen the promotion and defense of the rights of indigenous peoples, a public competition was held for the post of specialist in human rights and indigenous law. Attorney Leonardo Alvarado, of Honduran-U.S. nationality, was selected, and he joined the Rapporteurship team on June 9, 2008. In addition, attorney Ivonne Barrios, of the Quechua people of Bolivia, was selected for the “Rómulo Gallegos-Indigenous Peoples” scholarship program for professional development. Ivonne Barrios joined the Rapporteurship team on May 3, 2008.
During the 133rd period of sessions, the Commission held public hearings in which it received information on the right to property of the indigenous peoples of Panama and on the right to the use and exploitation of natural resources and prior consultation with respect to the Cucapá indigenous people of Mexico. It also received information about compliance with the recommendations made to the State of Belize, published in the Report on the Merits No. 40/04, in the case of the Maya communities of the Toledo District in Belize, and the situation of the Hul’qumi’num Treaty Group in Canada.
Likewise, on October 25, the Rapporteurship held a meeting of experts on due protection of indigenous property rights and the right to consultation, and received information to be used in the preparation of a thematic report. The meeting included the participation of the United Nations Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, Professor James Anaya, as well as the participation of independent experts, representatives of funding bodies, and notable indigenous leaders.
D. Rapporteurship on the Rights of the Child
The Rapporteurship on the Rights of the Child, under the direction of Commissioner Paulo Sérgio Pinheiro, has been working on the preparation of thematic reports on mara gangs and the impact this phenomenon has had on the protection of human rights in Central America. It has also developed the content of a report on corporal punishment and a request for a consultative opinion on that issue.
With regard to activities to promote the human rights of children and adolescents, the Rapporteurship completed the creation of its Web site, a brochure, and a book to disseminate information about its mandate and functions, as well as the protection mechanisms available in the inter-American system for the human rights of boys, girls, and adolescents. The Web site and the brochure will soon be available to users of the system in the four official languages of the OAS.
With regard to educational activities, on May 14 the Rapporteurship was in charge of a presentation on the issue of “Protection of the Right to Health of Children and Adolescents under the Inter-American Human Rights System.” This was part of a national workshop on “Promoting the Protection and Integral Development of Children and Adolescents” through planning and programs with a focus on human rights, organized by the Pan American Health Organization (PAHO) in Guatemala City.
A similar educational activity took place in Haiti during the May 27-31 visit conducted by a delegation of the Executive Secretariat. The purpose of the visit was to evaluate the human rights situation of children and adolescents. The Commission decided to postpone a visit that was going to be made by the Commissioners in charge of this thematic Rapporteurship and the Rapporteurship for Haiti, due to the combination of political developments and the natural disasters that devastated the country. The Executive Secretariat delegation was in Port-au-Prince and the provinces of Saint Marc and Gonaïves. The delegation visited the “Carrefour” orphanage, the “Foyer de Sion” child-care center, and the Toussaint Louverture police headquarters in Gonaïves. Meetings were held with representatives of the government and international and national organizations that work on children’s issues in Haiti. In addition, an educational workshop was held on “The Protection of Children’s Rights in the Inter-American System,” geared toward public officials and civil society representatives.
Under the cooperation agreement signed between the IACHR and the UNICEF Regional Office for Latin America and the Caribbean, the Rapporteur conducted three working visits to Uruguay, Argentina, and Colombia, for the purpose of gathering information for the thematic report on juvenile criminal justice in the Americas.
On August 19, Rapporteur Paulo Sérgio Pinheiro visited Montevideo, Uruguay, where he met with representatives of the Ministry of Education and Culture, UNICEF, and the Committee on the Rights of the Child–Uruguay. The Rapporteur visited Buenos Aires, Argentina, on August 20–22, where he met with government authorities and civil society representatives. Among the State representatives, the Rapporteur interviewed officials of the province of Buenos Aires’ National Secretariat of Childhood, Adolescence, and the Family; with provincial judges specializing in childhood issues; and with representatives of Congress. Meetings were also held with representatives of the “Memory Commission of the Province of Buenos Aires” and with civil society organizations, in particular with members of the National Collective on the Rights of Childhood and Adolescence and the Forum for Early Childhood, as well as with the UNICEF team and national experts. During this visit, the Rapporteur made a presentation on the issue of “Challenges for the Full and Effective Compliance in the Hemisphere of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography”; this was part of the “Preparatory Meeting for the World Congress III on Sexual Exploitation” which took place August 19–22 in Buenos Aires. From September 15 to 19, the Rapporteur visited Bogotá to meet with authorities in charge of childhood issues and with representatives of civil society, and to participate in a seminar on “City, Conflict, and the Public Sphere: The Latin American Perspective,” organized by UNICEF on September 17-19. The Rapporteur held meetings with representatives of the Attorney General’s Office of the Republic, the People’s Defenders Office, the Office of the United Nations High Commissioner for Refugees, and the Alliance for Early Childhood, among other organizations.
As part of the agreement between UNICEF and the IACHR, the Rapporteurship sent out a questionnaire on juvenile criminal justice to the 35 OAS Member States. The deadline for the States to submit their responses was originally set to expire in October, but the Commission has decided to extend it until December 5, 2008. The IACHR is also inviting civil society organizations from throughout the region to participate, submitting responses to the same questionnaire and any other information they consider to be relevant on the subjects raised by the survey. The questionnaire will be available on the IACHR Web page until December 5. Currently, the Rapporteurship is planning to organize the first sub-regional consultation on juvenile justice, which will take place in November in Asunción, Paraguay. It also plans to hire a consultant who specializes in juvenile criminal justice issues to help fulfill the terms established in the IACHR/UNICEF project.
E. Rapporteurship on Migrant Workers and Members of their Families
Over the past six months, the Rapporteurship on the Rights of Migrant Workers and Their Families, under the direction of Commissioner Felipe González, has continued its investigation into detention conditions and due process rights of migrants in the United States. In the context of that investigation, the Rapporteurship has persistently tried to coordinate visits to immigrant detention centers in the United States. However, the Rapporteurship has been unable to conduct the visits due to U.S. government requirements that the Commission deems unacceptable.
In recent months, the Rapporteurship has interviewed former detainees and met with immigration advocates from different regions of the United States. In July, a delegation from the Rapporteurship held a series of meetings with congressional staffers to better understand current developments in immigration reform. The Rapporteurship is hopeful that it will be able to conduct interviews with pertinent government officials to gain the State’s perspectives on detention and due process issues for migrants in the United States.
The Rapporteurship conducted a fact-finding mission to Texas. The delegation met with civil society organizations, which placed the delegation in contact with more than 10 former immigrant detainees. The Rapporteurship has conducted approximately 20 interviews of former detainees since July. Finally, the delegation spent one day of its visit to Texas meeting with interested parties opposed to the construction of a wall along the Texas-Mexico Border.
During the 132nd period of sessions, the Rapporteurship participated in developing the Commission’s resolution expressing its concerns regarding the European Union Return Directive and the issuance of a letter requesting more information from the Dominican Republic regarding application of its 2004 Migration Law.
During the 133rd period of sessions, the Commission held thematic hearings on the potential human rights impacts of the proposed wall along the United States-Mexico Border and on due process concerns for migrants under U.S. immigration law and policy.
F. Rapporteurship on the Rights of Persons Deprived of Liberty
The Rapporteurship on the Rights of Persons Deprived of Liberty conducted an observation visit to Chile, from August 21 to 25, 2008. Commissioner Florentín Meléndez, in his capacity as Rapporteur, visited two juvenile detention centers (the San Joaquín Center for Provisional Internment of Minors, in Santiago, and “Tiempo Joven,” in San Bernardo); three prisons operated under concession (the Santiago I Preventive Detention Center, the Rancago Prison Complex, and the Valdivia Prison Complex); two State-run centers (the South Santiago Prison Center and the Valparaíso Prison Complex); and women’s detention centers (the Santiago Women’s Prison Center and the women’s sections of the Rancagua and Valparaíso prisons). The Rapporteur also met with high-level State authorities and representatives of civil society. Following the visit, the Rapporteurship delegation participated in the Second Meeting of Officials Responsible for Penitentiary and Prison Policies of the OAS Member States, which took place August 26-28 in Validivia, Chile. At the conference, Rapporteur Florentín Meléndez made a presentation on “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas.”
