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D.
Follow-up on compliance with recommendations of the IACHR 62.
In resolution AG/RES. 1828 (XXXI-O/01) “Evaluation of the
Workings of the Inter-American System for the Protection and Promotion of
Human Rights with a View to Its Improvement and Strengthening”, the OAS
General Assembly invited the Commission and the Court to continue
supporting the strengthening of the inter-American system for the
protection and promotion of human rights and, in particular, to consider
the possibility of including in its annual reports information on
compliance by the states with the recommendations, decisions, or judgments
issued by the two organs in the period under consideration. The General
Assembly shall study that information (Resolutive paragraph 5). 63.
Resolutive paragraph 3 of the same resolution urged member states
of the Organization to take the necessary steps to implement the
recommendations of the Inter-American Commission on Human Rights
(paragraph c) and to take appropriate action in connection with the annual
reports of the Court and the Commission, in the framework of the Permanent
Council and the General Assembly of the Organization, in order to give
full effectiveness to the duty as states to ensure compliance with the
obligations emanating from the instruments of the system (paragraph d). 64.
Article 46 of the Rules of Procedure of the IACHR, which entered
into force on May 1, 2000, reads as follows: Follow-Up
1. Once
the Commission has published a report on a friendly settlement or on the
merits in which it has made recommendations, it may adopt the follow-up
measures it deems appropriate, such as requesting information from the
parties and holding hearings in order to verify compliance with friendly
settlement agreements and its recommendations. 2.
The Commission shall report on progress in complying with those
agreements and recommendations as it deems appropriate. 65.
In accordance with Resolution AG/RES. 1828 (XXXI-0/01), and in
conformity with Article 46 of its Rules of Procedure, the Commission
requested information from the States concerning compliance with the
recommendations issued in reports on individual cases published in its
Annual Report for the year 2000. The
Commission also decided to include a copy of the responses of member
States in its web page (www.cidh.org) where this was expressly requested. 66. The table below shows four levels or categories of compliance with IACHR recommendations: - Full compliance (cases in which the state has implemented the IACHR’s recommendations in their entirety). - Partial compliance (cases in which the state has either implemented only one or some of the IACHR’s recommendations or else has implemented all of them but not completely). - Noncompliance, but with information (cases in which the state has replied to the request for information regarding implementation of the recommendations, but the IACHR considers that they were not in fact implemented). - Noncompliance and no information (cases in which the state did not reply to the request for information and where, in the opinion of the IACHR, the recommendations were not implemented.
CASE
12.051, Report Nº 54/01, Maria da Penha Maia Fernandes, (BRAZIL) 67.
In Report 54/01 of April 16, 2001, the IACHR recommended to the
Brazilian State: 1.
Complete, rapidly and effectively, criminal proceedings against the
person responsible for the assault and attempted murder of Mrs. Maria da
Penha Fernandes Maia. 2.
In addition, conduct a serious, impartial, and exhaustive
investigation to determine responsibility for the irregularities or
unwarranted delays that prevented rapid and effective prosecution of the
perpetrator, and implement the appropriate administrative, legislative,
and judicial measures. 3.
Adopt, without prejudice to possible civil proceedings against the
perpetrator, the measures necessary for the State to grant the victim
appropriate symbolic and actual compensation for the violence established
herein, in particular for its failure to provide rapid and effective
remedies, for the impunity that has surrounded the case for more than 15
years, and for making it impossible, as a result of that delay, to
institute timely proceedings for redress and compensation in the civil
sphere. 4.
Continue and expand the reform process that will put an end to the
condoning by the State of domestic violence against women in Brazil and
discrimination in the handling thereof.
In particular, the Commission recommends: a.
Measures to train and raise the awareness of officials of the
judiciary and specialized police so that they may understand the
importance of not condoning domestic violence. b.
The simplification of criminal judicial proceedings so that the
time taken for proceedings can be reduced, without affecting the rights
and guarantees related to due process. c.
The establishment of mechanisms that serve as alternatives to
judicial mechanisms, which resolve domestic conflict in a prompt and
effective manner and create awareness regarding its serious nature and
associated criminal consequences. d.
