SECOND CONSULTATION

DRAFT CHANGES TO THE IACHR RULES GOVERNING THE PROCESSING OF PETITIONS AND CASES BEFORE THE INTER-AMERICAN COMMISSION AND THE INTER-AMERICAN COURT

The growing use of the Inter-American System for the protection of human rights, its constant evolution and the process initiated with the changes introduced to its Rules of Procedure in 2001, have lead the IACHR to consider reforms to its current Rules.  Further, the member States and representatives of civil society have expressed their interest in the strengthening the Inter-American System in response to new realities and have presented proposals for reform.

The IACHR has prepared draft reforms to its Rules regarding the procedure for the processing of petitions and cases before the Commission and the Court.  This consultation, as well as the one soon to be made by the Court, is the outcome of ongoing dialogue and consensus-building between both organs.

The Commission invites civil society organizations and other experts to submit observations so that it may take their views into account during the final stage of review and approval of the proposed changes.  A similar invitation has been extended to the member states of the OAS.  Observations may be presented until June 30, 2009.*

Please send the corresponding observations within the pre-established time limit through the following link: cidhdenuncias@oas.org.  Please indicate in the subject of the message “Observations regarding the draft proposal on the reform of the Rules of Procedure.” 

* This date has been modified. The IACHR will receive observations until July 31, 2009.

RATIONALE BEHIND THE DRAFT CHANGES TO THE IACHR RULES GOVERNING THE PROCESSING OF PETITIONS AND CASES BEFORE THE INTER-AMERICAN COMMISSION AND THE INTER-AMERICAN COURT

Throughout the past five decades, the Rules governing the functioning of the organs of the Inter-American system have been subject to periodic modifications in order to respond appropriately to the situation of human rights in the region and in light of input provided by Member States of the OAS and civil society.

The creation of the Inter-American Commission in 1959 and the adoption and progressive reform of its statutory norms in the years immediately following gave rise to the mechanism for the consideration of petitions alleging potential violations of the obligations of Member States in the area of human rights and to the Commission’s adoption of reports on individual cases.  The entry into force of the American Convention on Human Rights in 1978 strengthened this mechanism and added a judicial stage to the processing of cases involving the States that have ratified this treaty and have accepted the jurisdiction of the Inter-American Court of Human Rights, which was established in 1979.

In light of the fact that the procedural norms governing the judicial phase initially did not contemplate the direct representation of persons affected by the state conduct contained in its reports, the Commission decided to include these individuals as members of its delegation when it made presentations before the Court.  For several years, this practice allowed numerous victims of human rights violations and their families to provide additional evidence and to express their views during the presentation of the case before the Court.

Since that time, successive reforms of the rules governing the different stages of processing in the consideration of individual petitions have sought to improve the procedures and, at the same time, to legitimate and strengthen the appearance and participation of the persons affected.  In particular, the modifications adopted with regard to the rules governing both organs in 2001 created a new dynamic to the participation of parties in the mechanism of individual petitions, enabling these parties to play a crucial role in defending their rights and their arguments.

The experience derived from several years of implementation of this reform has led the Commission and the Court to spearhead a new process of reformulation of their Rules with a view to endowing both organs with greater efficiency and to continuing to strengthen the protection of the fundamental rights of the people of the region, while preserving the ability to adjust the procedure according to the unique nature of each case.

Firstly, through the proposed reforms, the Commission seeks to adopt a new model of intervention before the Court which serves the general interest as well as that of the system.  This model has repercussions which transcend the individual case without failing to complement, where appropriate, the individual interest of the injured party.  This view of the system of cases aims for the States, civil society and the people of the Americas to benefit more fully from the complementary perspectives of the individual and collective interests in the defense and protection of human rights.

Secondly, the proposed reforms seek to avoid duplications in the analysis of admissibility of claims and to the introduction of evidence that has already been presented to the Commission while respecting the principle of equality of arms.

The main objectives of the proposed model are to bestow greater efficiency on the system of individual cases, to further the principle of procedural economy, to strengthen the role of the individual, and to safeguard the meaning of the Commission’s participation as a principal organ of the OAS responsible for protecting human rights in the region.  Similarly, in view of the Commission’s role as defender of the public interest, when an injured party lacks legal representation and the resources necessary to pursue its claim or finds itself in a vulnerable position, the Commission will present its case to the Court, actively advocating for the individual interest at stake.  With regard to this matter, the Inter-American system of legal aid (which is currently under discussion) will guarantee that individuals who lack representation or resources have access to the system and can participate in a way that ensures that their claims are adequately presented.

The Inter-American Court has highlighted the ”broad powers relating to the promotion and observance of human rights which [...] the OAS Charter confers on the Commission.”[1]  In this context, and within the framework of the mandate established in the American Convention and the OAS Charter, the process of reform aims to support the objective that all parties to the system have pursued from its inception: to increase and strengthen the protection of the fundamental rights of the people of the region.