In addition, the Rapporteur conducted an observation visit to the Neuro-Psychiatric Hospital of Asunción, Paraguay, on September 11, 2008, to verify compliance with the precautionary measures granted by the IACHR on July 29, 2008 (PM 277/07). The Rapporteur also held meetings September 11-12 with authorities from Paraguay’s ministries of Foreign Affairs, Justice, and Public Health and Social Well-Being, and participated in the opening conference of the “Third National Congress of the Ministry of Public Defense of Paraguay.”
G. Office of the Special Rapporteur for Freedom of Expression
On March 27, 2008, the Office of the Special Rapporteur for Freedom of Expression published on its Web site a special study on the status of investigations into cases of journalists who were murdered from 1995 to 2005 for reasons that may be related to freedom of expression. The report had been approved by the IACHR during its 131st period of sessions.
In March 2008, before Dr. Ignacio J. Alvarez ended his term, the IACHR convened a competition for the election of his successor. During the period in which the Office of the Special Rapporteur was vacant, the office was under the responsibility of the Chairman of the Commission, Dr. Paolo Carozza. The competition was closed June 1, and five finalists were interviewed in July, during the Commission’s 132nd period of sessions.
On July 21, 2008, following the round of interviews, the IACHR elected Colombian attorney Catalina Botero Marino as Special Rapporteur for Freedom of Expression. Botero Marino was an Auxiliary Magistrate with Colombia’s Constitutional Court for eight years, among other positions. The new Special Rapporteur assumed her post during the first few days of October 2008.
On September 29, 2008, the Special Rapporteur participated in the “First National Conference on Access to Information” held in Lima, Peru, where she made a presentation on international standards and best practices in the area of freedom of expression. On October 14, 2008, Botero Marino spoke at an event called “The Price of Silence: Indirect Censorship in Latin America,” organized by the Inter-American Dialogue in Washington, D.C.
H. Unit for Human Rights Defenders
The Unit for Human Rights Defenders will prepare a follow-up report to its Report on the Situation of Human Rights Defenders in the Americas. It received many requests to do such a report, both from Member States and from civil society organizations and human rights defenders. The unit sent out a questionnaire to the Member States and to civil society organizations to gather information about the level of compliance with the report’s recommendations.
In addition, as part of the celebration of the 10th anniversary of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, the IACHR received a visit from the recently named United Nations Special Rapporteur on the Situation of Human Rights Defenders, Margaret Sekaggya.
The Unit for Human Rights Defenders has continued to receive information on the obstacles human rights defenders face in doing their work. In this regard, it has corroborated the fact that extrajudicial executions, threats, and acts of aggression continue to be the principal obstacle for those who are dedicated to defending and promoting human rights in the Americas. On that point, the IACHR reminds the States that its Report on Defenders establishes the obligation to create minimum conditions in which defenders can carry out their efforts; these include “the need to do away with environments incompatible with or dangerous for the protection of human rights.”
V. WORK RELATED TO THE INTER-AMERICAN COURT
During its sessions, the IACHR considered the general status of cases and provisional measures it is litigating before the Inter-American Court of Human Rights, and analyzed developments in the Court’s jurisprudence. The Inter-American Commission has submitted 120 contentious cases to the Court. Of those, 10 are pending public hearings; 6 are pending decisions; 91 are in the phase of compliance with judgments, and 13 cases are closed. Additionally, there are 44 active provisional measures in place.
Since the previous regular sessions, the IACHR has submitted the following new cases to the Court’s contentious jurisdiction:
• Case No. 12.511, Rosendo Radilla Pacheco v. Mexico. Link to the application filed to the Court (pdf, available only in Spanish). Link to the press release.
• Case No. 12.357, Members of the “Asociación de Cesantes y Jubilados de la Contralía General de la República (CGR)” v. Peru. Link to the application filed to the Court (pdf, available only in Spanish). Link to the press release.
• Case No. No. 11.385, Kenneth Ney Anzualdo Castro v. Peru. Link to the application filed to the Court (pdf, English). Link to the press release
• Case No. 12.554, Francisco Usón Ramírez v. Venezuela. Link to the application filed to the Court (pdf, English). Link to the press release
• Case No. 11.681, The Las Dos Erres Massacre v. Guatemala. Link to the application filed to the Court (pdf, English). Link to the press release
Since its 131st period of sessions, the Commission also participated in the LXXIX and the LXXX regular periods of sessions of the Court, held at the Court’s headquarters in San José, Costa Rica, in the XXXIII special period of sessions, held in Tegucigalpa, Honduras, and in the XXXV special period of sessions, held in Montevideo, Uruguay. During these sessions, the Commission participated in hearings convened by the Inter-American Court on contentious cases, provisional measures, and compliance with judgments, specified as follows:
Hearings on contentious cases: Juan Carlos Bayarri v. Argentina, María and Josefa Tiu Tojín v. Guatemala, Gabriela Perozo et al., “GLOBOVISIÓN” v. Venezuela, Luisiana Ríos et al. v. Venezuela, Tristán Donoso v. Panama, and Ticona Estrada v. Bolivia.
Hearings on provisional measures: Asunto Penitenciarías de Araraquara and Asunto Complexo do Tataupé – Fundación Casa (antigua FEBEM) (Brasil).
Hearings on compliance with judgments: Mayagna v. Nicaragua, Baena Ricardo et al. v. Panama, Ronald Raxcacó v. Guatemala, Fermín Ramírez v. Guatemala, Claude Reyes et al. v. Chile and Bulacio v. Argentina.
VI. FINANCIAL CONTRIBUTIONS
The IACHR would especially like to express its special appreciation for the significant financial support made by countries within and outside the region, as well as by foundations and other entities. These donations make it possible for the IACHR to carry out a great many of its activities related to the mandates issued by the OAS political bodies.
In particular, the IACHR appreciates the contributions made this year by the governments of the following OAS member countries: Canada, Chile, Colombia, the United States and Mexico. It would also like to thank the observer countries that support the Commission’s activities: Denmark, France, Ireland, Italy, Korea, Luxembourg, Spain, and Sweden. The Commission also welcomes and appreciates the contributions received from the Inter-American Development Bank, the European Commission, and the University of Notre Dame. These donations contribute in a concrete way to the strengthening of the inter-American human rights system in the Americas.
PRESS RELEASE
N° 47/08
IACHR TAKES CASES TO INTER-AMERICAN COURT OF HUMAN RIGHTS
Washington, November 11, 2008 — The Inter-American Commission on Human Rights (IACHR) submitted two cases to the Inter-American Court of Human Rights during the month of October 2008, against Barbados and Venezuela.
On October 31, the IACHR filed an application with the Inter-American Court against Barbados in Case No. 12.645, Tyrone DaCosta Cadogan, and requested that the Court grant provisional measures to protect the victim’s right to life and to humane treatment. The case involves the mandatory death sentence imposed on Mr. Tyrone DaCosta Cadogan by the Supreme Court of Barbados in 2005, in violation of fundamental rights protected by the American Convention on Human Rights. In its application, the Commission maintained that the State of Barbados is responsible for violating the rights to life, to humane treatment, and to a fair trial, to the detriment of Mr. Tyrone DaCosta Cadogan.
On October 31, the IACHR also filed an application with the Inter-American Court against Venezuela in Case No. 11.633, Oscar Barreto Leiva. The case involves the violation of the right to a fair trial in the criminal proceedings in which Mr. Oscar Barreto Leiva was convicted of crimes against the public patrimony as a result of his tenure as Sectorial Director General of Administration and Services of the Ministry of the Secretariat of the Office of the Presidency of the Republic, and the consequent violations of the victim’s rights to personal liberty and judicial protection. In its application, the Commission maintained that the State of Venezuela violated, to the detriment of Mr. Barreto Leiva, the rights to personal liberty, to a fair trial, and to judicial protection guaranteed by the American Convention on Human Rights.
Useful Links
Admissibility Report, Petition No. 12.645, Tyrone DaCosta Cadogan, Barbados
Cases taken by the IACHR to the Inter-American Court
PRESS RELEASE
N° 48/08
IACHR PREPARES FOLLOW-UP REPORT ON SITUATION
OF HUMAN RIGHTS DEFENDERS IN THE AMERICAS
Washington, D.C., November 13, 2008 — The Inter-American Commission on Human Rights (IACHR) announces that it has sent a questionnaire to the States and to civil society organizations in the region in order to obtain information for a new study following up on its Report on the Situation of Human Rights Defenders in the Americas.
The follow-up report will examine States’ compliance with the recommendations made by the Inter-American Commission in its original report on human rights defenders, which was published on March 7, 2006.