An increase in the number of special police stations to address the
rights of women and to provide them with the special resources needed for
the effective processing and investigation of all complaints related to
domestic violence, as well as resources and assistance from the Office of
the Public Prosecutor in preparing their judicial reports. e.
The inclusion in teaching curriculums of units aimed at providing
an understanding of the importance of respecting women and their rights
recognized in the Convention of Belém do Pará, as well as the handling
of domestic conflict. f. The provision of information to the Inter-American Commission on Human Rights within sixty days of transmission of this report to the State, and of a report on steps taken to implement these recommendations, for the purposes set forth in Article 51 (1) of the American Convention. 68.
The Brazilian State supplied information to the Commission
regarding the investigation to determine responsibility for the aggression
and attempted murder mentioned in recommendation 1 supra.
It also informed that the victim has not been indemnified, and made
reference to certain initiatives pertaining to the legislative aspects
involved in the recommendations.
CASES
11.286 (Aluísio Cavalcante et. al.), 11.407 (Clarival Xavier
Coutrim), 11.406 (Celso Bonfim de Lima), 11.416 (Marcos Almeida Ferreira),
11.413 (Delton Gomes Da Mota), 11.417 (Marcos de Assis Ruben), 11.412 (Wanderlei
Galati), and 11.415 (Carlos Eduardo Gomes Ribeiro), Report Nº 55/01, (BRAZIL) 69.
In Report 55/01 of April 16, 2001, the IACHR recommended to the
Brazilian State: 1.
That it carry out a serious, impartial, and effective investigation
into the facts and circumstances of the deaths of Aluísio Cavalcanti,
Clarival Xavier Coutrim, Delton Gomes da Mota, Marcos de Assis Ruben, and
Wanderlei Galati, and of the assaults on and attempted homicides of Cláudio
Aparecido de Moraes, Celso Bonfim de Lima, Marcos Almeida Ferreira, and
Carlos Eduardo Gomes Ribeiro, and that it duly prosecute and punish the
persons responsible. 2.
That such investigation include the possible omissions, negligence,
and obstructions of justice that may have resulted from the failure to
convict the persons responsible in a final judgment, including the
possible negligence and mistakes of the Public Ministry and of the members
of the judiciary who may have decided to waive or reduce the corresponding
sentences. 3.
That the necessary measures be taken to conclude, as soon as
possible and in the most absolute legality, the judicial and
administrative proceedings regarding the persons involved in the
above-noted violations. 4.
That the Brazilian State makes reparation for the consequences of
the violations of the rights of the victims and their families or those
who hold the right for the harm suffered, described in this report. 5.
That the necessary measures be taken to abolish the jurisdiction of
the military justice system over criminal offenses committed by police
against civilians, as proposed by the original bill, introduced in due
course, to repeal Article 9(f) of the Military Criminal Code, and to
approve, to take its place, the single paragraph proposed in that bill.[1] 6.
That the Brazilian State take measures to establish a system of
external and internal supervision of the military police of São Paulo
that is independent, impartial, and effective. 7.
That the Brazilian State present the Commission, within 60 days of
transmittal of this report, a report on compliance with the
recommendations, for the purpose of applying the provision at Article
51(1) of the American Convention. 70.
The Brazilian Government supplied no information regarding
compliance with the above mentioned recommendations of the IACHR. CASE
11.771, Report Nº 61/01, Samuel Alfonso Catalán Lincoleo (CHILE) 71.
The
IACHR approved this report on April 16, 2001.
Based on the conclusions of the report, the following
recommendations were issued to the Chilean State: 1.
Establish responsibility for the murder of Samuel Alfonso Catalán
Lincoleo by due process of law, so that the guilty may be duly punished. 2.
Adapt its domestic legislation to the provisions of the American
Convention, in such a way as to leave Decree-Law N°
2191 of 1978 without effect. 3. To take the steps necessary for the members of the victim’s family to receive adequate and timely compensation, including full reparations for the human rights violations described herein as well as payment of fair compensation for physical and nonphysical damages, including moral damages. 72.