The deadline for responses to the questionnaire is December 15, 2008. Those interested in additional information about the questionnaire may contact Commission attorney Marisol Blanchard by telephone at 202-458-6281 or by e-mail at mblanchard@.
Links
Questionnaire assessing compliance with the recommendations made in the Report on the Situation of Human Rights Defenders in the Americas
Report on the Situation of Human Rights Defenders in the Americas
PRESS RELEASE
N° 49/08
IACHR CONDUCTS ON-SITE VISIT TO JAMAICA
Washington, D.C., November 14, 2008—The Inter-American Commission on Human Rights (IACHR) will conduct an on-site visit to Jamaica from December 1 to 5, 2008, in response to an invitation by the government of Prime Minister Bruce Golding. This will be the Commission’s first on-site visit to an English-speaking Caribbean country since 1994.
The Commission will observe the human rights situation in Jamaica, paying special attention to the situation of citizen security, the conduct of the country’s security forces, the administration of justice and prison conditions, as well as the situation of women and children, among other topics. With this purpose, the delegation will interview government authorities and meet with representatives of various sectors of civil society in Kingston and in the interior of the country. The Commission will also sign an agreement to strengthen institutional cooperation with The Norman Manley Law School of The University of the West Indies in Kingston.
The IACHR delegation that will visit Jamaica will be made up of its Chairman, Paolo Carozza, of the United States; its First Chair, Luz Patricia Mejía, of Venezuela; its Second Chair, Felipe González, of Chile; Commissioner Sir Clare K. Roberts, of Antigua and Barbuda, who is the Rapporteur for Jamaica; and Commissioners Víctor Abramovich, of Argentina, and Florentín Meléndez, of El Salvador, as well as the Commission’s Executive Secretary, Santiago A. Canton.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission’s mandate is to promote the observance of human rights in the region in accordance with the parameters established in the American Convention on Human Rights, which Jamaica ratified in 1978. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly. The OAS Member States have made a commitment to grant the IACHR all the facilities necessary to carry out its observation missions freely, in order to fulfill its mandate.
The Commission appreciates the cooperation and facilities provided by the government of Jamaica and by nongovernmental organizations and other civil society institutions in the planning and preparations for this visit.
PRESS RELEASE
PREN R50/08
OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION DEPLORES MURDER OF JOURNALIST IN MEXICO AND DEMANDS INVESTIGATION
Washington, D.C, November 14, 2008 - The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the Organization of American States deplores the murder of Armando Rodríguez Carreón, journalist of the daily El Diario at Ciudad Juárez in Chihuahua, Mexico. The Office of the Special Rapporteur urges Mexican authorities to investigate this crime promptly and effectively, and to duly prosecute those responsible.
On November 13 2008, early in the morning, Rodríguez Carreón was leaving his house in a car to drive his daughter to school, when unidentified persons approached him and shot him several times. The reporter died in the place. Rodríguez Carreón had been working for more than ten years covering police information for El Diario. According to local press and non governmental organizations, at the beginning of the year he received threats, so he left the city for a couple of months. During 2008, Ciudad Juárez has been the center of a wave of drug-related violence.
Under the American Convention on Human Rights, States have the duty to prevent, investigate, and sanction any violation of the rights recognized therein. Principle 9 of the Declaration of Principles on Freedom of Expression of the IACHR states that "the murder, kidnapping, intimidation of and/or threats to social communicators, as well as the material destruction of communications media violate the fundamental rights of individuals and strongly restrict freedom of expression." The Office of the Special Rapporteur requests an investigation on this crime and to duly prosecute those responsible.
PRESS RELEASE
N° 51/08
IACHR EXPRESSES CONCERN OVER SITUATION IN NICARAGUA
Washington, D.C., November 25, 2008 — The Inter-American Commission on Human Rights (IACHR) expresses its concern over the acts of violence that have taken place in recent weeks in Nicaragua.
According to the information received, persons armed with sticks, stones, machetes and homemade mortars participated in street confrontations that took place following the November 8 municipal elections, leaving several people injured.
The IACHR recalls that it is the obligation of the State to guarantee public security and respect for human rights, as well as to thoroughly investigate the facts and punish those responsible. The Inter-American Commission calls on the judicial authorities to urgently launch independent and impartial investigations to clarify the facts, identify and punish those responsible, and make reparations to the victims for moral and material damages. The IACHR also urges the State of Nicaragua adopt the necessary measures to guarantee the rights of persons under its jurisdiction, through effective and reasonable prevention mechanisms.
The IACHR likewise expresses its concern about statements by a high-level government official that could have an intimidating effect on Nicaraguan civil society organizations and the communications media. Statements of this tenor can adversely affect the exercise of the right to freedom of expression and the work of human rights defenders. The Commission reiterates that States must help to ensure the necessary conditions so that human rights organizations and members of the media can carry out their work without restrictions.
In order to follow these and other human rights situations in Nicaragua, the Commission asked the State to consent to a visit by the Rapporteur for that country. The IACHR believes that conducting such a visit will help to strengthen human rights in Nicaragua.
A principal, autonomous body of the Organization of American States, the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
PRESS RELEASE
N° 52/08
IACHR SIGNS COOPERATION ACCORD WITH THE NORMAN MANLEY LAW SCHOOL
Washington, D.C., November 25, 2008 — The Inter-American Commission on Human Rights (IACHR) and the Norman Manley Law School will sign an institutional cooperation agreement in Kingston, Jamaica. The ceremony to sign the memorandum of understanding will take place December 3, 2008, as part of an on-site visit the Inter-American Commission will conduct to Jamaica from December 1 to 5. The signing ceremony is open to the public.
Under this agreement, the Inter-American Commission and the Norman Manley Law School will deepen and strengthen their institutional cooperation ties in order to promote awareness of the inter-American human rights system in the Caribbean. Law students at that institution will learn how to use the system for the benefit of people in the Caribbean; to that end, internships at the IACHR will be offered, and seminars and workshops will be organized. In addition, the Inter-American Commission will be able to consult the Norman Manley Law School about legal systems and human rights issues in the countries of the Caribbean.
At the signing ceremony, scheduled to begin at 4 p.m., the Principal of the Norman Manley Law School, Professor Stephen Vasciannie, will speak, along with IACHR Chairman Paolo Carozza, the IACHR Rapporteur for Jamaica, Sir Claire K. Roberts, and the IACHR Executive Secretary, Santiago A. Canton . The panelists will take questions from the audience and the press.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
PRESS RELEASE
N° 53/08
IACHR LAMENTS VIOLENT DEATHS IN GUATEMALAN PRISON
Washington, D.C., November 25, 2008 – The Inter-American Commission on Human Rights (IACHR) deeply regrets the violent deaths of seven inmates in the prison of Pavoncito, in the municipality of Fraijanes, Guatemala. The IACHR calls on the State to urgently adopt the necessary measures to prevent similar events from happening again.
According to the information received by the IACHR, on Saturday, November 22, seven inmates were killed and several others were injured in a violent confrontation. According to several news accounts, it took five hours for the authorities to bring the situation under control.
The IACHR deeply regrets these events, expresses solidarity with the families of the inmates who were killed, and underscores that international law requires that the State of Guatemala to guarantee, first and foremost, the life and integrity of all prisoners. The IACHR also recalls that the State has the obligation to conduct an exhaustive investigation of these acts and to prosecute and punish those responsible.
Moreover, the Commission underscores that State human rights obligations include the obligation to adopt all necessary measures to adequately address the current prison situation. In this regard, the IACHR calls on Guatemalan authorities to urgently take appropriate actions and measures to solve the structural problems affecting the country’s prisons. The Commission will closely follow the State’s initiatives in this area.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
PRESS RELEASE
N° 54/08
IACHR CONCLUDES VISIT TO COLOMBIA
Washington, D.C., November 26, 2008 — The Inter-American Commission on Human Rights (IACHR) conducted a working visit to the Republic of Colombia from November 17 to 21, 2008. The IACHR delegation was headed by Commissioner Víctor Abramovich, Rapporteur for Colombia, who had technical support from staff members of the Executive Secretariat.
During the visit, Commissioner Abramovich met with national and local authorities and visited the city of Bogotá and the department of Chocó. In Bogotá, he held meetings with the Minister of Foreign Affairs, Jaime Bermúdez Merizalde; the Minister of Interior and Justice, Fabio Valencia Cossio; officials of the Office of the Public Prosecutor and officials of the Attorney General’s Office. In these meetings, the Rapporteur expressed his unease and concerns regarding the application of the Justice and Peace Law, the draft legislation on reparations for victims of the armed conflict, and reports of extrajudicial executions, as well as the situations of risk faced by human rights defenders. The IACHR delegation also met with the President of the Supreme Court, Francisco Ricaurte, and the President of the Constitutional Court, Humberto Sierra, from whom it received information about the situation of the judiciary in Colombia. The delegation expressed its appreciation for both entities’ important efforts to protect fundamental rights in the country. In addition, it held a meeting with officials of the Colombia Office of the United Nations High Commissioner for Human Rights, to share information about issues of common interest.
The Rapporteur likewise heard testimony from university students, community representatives, and members of civil society organizations regarding the human rights situation in Colombia and the growing number of threats made by the so-called Black Eagles (Águilas Negras) and other illegal groups. At a meeting with the National Indigenous Organization of Colombia (ONIC), the Rapporteur received information on deaths and forced displacements that have adversely affected indigenous peoples, as well as on the dire food and health situation that affects the rights of these peoples to survival. He also held a meeting with relatives of three young residents of Soacha, alleged victims of extrajudicial executions.
During the visit, the IACHR Rapporteur highlighted the challenges the government faces in clarifying the accusations against members of the public security forces implicated in the commission of extrajudicial executions and in adopting effective measures to prevent such conducts. In compliance with the mandate asigned to the IACHR by the OAS Permanent Council through its Resolution 859 (1397/04) Support to the Peace Process in Colombia, the Rapporteur also followed up on voluntary statements rendered in the framework of the Justice and Peace Law, as well as the on the start of the administrative reparations program established under Decree 1290, dated April 22, 2008. The Rapporteur observed and viewed positively the debate over public policies on reparations for victims of the armed conflict. During the visit, the Rapporteur learned in depth about the parliamentary discussion on the draft legislation addressing the reparation of victims. The Rapporteur noted that this draft legislation excludes from the administrative reparation programs those who have been victims of human rights violations committed by agents of the State, by requiring them to previously exhaust judicial recourse and to establish an indemnification ceiling for such reparations. The Rapporteur expressed his concern to the authorities regarding the difference in treatment between victims of illegal conduct perpetrated by groups operating outside the law and those perpetrated by agents of the State, a difference that could end up being discriminatory. Apart from this, the Rapporteur indicated that the ceiling foreseen under the draft legislation adversely affects the principle of comprehensive reparations, which constitutes a step backwards in terms of the rights such victims can exercise today. In the meeting with the Minister of Interior and Justice, Fabio Valencia Cossio, this official expressed the government’s intention to put forward before Congress an amendment to the draft legislation designed to eliminate indemnification ceilings and to institute abbreviated judicial procedures for these types of cases.
One of the main objectives of the Rapporteur’s visit was to gather information about the situation of Afro-Colombian communities that live in the basins of the Jiguamiandó and Curvaradó Rivers, in the department of Chocó, inorder to comply with a request from the Inter-American Court ofHuman Rights. The members of these communities have been protected since 2003 by provisional measures handed down by the Inter-American Court of Human Rights, and this year the Court requested the Commission to present a report in the context of the follow-up to these measures. The IACHR delegation visited a humanitarian zone located in collective territories along the Jiguamiandó River and held a series of meetings in the city of Riosucio. During its visit to the humanitarian zone, the delegation received information and testimony about acts of violence and intimidation perpetrated by illegal groups operating in the zone and confirmed the persistence of the risk factors that led the Court to intervene. These communities have been adversely affected by the occupation of the collective territory by companies in the business of exploiting palm oil. The IACHR Rapporteur received information about measures undertaken by Colombian State authorities to provide protection to the communities and to make effective the material restitution of the collective territory.
The IACHR appreciates the government’s collaboration in the course of the visit, as well as its willingness to engage in constructive, open dialogue on the human rights situation in the country and the proposed measures to improve it. During the visit, the IACHR delegation had the benefit of guarantees to be able to carry out its observation efforts with complete freedom and under conditions of security, as well as the best disposition on the part of ministers, officials, and members of the public security forces who were interviewed.
The IACHR, a principal, autonomous body of the Organization of American States (OAS), derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
Useful Links
Principal Guidelines for a Comprehensive Reparations Policy (2008)
Report on the Implementation of the Justice and Peace Law: Initial Stages in the Demobilization of the AUC and First Judicial Proceedings (2007)
Statement by the Inter-American Commission on Human Rights on the application and scope of the Justice and Peace Law in the Republic of Colombia (2006)
Press Release 26/05: IACHR Issues Statement Regarding the Adoption of the “Law of Justice and Peace” in Colombia
Report on the Demobilization Process in Colombia (2004)
PRESS RELEASE
N° 55/08
CIDH ANNOUNCES TRAINING COURSE IN HUMAN RIGHTS
Washington, D.C., November 26, 2008 – The Inter-American Commission on Human Rights (IACHR), the American University Washington College of Law (AU WCL), and the Bernard and Audre Rapoport Center for Human Rights and Justice of the University of Texas School of Law are organizing the fourth course on the inter-American and international systems for the protection of human rights.
The course will be offered in Spanish from March 16 to 27, 2009, during the IACHR’s 134th period of sessions in Washington, D.C. The course, which is designed for human rights defenders and organizations in the Americas, will offer technical training in how the regional and international human rights systems work and how to use them effectively.
More detailed information on the objectives, characteristics and content, course prerequisites, and the application process are available in Spanish on the IACHR Web site, as well as the application form. All inquiries should be directed to the course coordinator, Andrea Galindo, at agalindo@.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
Useful Links
More Information on the Course (Spanish only)
Application Form (Spanish only)
PRESS RELEASE
N° 56/08
IACHR BEGINS VISIT TO JAMAICA
Washington, D.C., December 1, 2008 — The Inter-American Commission on Human Rights (IACHR) today begins a five day visit to Jamaica. The delegation is made up of IACHR Chairman Paolo Carozza, of the United States; First Chair Luz Patricia Mejía, of Venezuela; Second Chair Felipe González, of Chile; and Commissioner Sir Clare K. Roberts, of Antigua and Barbuda, who is the Rapporteur for Jamaica, as well as the Commission’s Executive Secretary, Santiago A. Canton. During the visit, the IACHR has set up its headquarters at the Pegasus Hotel, 81 Knutsford Boulevard, Kingston 5, Jamaica.
During the visit, the IACHR will sign a cooperation accord with the Norman Manley Law School on Wednesday, December 3. Under this agreement, the Inter-American Commission and the Norman Manley Law School will deepen and strengthen their institutional cooperation ties in order to promote awareness of the inter-American human rights system in the Caribbean. The signing ceremony is scheduled to begin at 4 p.m. with presentations by the Principal of the Norman Manley Law School, Professor Stephen Vasciannie; the IACHR Chairman, Paolo Carozza; the IACHR Rapporteur for Jamaica, Sir Clare K. Roberts; and the IACHR Executive Secretary, Santiago A. Canton. The panelists will take questions from the audience and the press, followed by the signing of the memorandum of understanding.
A public forum on the inter-American human rights system will take place on Tuesday, December 2, organized jointly by the IACHR, the Ministry of Justice of Jamaica, and the nongovernmental organization Jamaicans for Justice (JFJ). The event, which will be open to the press, will start at 6:15 p.m. at the Blue Mountain Suite of the Knutsford Court Hotel, 16 Chelsea Avenue, Kingston 5.
The delegation will hold meetings with government authorities and civil society organizations, and will conduct observation visits in Kingston and in the interior of the country. The visit begins today with a meeting with the Minister of Foreign Affairs and Foreign Trade, Kenneth Baugh. At the end of the visit, the IACHR will hold a press conference, which will be held on Friday, December 5, at 12:00 noon, at the Belisario Suite of the Pegasus Hotel, 81 Knutsford Boulevard, Kingston 5.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission has the mandate to promote respect for human rights in the region, under the parameters established in the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
PRESS RELEASE
N° 57/08
IACHR TAKES CASE AGAINST COLOMBIA TO INTER-AMERICAN COURT
Washington, D.C., December 1, 2008 — The Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human Rights against Colombia on November 14, 2008, in Case No. 12.531, Manuel Cepeda Vargas.
The case involves the extrajudicial execution of Senator Manuel Cepeda Vargas on August 9, 1994, in Bogotá. The victim was a leader of the National Directorate of the Colombian Communist Party and a high-profile member of the political party Union Patriotica. The application concerns the lack of due diligence in the investigation and the lack of punishment of those responsible for the execution and the subsequent obstruction of justice; it also involves the lack of adequate reparations to the victim’s relatives.