Pursuant to Article 46(1) of its Rules of Procedure, the
Inter-American Commission sent a letter to both parties in this case on
March 27, 2002 and it established a period of 15 days to report on
compliance with the above mentioned recommendations.
The deadline expired with no response from either the Government of
Chile or the petitioners. The
IACHR has not received information from other sources regarding measures
to comply with the recommendations set forth in Report 61/01. CASE
11.654, Report Nº 62/01, Ríofrío Massacre (COLOMBIA) 73.
On April 6, 2001 the IACHR issued Report 62/01 on case 11.654
relating to the massacre of Riofrío.
In that occasion the Commission issued three recommendations.
In the first place, it recommended the conduction of an impartial
and effective investigation in ordinary jurisdiction with a view to
prosecuting and punishing those materially and intellectually responsible
for the massacre. The State
indicated that the judicial proceedings in relation to the present
case–whose compatibility with the American Convention was analyzed in
the Report—had “followed the requirements of domestic law” when
carried and resolved by the military justice.
The petitioners have however reported that the Office of the
Attorney General has opened a new investigation on the facts of the case,
based in a series of new testimonies but that the investigation is in a
preliminary stage. 74.
In the second place, the Commission recommended that the State take
such steps as are necessary to ensure that the families of the victims are
duly compensated. The State
reported that it was in the process of enforcing the mechanism provided
for in Act Nº 288/96 with a view of complying with this recommendation. 75. In the third place, the IACHR recommended that the State take the necessary steps to prevent any future occurrence of similar events in accordance with its duty to prevent and guarantee the basic rights recognized in the American Convention as well as the necessary measures to give full force and effect to the doctrine developed by the Constitutional Court of Colombia and by the Inter-American Commission on Human Rights itself in investigating and prosecuting similar cases through the ordinary criminal justice system. In response, the State detailed a number of objectives, programs and strategies to fight illegal armed groups and strengthen the administration of justice, including the reform of the Criminal Military Code. These general measures have been and shall continue to be evaluated in chapter IV of the Commission’s Annual Reports.
CASE
11.710, Report Nº 63/01, Carlos Manuel Prada González and Evelio Antonio
Bolaño Castro (COLOMBIA) 76.
On April 6 2001 the IACHR issued Report 63/01 on case 11.710
relating to the extrajudicial execution of Carlos Manuel Prada González
and Evelio Antonio Bolaño Castro. In
that occasion the Commission issued three recommendations.
In the first place, it recommended the conduction of an impartial
and effective investigation in ordinary jurisdiction with a view to
prosecuting and punishing those materially and intellectually responsible
for the extrajudicial execution of Carlos Manuel Prada González and
Evelio Antonio Bolaño Castro. The
State indicated that a military court had issued a second instance
decision confirming the acquittal of the State agents tried on account of
the victims’ death. Therefore,
the State concluded that it would not be possible to hold a new
investigation and trial before the ordinary courts unless the Supreme
Court decides to admit a recent complaint filed against the aforementioned
decision. 77.
In the second place, the Commission recommended that the State take
such steps as are necessary to ensure that the families of the victims are
duly compensated. The State
reported that it was in the process of enforcing the mechanism provided
for in Act Nº 288/96 with a view of complying with this recommendation. 78.
In the third place, the IACHR it recommended that the State take
the necessary steps to prevent any future occurrence of similar events in
accordance with its duty to prevent and guarantee the basic rights
recognized in the American Convention as well as the necessary measures to
give full force and effect to the doctrine developed by the Constitutional
Court of Colombia and by the Inter-American Commission on Human Rights
itself in investigating and prosecuting similar cases through the ordinary
criminal justice system. In
response, the State presented information relating to the reform of the
Criminal Military Code and a presidential order directed to the Ministry
of Defense. The impact of
these general measures have been and shall continue to be evaluated in
chapter IV of the Commission’s Annual Reports. CASE 11.712,
Report Nº 64/01, Leonel de Jesús Isaza Echeverry (COLOMBIA) 79.