The case was taken to the Inter-American Court because the Commission determined that the State had not complied with substantive recommendations contained in the report on the merits approved by the IACHR in accordance with Article 50 of the American Convention on Human Rights. In the report, the Commission concluded that the State of Colombia is responsible for violating the rights protected by the American Convention on Human Rights as a result of its failure to adopt the measures necessary to protect the life of Senator Manuel Cepeda Vargas and its lack of due diligence in the investigation, prosecution, and punishment of those responsible, among other aspects.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
Useful links:
Report on Admissibility on Case 11.227 (from which Case 12.531 was later separated and processed independently)
Applications filed with the Inter-American Court of Human Rights
IACHR Web site
PRESS RELEASE
N° 58/08
IACHR SIGNS COOPERATION ACCORD WITH THE NORMAN MANLEY LAW SCHOOL
Washington, D.C., December 4, 2008 — The Inter-American Commission on Human Rights (IACHR) and the Norman Manley Law School signed today an institutional cooperation agreement in Kingston, Jamaica.
“This is a great step forward to strengthen the relationship between the Commission and the Norman Manley Law School, and through the law school, with Jamaica and the Caribbean,” said the IACHR’s Executive Secretary, Santiago A. Canton.
IACHR Chairman, Paolo Carozza; Sir Clare K. Roberts, Commissioner and Rapporteur for Jamaica; and Executive Secretary Santiago A. Canton made presentations on the inter-American system on human rights before the signing of the memorandum of understanding at the Norman Manley Law School.
“Today represents the start of a very promising exchange between the school and the Commission,” said the schools’ principal, Professor Stephen Vasciannie.
Under this agreement, the Inter-American Commission and the Norman Manley Law School will deepen and strengthen their institutional cooperation ties in order to promote awareness of the inter-American human rights system in the Caribbean. Law students at that institution will learn how to use the system for the benefit of people in the Caribbean; to that end, internships at the IACHR will be offered, and seminars and workshops will be organized. In addition, the Inter-American Commission will be able to consult the Norman Manley Law School about legal systems and human rights issues in the countries of the Caribbean.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly
PRESS RELEASE
No. 59/08
IACHR ISSUES PRELIMINARY OBSERVATIONS ON VISIT TO JAMAICA
Kingston, Jamaica, December 5, 2008 – The Inter-American Commission on Human Rights (IACHR) issued preliminary observations today regarding its in loco visit to observe the human rights situation in Jamaica, which took place December 1-5 at the invitation of the government.
During its visit the Commission focused particular attention on the situation of citizen security in the country (including the operation of the criminal justice system and the conditions of persons deprived of liberty), and on the human rights of women, children, and persons suffering discrimination on the basis of their sexual orientation.
The IACHR observed an alarming level of violence in Jamaica that has affected all sectors of society for many years. The persistence of this widespread violence has had severely negative consequences for the human rights of the Jamaican people. The Commission’s preliminary observations conclude that although the government has undertaken certain constructive efforts to address the problem, these remain insufficient. They are hampered by inadequate resources, a failure to sufficiently address the severe shortcomings of the security forces and the judicial process, and the lack of integral, effective policies to ameliorate the social conditions that generate the violence.
The profound social and economic marginalization of large sectors of the Jamaican population not only contributes to sustaining the high levels of violence, but also results in the poorest and most excluded sectors of the population being disproportionately victimized by the overall situation of insecurity. In the same way, the deep inequalities pervading Jamaican society exacerbate the state’s failure to adequately protect and guarantee the human rights of women, children and other vulnerable groups. In particular, the IACHR found the violent persecution and fear to which gays and lesbians are subject in Jamaica to be deplorable.
The Commission’s preliminary observations identify a number of other human rights issues of particular concern, including severe problems in the administration of justice, conditions of detention and incarceration, the treatment of the mentally disabled, and freedom of expression. In particular, the Commission urges the government of Jamaica to address immediately the inhuman conditions of detention that the IACHR observed at the lockup facility of the Hunts Bay police station.
The complete text of the Commission’s preliminary observations follows. During 2009 the IACHR will prepare a full, final report on its visit, with specific recommendations.
The IACHR delegation to Jamaica included Commissioners Paolo Carozza, Luz Patricia Mejia, Felipe Gonzalez, and Clare Roberts, as well as the IACHR Executive Secretary Santiago Canton and Secretariat staff. The Commission offers its thanks to the government and people of Jamaica for their assistance with the visit. In particular, the Commission wishes to note that the government officials with whom it met provided information with transparency, and were frank and open in recognizing the seriousness of the human rights challenges.
PRELIMINARY OBSERVATIONS ON THE COMMISSION’S VISIT TO JAMAICA
Kingston, Jamaica, December 5, 2008 — The Inter-American Commission on Human Rights (IACHR) concluded today a visit to Jamaica, which took place December 1-5 at the invitation of the government. At this time the Commission offers its preliminary observations on the visit and will prepare a full report to be issued during 2009.
The Commission verified an extremely high level of violence in Jamaica, which has one of the highest murder rates in the world. The historical response of the State has been inadequate, due to the absence of an integral policy to address and prevent violence, the failure to dedicate sufficient resources to the problem, and the absence of an effective response by the police, judiciary and other authorities. This has led to a progressive deterioration of the human rights situation in the country. This critical situation disproportionately affects the poorest sectors of the population, as well as women, children and people who face discrimination on the basis of sexual orientation. The Commission is aware that the roots of many of these problems are found in social and economic conditions, and that they will only be solved over time through the collective efforts of Jamaican society.
The widespread violence affects all sectors of Jamaican society. More specifically, this violence has resulted in over 1,500 deaths over the last year, including both civilians and members of the security forces. Of the total reported deaths, statistics indicate that, since 2004, over 700 people have been killed by police officers. According to these statistics, during 2007 police shot and killed 272 people, and shot and injured another 153 people. As of September 2008, reports indicate that police had shot and killed 158 people since the beginning of the year.
While in Jamaica, the Commission was informed that a number of these deaths took place in circumstances consistent with extrajudicial executions at the hands of police officers. Sources indicated that victims are often young men or boys from the inner cities and that in some instances they are unarmed and pose no threat to police. In addition to the use of lethal force, the Commission was informed that police use measures of excessive force and arbitrary arrest and detention, further aggravating the situation of fear and victimization of the population.
Within this context of violence, police officers, many of whom serve with dedication and place themselves in harm’s way to serve their communities, also become victims. Government sources informed the Commission that over the last 12 years, an average of one police officer has been killed every month, and that in the last four years, 20 police officers have been killed per year.
The Commission received some reports of greater receptivity on the part of the police to dialogue with representatives of civil society about needed reforms. However, the high number of police shootings of civilians and the lack of clarification and accountability in many cases have contributed to a situation of impunity that undermines the credibility of the police and the confidence of the public. This lack of credibility, in turn, seriously limits the capacity of the police to respond to crime, creating a vicious cycle that must be broken if progress is to be made in the restoration of peace and order.
The main victims of violent crime in Jamaica are people living in poor, overcrowded inner-city areas and affected by high rates of unemployment and lack of access to education, health and housing. More than a third of the population of Kingston lives in these communities, which have suffered many years of State neglect. This failure of the State has been accompanied by the proliferation of armed gangs that exercise social control through ruthless violence. High level government officials reported to the Commission that in some parts of the island these gangs have close ties to the political parties of Jamaica.
Administration of justice
There is broad consensus in Jamaica on the urgent need to reform the administration of justice, which has proven ineffective in responding to the needs of the people, and which contributes to the perpetuation of violence by failing to hold perpetrators accountable. While in Jamaica, the Commission heard about high levels of impunity for violent crime and, in particular, for police shootings in circumstances that have not been clarified. The Commission also heard repeatedly the cry for justice. Furthermore, the State has failed to provide basic due process to people caught up in the criminal justice system.
The Commission received consistent reports that the police and judiciary frequently treat persons from socioeconomically disadvantaged sectors of society with discrimination and disrespect. Sources reported on specific initiatives of both the state sector and civil society aimed at improving this situation, but it remains a severe problem. Justice is administered with one standard for the rich and another for the poor.
In this connection, persistent levels of deadly violence and impunity, including the lack of accountability for abuses of the police, have created an environment of fear and intimidation amongst all sectors of the population which causes individuals to refrain from pursuing a legal remedy before the courts. This fear and the lack of confidence, in turn, have been identified by police and judicial authorities as key challenges in obtaining witness testimony for criminal trials.
The information gathered by the Commission indicates that most of the institutions that participate in the administration of justice lack the necessary resources to perform their work, and that the design of the system and procedures applied require major reforms. The Commission was able to verify how problems in the different stages of criminal investigations form a chain of causality, with deficiencies in one stage creating deficiencies in later stages.
Looking at the first steps in a murder investigation, for example, the Commission was informed by State sources that the police often fail to collect information necessary for the Pathology Unit of the Ministry of National Security to carry out an adequate forensic examination. The Commission confirmed that the lab is understaffed and underfunded. While the recommended average number of autopsies per pathologist is 250 to 300 per year, the Commission learned that pathologists in this lab each conduct approximately 800 per year. In these circumstances, the reports are incomplete and delayed, and therefore less useful as proof in the investigation and subsequent proceedings. The Commission has been informed that there is a new public morgue currently under construction; its completion is urgently required.
The National Forensic Laboratory also plays an important role in criminal investigations, and the Commission was able to observe that it too lacks the resources necessary to produce full and thorough analyses and reports in all cases. While the Commission was able to observe updated ballistics equipment, it was also able to observe the lack of sufficient human resources. The Commission received information that a significant number of cases remain in a backlog due to the insufficient resources of the office.
There are serious limitations on access to competent representation for people arrested or brought before the courts. The Legal Aid Act that came into force in 2000 was a positive step forward. However, in many instances, criminal defendants cannot afford legal representation and legal aid is not always available. Moreover, for those who are able to obtain such aid, there are not sufficient standards or supervision in place to ensure uniform quality of representation. The Commission also received information to the effect that certain charges are excluded from the coverage of legal aid, and has yet to receive information about how indigent persons under such charges obtain representation. Once again, people with limited economic resources are those most affected by this problem.
The Commission was informed of severe deficiencies in the criminal justice process, ranging from the inability to assure witness protection to extended delays in criminal cases. Persons who have been arrested and detained may have to wait days, weeks or even months before they are presented before a judicial officer. Various sources indicated that delays in investigation and in reaching a decision as to charging and prosecution are a contributing factor in the failure to resolve these cases. The Commission was informed that the Director of Public Prosecutions and the Coroner’s Court both have a backlog of cases pending decision, some dating back to 2000.
Users of the justice system reported consistently that access to a remedy is neither simple nor prompt. While government authorities indicated that additional judges had been hired, a number of judicial authorities reported that the demand exceeds their capacity. Just with respect to the mechanics of the process, lawyers reported that it may take a year to produce the transcript from the court of first instance that is necessary to present a case before the Court of Appeals. The court system in Jamaica suffers from serious deficiencies in specialized training and access to information. The Commission observed that some judges do not have current copies of the legislation in force that they must apply, and that some don’t have access to computers or the internet. The Commission was informed of an instance in which legislation that was changed in 2004 was nonetheless applied until 2005 because judges lacked access to the updated law.
Impunity in cases of lethal use of force by police is of special concern to the Commission. According to the information received by the Commission, only one police officer has been convicted in recent years for an extrajudicial killing. Only a minimal percentage of police officers are charged in cases of police killings, and in the cases of those who are tried the process is fraught with obstacles, and usually ends in acquittal. Various sources indicated that the Bureau of Special Investigations lacks the resources to investigate claims of unlawful killings and abuse by police, is not proactive, and that its officers remain part of the police force generating a perception that the Bureau is not sufficiently independent. The government itself recognizes that the Police Public Complaints Authority does not engender public confidence. Authorities indicated that the Parliament is deliberating on the creation of a new Independent Commission of Investigation to investigate killings at the hands of police. The Commission emphasizes that it is crucial that any investigative body of this nature be invested with the independence and autonomy, including resources, necessary to discharge its mandate.
Both government and civil society recognize the urgent need to implement a comprehensive policy to address the serious deficiencies in the administration of justice. In this respect, the Commission wishes to emphasize the importance of the work done by the Jamaican Justice System Reform Task Force and the urgent need to implement key recommendations contained in its Preliminary Report, released in May 2007.
In addition, the Commission has received information about several bills pending in Parliament to address these challenges, and highlights the importance of carrying out the process of reform with transparency, consultation with civil society, and compliance with international standards. In this regard, even though the government indicated that these bills are public documents, civil society representatives expressed having had some difficulty in being able to obtain them. The Commission has also received information about initiatives being developed and implemented by the Ministry of Justice to meet the pressing challenges. Certain features of these reform initiatives may be helpful in improving the effectiveness of the justice system, such as the proposed creation of a Special Coroner. Other reform bills, and in particular the proposal to extend the period of detention without bail to 60 days, cause the Commission concern that the serious problems of due process and prolonged arbitrary detention may only be exacerbated.
The death penalty
The Commission is aware that the death penalty has been and remains an important point of consideration and debate in Jamaica. Accordingly, the Commission considers it opportune to clarify how the death penalty is dealt with in the inter-American human rights system.
The Convention subjects the application of the death penalty to specific conditions and restrictions. For example, certain heightened requirements of due process must be strictly observed and reviewed; the penalty must be limited to the most serious crimes; and considerations relative to the circumstances of the defendant and the crime must be taken into account. The Convention does not allow the death penalty to be reestablished in states that have abolished it, and in this way looks toward a gradual reduction in its application. The application of this penalty is subject to strict scrutiny in all respects.
In this regard, the Inter-American Commission, the Inter-American Court of Human Rights and the Judicial Committee of the Privy Council have all established that the imposition of the death penalty as the mandatory punishment in capital cases is incompatible with regional and constitutional guarantees. As a result of this case law, a number of Caribbean countries including Jamaica have implemented reforms in law or practice to require that judges give consideration to the circumstances of the crime and the defendant. The Commission has also issued case reports establishing that the imposition of the death penalty on persons who were juveniles at the time of the crime in question is incompatible with international standards.
Rights of persons deprived of liberty
The Inter-American Commission consistently monitors the situation of human rights of persons deprived of liberty. Throughout the hemisphere, the Commission has insisted upon the importance of policies oriented toward the rehabilitation and reincorporation of prisoners in society. In this respect, the Commission has recently approved a document on Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas that seeks to orient public policies to guarantee the right of detainees to humane treatment and dignity.
In Jamaica, the delegation visited prisons, police holding cells and other detention facilities. The Commission was able to examine the conditions of St. Catherine Adult Correctional Center and found that positive measures were put in place to ensure an adequate level of hygiene, while the medical center, with five full-time doctors, six seasonal doctors and 40 beds, provides antiretroviral treatment to dozens of inmates with HIV, although some other drugs are not always readily available. Skills training programs are available to a fourth of the prison population, and they are able to train at the prison facilities, which include a bakery, a wood shop and a metal craft shop, among others. Nevertheless, many of the areas of this prison facility were overcrowded, with 1,240 inmates in a prison built for 850, and the delegation saw up to four people in an individual cell.
The problem of overcrowding is even more critical in the police holding cells, where arrested people are locked-up with persons detained on remand in completely inadequate spaces. The delegation visited the holding cells of Spanish Town and Hunts Bay police stations and found that the detainees have to share dark, un-ventilated and dirty cramped cells. Police officers in Spanish Town reported that the mentally-ill detainees were locked-up in the bathroom of the holding section. The delegation was particularly shocked by the inhumane conditions found at Hunts Bay police station, where the detainees, crowded in numbers of up to six persons per cell, live amongst garbage and urine with absolutely no consideration for their dignity. The Commission calls for urgent action to be taken to transfer the persons detained at Hunts Bay to a place that offers adequate standards of detention.
At this time, the Commission specifically recommends that the State comply with the applicable international human rights standards and take the necessary measures to resolve the problem of overcrowding in prisons and police holding cells. The State must also make efforts to improve the quantity and quality of food so as to ensure adequate nutrition. Additional efforts are needed to allocate more resources to the medical attention of inmates in order to guarantee that they have access to adequate medical, psychiatric and dental care, and to appropriate medication. The Commission welcomes the efforts of the government to put into place rehabilitation programs, and encourages the expansion of such initiatives so that more inmates benefit. Efforts should also be made to expand educational and cultural activities available in prisons, and so that persons deprived of liberty can maintain direct and personal contact through regular visits with members of their family, partners and legal representatives.