On April 6 2001 the IACHR issued Report 64/01 on case
11.712 relating to the extrajudicial execution of Leonel de Jesús Isaza
Echeverry. In that occasion
the Commission issued three recommendations.
In the first place, it recommended the conduction of an impartial
and effective investigation in ordinary jurisdiction with a view to
prosecuting and punishing those materially and intellectually responsible
for the extrajudicial execution of Leonel de Jesús Isaza Echeverry.
The State reported that the judicial process continues in its
preliminary stages before the military jurisdiction. 80. In the second place, the Commission recommended that the State take such steps as are necessary to ensure that María Fredesvinda Echeverry, Lady Andrea Isaza Pinzón, and the family of Leonel de Jesús Isaza Echeverry are duly compensated. The State reported that it was in the process of enforcing the mechanism provided for in Act Nº 288/96 with a view of complying with this recommendation. 81.
In
the third place, the IACHR recommended that the State take the necessary
steps to prevent any future occurrence of similar events in accordance
with its duty to prevent and guarantee the basic rights recognized in the
American Convention as well as the necessary measures to give full force
and effect to the doctrine developed by the Constitutional Court of
Colombia and by the Inter-American Commission on Human Rights itself in
investigating and prosecuting similar cases through the ordinary criminal
justice system. In response,
the State presented information relating to the implementation of
education programs for the Armed Forces in the area of human rights and
international humanitarian law and the reform of the Criminal Military
Code. The impact of these
general measures have been and shall continue to be evaluated in chapter
IV of the Commission’s Annual Reports. CASE
11.625 Report Nº 4/01, María Eugenia Morales de Sierra (GUATEMALA) 82.
In report Nº 4/01 of April 4, 2001, the IACHR issued the following
recommendations to the Guatemalan state: 1.
Adapt the pertinent provisions of the Civil Code to balance the
legal recognition of the reciprocal duties of women and men in marriage
and take the legislative and other measures necessary to amend Article 317
of the Civil Code so as to bring national law into conformity with the
norms of the American Convention and give full effect to the rights and
freedoms guaranteed to María Eugenia Morales de Sierra therein. 2. Redress and adequately compensate María Eugenia Morales de Sierra for the harm done by the violations established in this Report. 83. In a note dated February 25, 2002, the State informed the Commission that, in regard to the first recommendation, on March 13, 2001, the Presidential Coordinating Commission on Executive Human Rights Policy (COPREDEH) presented to the General Secretariat of the Republic, for presentation to the Congress of the Republic, preliminary draft legislation on amending Article 317(4) of Decree Law 106 (Civil Code) to correct the legislative deficiencies called to the Guatemalan state’s attention by the Commission in its report Nº 04/01. According to the State’s reply, that draft legislation remains pending consideration by Congress. In a note dated April 11 of this year, the petitioners indicated to the Commission that, according to information provided to them by the Office of the Legislative Director of the Congress of Guatemala, to date the Executive had not submitted any legislation to amend Article 317(4) of the Civil Code. 84.
Regarding
the second recommendation, the Guatemalan Government stated its view that
no reparations were in order because, in its view, the petitioner had not
suffered a concrete violation of her rights. CASE
9111,
Report Nº 60/01, Ileana del Rosario Solares Castillo et. al. (GUATEMALA) 85. In report Nº 60/01 of April 4, 2001, the IACHR issued the following recommendations to the Guatemalan state: a.
Conduct an impartial and effective investigation into the facts of
this complaint to determine the whereabouts and condition of Ileana del
Rosario Solares Castillo, María Ana López Rodríguez, and Luz Leticia
Hernández, to identify the persons responsible for their disappearance,
and to punish them in accordance with the rules of due legal process. b. Take steps to make full amends for the proven violations, including measures to locate the remains of Ileana del Rosario Solares Castillo, María Ana López Rodríguez, and Luz Leticia Hernández, the arrangements necessary to fulfill their families’ wishes regarding the final resting place of their remains, and adequate and timely compensation for |