Rights of women
During its visit, the Commission has confirmed that some important steps have been taken in Jamaica to protect the right of women to be free from discrimination and violence, including the ratification of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, the adoption of legislative reforms, and the establishment of support services. These efforts, however, have yet to change the lives of the many women who continue to face different forms of discrimination, and those subjected to violence in the home, sexual harassment, rape and incest. Further, the Commission was informed that, while more women participate in the political process, they have yet to hold elected office in greater numbers.
The enactment of the Domestic Violence Act and subsequent amendments, as well as the more recent Spousal Property Act, have brought about key changes in the legal framework applicable to gender-based violence and discrimination. However, other necessary changes, such as reforms to provisions concerning rape and other sexual crimes, remain pending. Organizations working with the rights of women reported that the government has been open to dialogue about their concerns, and has consulted some such organizations in relation to justice reform initiatives, as well as draft legislation brought before Parliament concerning the rights of women.
The State must act to translate its obligations under national and international law into practice. Direct service providers reported that women do not trust the judicial system as a mechanism to prevent or respond to gender-based violence. Sources concurred in indicating that the courts are slow and the processes cumbersome. Various sources indicated that victims of sexual violence, for example, may be subjected to bias or disrespect in all stages of the process.
Both State and civil society representatives reported that the situation of poverty and exclusion found, for example, in many inner city areas has a disproportionate impact on women. These sources reported that the economic situation of women and their families is affected by greater rates of unemployment and lower salaries than men, and that this produces especially serious consequences for the many single mothers, aunts and grandmothers raising children.
Rights of children
Children are especially vulnerable to the widespread violence that affects Jamaican society. Children are being targeted for kidnappings accompanied by murder and/or rape. Since 2003, a total of 398 children have been killed by violent means either due to gang warfare or attacks, abductions, rape and murder. Another 441 have been injured by guns. A large percentage of people affected by violent crime are people under the age of 18. In particular, many of those reportedly killed by police are adolescent youths.
While some cases of violence against children have been investigated and clarified during the last five years, many remain unsolved, pointing to a failure of the State to apprehend child predators and murderers. For example, of the 71 child-murder cases recorded last year, 41 remain unsolved. This year, of the total 63 cases to date, only 16 have been cleared up.
With respect to the conditions of children in State institutions, the Commission received information that approximately 2,402 children are housed at 57 Children’s Homes and Places of Safety supervised by the Jamaican government’s Child Development Agency. According to information received by the Commission, the Jamaican government’s child-care system suffers from disturbing levels of sexual, physical and mental abuse of children at the hands of caregivers, and urgently requires reforms and additional resources.
The Commission received information that the conditions of detention of juveniles in police holding cells and detention centers fail to comply with international standards. In particular, the Commission found that juveniles are held in overcrowded centers and are mixed with adults. The Commission also received information on corporal punishment and other forms of degrading treatment applied to them. The duration of the punishment established in certain cases is also of particular concern to the Commission, as are the reports on lack of legal counsel. The IACHR emphasizes that international standards provide that deprivation of liberty in the case of children may only be applied as an exceptional measure, and that there is accordingly a need to implement alternative mechanisms to imprisonment.
Discrimination based on sexual orientation
The Commission strongly condemns the high level of homophobia that prevails throughout Jamaican society. This homophobia has resulted in violent killings of persons thought to be gay, lesbian, bisexual or transsexual, as well as stabbings, mob attacks, arbitrary detention and police harassment. The resulting fear in turn makes it difficult for people within this group to access certain basic services, for example, medical services that might reveal their sexual orientation. Defenders of the rights of gays, lesbians, bisexuals and transsexuals have been murdered, beaten and threatened, and the police have been criticized for failing in many instances to prevent or respond to reports of such violence. The State must take measures to ensure that people within this group can associate freely, and exercise their other basic rights without fear of attack.
During its visit, the Commission received reports on four murders in circumstances suggesting homophobia over a period of a year and a half. One such murder was reportedly a consequence of the firebombing of the house of a person thought to be homosexual, and another man perceived to be homosexual was chopped to death by machete. The IACHR reminds the government and the people of Jamaica that the right of all persons to be free from discrimination is guaranteed by international human rights law, specifically the American Convention on Human Rights. The IACHR urges Jamaica to take urgent action to prevent and respond to these human rights abuses, including through the adoption of public policy measures and campaigns against discrimination based on sexual orientation, as well as legislative reforms designed to bring its laws into conformity with the American Convention on Human Rights.
Rights of persons with disabilities
The Commission received information about the situation of persons with mental disabilities, notably the lack of adequate, specialized facilities for the care and protection of this population, and acts of violence and discrimination committed against them. In particular, during its visit to Spanish Town, the Commission was informed that there are roughly 10,000 mentally disabled persons living in St. Catherine, without access to a specialized facility for their care and protection. While visiting police station lock-ups in Spanish Town and the St. Catherine’s prison facility, the Commission documented at least 4 mentally disabled persons being held in the police station lock-ups. Further, the Commission received information about acts of deadly violence perpetrated against persons with mental disabilities, some of whom live on the streets.
Rights of persons with HIV/AIDS
The Commission received information about the situation of discrimination against HIV-infected persons in Jamaican society. Approximately 27,000 persons in Jamaica are reported to be infected with HIV, 73% of these are between the ages of 20 and 49. The Commission was informed that once an HIV-infected person’s family and community are made aware of his/her status, they are often rejected from their homes and communities. Further, HIV infected persons are reportedly denied equal access to healthcare due to discrimination based on their medical status. Public education and prevention outreach with the HIV infected population is difficult because this illness remains a social taboo in Jamaican society and largely associated with gays, lesbians, bisexuals and transsexuals, who also suffer severe discrimination. Given that Jamaica’s legislation criminalizes sodomy, gay persons living with HIV are especially vulnerable to discrimination and violence. Finally, HIV persons who are homeless constitute a particularly vulnerable population in need of a more adequate State response.
Right to freedom of expression
The Commission met with media directors, journalists and officials of the Media Association of Jamaica and the Press Association of Jamaica, where it received information on issues related to legal standards that affects the exercise of the right of freedom of expression. In this regard, the Commission received information on legislative changes that have been recommended by a government-created task force and wishes to emphasize the importance of ensuring that the recommendations of this report receive expeditious consideration by the Parliament.
Work of nongovernmental organizations
The Commission wishes to commend the many nongovernmental organizations involved in defending human rights in Jamaica. The Commission visited a number of local centers providing basic services and support for disadvantaged sectors of society, as well as initiatives designed to restore peace at the local level, or care for those with HIV/AIDS or severe disabilities. In all of these instances the Commission was very impressed by the constructive work being done.
Conclusions
On the basis of the information received from multiple sectors including governmental authorities, representatives of NGO’s and civil society, as well as victims or their family members, the IACHR has concluded that Jamaicans are caught in a deeply-rooted situation of violence and human rights violations. The measures taken by the State up until now have not had significant results in changing this situation, which disproportionately affects the economically disadvantaged and socially marginalized sector of society.
The Commission emphasizes that international instruments, including the American Declaration on the Rights and Duties of Man and the American Convention on Human Rights, establish the right to equal and effective protection of the law. All States have an obligation to respect and guarantee the free and full exercise of rights and freedoms without discrimination. Jamaica has an obligation to protect all its inhabitants and ensure the full enjoyment of human rights by all persons.
Human rights and citizen security are not opposing values. To the contrary, they are mutually reinforcing. In a context of extreme citizen insecurity and violence, such as that which prevails in Jamaica today, people are unable to exercise certain basic rights. The State has a duty to protect the citizenry, take reasonable measures to prevent violence, and respond to violent crime with due diligence and proportionality. The State must apply these duties equally to all by designing and implementing integral policies that guarantee citizen security and human rights, including political and civil rights as well as economic, social and cultural rights.
While one of the Commission’s main objectives during this visit was to observe the situation of citizen insecurity, this issue cannot be evaluated in isolation of other factors that contribute to the high level of violence in Jamaican society. As stated by the United Nations in a general report on the Millennium Development Goals “Poverty increases the risks of conflict through multiple paths…. Many slums are controlled by gangs of drug traffickers and traders, who create a vicious cycle of insecurity and poverty. The lack of economically viable options other than criminal activity creates the seedbed of instability and increases the potential for violence.”
In this respect, the Commission emphasizes the close link between corruption and the effective enjoyment of the human rights of the people. During this visit, the Commission was constantly reminded by government officials and civil society representatives that one of the major problems affecting Jamaican development is a pervasive corruption that seriously undermines the extraordinary potential of the country and is a constant obstacle for millions of Jamaicans to overcome poverty. In addition, corruption has a direct impact on the ability of the State to allocate resources to address the most serious problems affecting the Jamaican people. A significant reduction in malfeasance in respect of public funds could begin to ameliorate the lack of resources that the Commission observed in key areas of government, such as in the administration of justice, education, health and housing. The Government reported taking specific steps in this regard, including the arrest this year of over 70 police officers linked to alleged corruption.
The Commission identified many problems that are a result of the lack of resources that pervade all State institutions, with a profound negative impact on the enjoyment of human rights of all Jamaicans, especially the poor. In this regard, the Commission notes the difficulties in obtaining statistics regarding many of the challenges mentioned in these observations, and highlights that these statistics are necessary in order to diagnose the nature and scope of the problems, and evaluate the impact of public policies, which in turn would help government authorities decide on an efficient allocation of resources.
Finally, the Commission recommends that the State give consideration to the acceptance of the contentious jurisdiction of the Inter-American Court of Human Rights. This would provide an additional source of support for future advances in favor of the protection of human rights, and would also allow Jamaica to contribute its experience to the development of regional human rights system.
The Commission commends the openness of the government to engage with civil society and encourages it to maintain this positive attitude. The Commission is aware that many of the problems identified during its visit are structural ones and have affected Jamaican society for many years. In this sense, the Commission recognizes that no solutions will be immediate and that Jamaican society will have to work together to design and implement appropriate answers. The Commission’s hopes that this visit, the preliminary observations and the country report that the IACHR will prepare in the coming months will help the government and the people of Jamaica in developing a national plan to advance the protection of human rights.
On the visit
The IACHR delegation that visited Jamaica was made up of its Chairman, Paolo Carozza, of the United States; its First Vice Chairperson, Luz Patricia Mejía, of Venezuela; its Second Vice Chairman, Felipe González, of Chile; and Commissioner Sir Clare K. Roberts, of Antigua and Barbuda, as well as the Commission’s Executive Secretary, Santiago A. Canton, and staff members of the Executive Secretariat. The IACHR is the principal organ of the Organization of American States (OAS) responsible for promoting the observance and protection of human rights in the region, in accordance with the obligations established in the American Convention on Human Rights, which Jamaica ratified in 1978. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
During the visit, the Commission met with representatives of the Jamaican government and members of civil society. The Commission met with the Prime Minister, Bruce Golding; the Minister of Foreign Affairs and Foreign Trade, Kenneth Baugh; the Minister of Justice, Dorothy Lightbourne; the Minister of National Security, Trevor MacMillan; the Commissioner of the Police, Rear Admiral Hardley Lewin; the Public Defender, Earl Witter; the Chief of Staff of the Jamaica Defence Force, Major General Stewart E. Saunders; the Director of Public Prosecution, Paula Llewellyn; the Director of the National Forensic Laboratory, Judith Mowatt; the Executive Director of the Bureau of Women’s Affairs, Faith Webster; the Head of the Bureau of Special Investigations, A. C. P. Gause; the Executive Chairman of the Police Public Complaints Authority, Justice Lloyd Ellis; the Vice President of the Resident Magistrates Association, Cresencia Brown, among others. The delegation also had meetings with the Coroner of Kingston, the Pathology Unit at the National Security Ministry, and the Police Superintendent for Spanish Town, and visited the Council on Legal Aid in Kingston. In Montego Bay, the delegation visited the Legal Aid Office and held meetings with the Mayor, Charles Sinclair; Magistrate of the Family Court Rosalie Toby; the head of the Peace Management Initiative in Montego Bay, Bishop Dufour, and a representative from the Police Civilian Oversight Authority, Reverend Jackson and civil society organizations. Furthermore, the Commission visited St. Catherine Adult Correctional Center, the holding cells of Spanish Town and Hunts Bay police stations and St. Andrew’s Juvenile Remand Center. In addition, the Commission held discussions with representatives of different sectors of civil society, including Jamaicans for Justice, Independent Jamaican Council for Human Rights, The Farquharson Institute of Public Affairs, Jamaica Forum for Lesbians All-Sexuals and Gays (J-FLAG), Women Inc, Women’s Media Watch, Association of Women’s Organizations in Jamaica, Jamaica Women’s Political Caucus, Women Empowering Women, Women’s Resource and Outreach Centre, Youth Opportunities Unlimited, Jamaican Coalition for Rights of the Child, and Justice and Peace Center in Montego Bay, and met with religious leaders, including Monsignor Richard Albert in Spanish Town and Missionaries of the Poor in Kingston. The Commission also held meetings with the Jamaican Bar Association, Southern Bar Association of Jamaica, and The Norman Manley Law School Legal Aid Clinic. In addition, the Commission co-organized a promotional activity with the Ministry of Justice and Jamaicans for Justice, and signed a Memorandum of Understanding with the Norman Manley Law School aiming to deepen and strengthen institutional cooperation ties in order to promote awareness of the inter-American human rights system in the Caribbean.
The Commission extends its sincere appreciation to the government and people of Jamaica for their assistance with this visit. The IACHR thanks the government for providing the cooperation and facilities required to carry out the visit. It thanks the people of Jamaica, including the representatives of nongovernmental and civil society organizations who provided information and hospitality during the visit. The Commission also extends its appreciation to the OAS Country Office for its helpful assistance and cooperation. The IACHR expresses its special appreciation for the important financial support of the European Commission and Luxembourg, whose donations helped to make the visit possible.
PRESS RELEASE
N° 60/08
IACHR CONDEMNS ATTACK AGAINST MEDICAL MISSION IN COLOMBIA
Washington, D.C., December 12, 2008 – The Inter-American Commission on Human Rights (IACHR) strongly condemns the attack against a medical mission in Colombia that took place last weekend, causing the death of two people.
According to the information received by the IACHR, on December 7, 2008, a medical mission of the Colombian Institute of Family Well-Being (Instituto Colombiano de Bienestar Familiar) was attacked with explosives in the department of Caquetá, n the region of Caguan. According to official information, the attack was perpetrated by the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, FARC) and caused the death of psychologist Yamid Correa Calderón and the driver John Alape. Official sources also indicate that another three people were injured in the attack: social worker Claudia Gómez, teacher Diana Pinto, and nutritionist Laura Melisa Barrios.
The IACHR once again strongly condemns indiscriminate acts of violence committed against the civilian population, which are violations of international humanitarian law.
PRESS RELEASE
N° 61/08
IACHR THANKS BRAZIL FOR ITS FINANCIAL CONTRIBUTION
Washington, D.C., December 16, 2008 – The Inter-American Commission on Human Rights (IACHR) appreciates the significant financial contribution of $300,000 made to the Commission by the Federative Republic of Brazil. This donation will help strengthen the inter-American human rights system and consolidate a culture of respect for human rights in the hemisphere.
In a ceremony today at the Commission’s headquarters in Washington, Minister Counselor Lineu Pupo de Paula said, “Brazil understands that the development and improvement of the inter-American system for the protection and promotion of human rights constitutes one of the most important aspects of the hemispheric agenda.” Through its two main bodies, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, the human rights system “makes a vital contribution to the strengthening of democracies throughout the hemisphere,” he added.
The Executive Secretary of the IACHR, Santiago A. Canton, thanked the government of Brazil and said, “This contribution demonstrates Brazil’s serious commitment to the inter-American system of human rights. This donation is one more step in a series of important institutional measures Brazil has taken to strengthen the system, and sets an example that we are pleased to highlight.”
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
PRESS RELEASE
N° 62/08
IACHR HAILS TITLING OF AWAS TINGNI COMMUNITY LANDS IN NICARAGUA
Washington, D.C., December 18, 2008 — The Inter-American Commission on Human Rights (IACHR) praises the demarcation and titling of ancestral lands belonging to Nicaragua’s Mayangna Awas Tingni Indigenous Community.
On Sunday, December 14, the government of Nicaragua gave the Awas Tingni Community the property title to 73,000 hectares of its territory, located on the country’s Atlantic Coast. This marked a critical step forward in the resolution of a case the IACHR took to the Inter-American Court in 1998, the first case on indigenous peoples’ collective property rights that the Commission had asked the Court to hear. The judgment handed down on August 31, 2001, by the Inter-American Court became a historic milestone in the recognition and protection of the rights of indigenous peoples around the world, and an important legal precedent in international human rights law.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who act in a personal capacity, without representing a particular country, and who are elected by the OAS General Assembly.
Useful links
Inter-American Court of Human Rights ruling on the Case of Awas Tingni Community vs. Nicaragua
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