D. Status of compliance with the recommendations of the IACHR
70.
Complete compliance with the decisions of the
Inter-American Commission is essential for ensuring that human rights
have full force in the OAS member states, and for helping strengthen the
Inter-American system for the protection of human rights. With that in
mind, the IACHR, in this section, analyzes the status of compliance with
the recommendations in the reports adopted by the Commission in the last
three years.
71.
In this
regard, the OAS General Assembly, in its resolution AG/RES. 1917
(XXXIII-O/03), “Observations and Recommendations on the Annual
Report of the Inter-American Commission on Human Rights,” urged the
member states to follow up on the recommendations of the Inter-American
Commission on Human Rights (operative paragraph 3.b) and to continue to
take appropriate action in connection with the annual reports of the
Commission, in the context of the Permanent Council and the General
Assembly of the Organization (operative paragraph 3.c). Likewise, in
its resolution AG/RES. 1925 (XXXIII-O/03),
“Strengthening of Human Rights Systems pursuant to the Plan of Action of
the Third Summit of the Americas,” it reaffirmed the intent of the
OAS to continue taking concrete measures aimed at implementing the
mandates of the Third Summit of the Americas, including follow-up of the
recommendations of the Inter-American Commission on Human Rights (operative
paragraph 2.b), and instructed the Permanent Council to hold a meeting
of the Committee on Juridical and Political Affairs to consider means of
promoting follow-up on the recommendations of the Commission by the
Organization’s member states (operative paragraph 4.d).
72.
Both the Convention (Article 41) and the Statute of the
Commission (Article 18) explicitly grant the IACHR the authority to
request information from the member states and to produce such reports
and recommendations as it considers advisable. Specifically, Article 46
of the IACHR Rules of Procedure, which took effect on May 1, 2001,
provides the following:
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.
73.
Similarly, the General Assembly approved resolution
AG/RES. 1894 (XXXII-O/02),
Observations and Recommendations on the Annual Report of the
Inter-American Commission on Human Rights, invited the IACHR to consider
the possibility of continuing to include in its annual reports
information on the follow-up of its recommendations by the states, and
to review, with a view to their improvement, the criteria and indicators
on that subject in the report for this year.
74.
In
compliance with its powers under the Convention and the Statute and with
the above-cited resolutions, and pursuant to Article 46 of its Rules of
Procedure, the IACHR requested information from the states on compliance
with the recommendations made in the reports published on individual
cases included in its annual reports for 2000 and 2001. The Commission
also decided to include on its web page (www.cidh.org) a copy of the
responses from the member states in cases where they expressly requested
that this be done.
75.
The table the Commission is presenting includes the
status of compliance with the recommendations made by the IACHR in the
cases that have been decided and published in the last three years. The
IACHR notes that compliance with different recommendations is meant to
be successive and not immediate and that some recommendations require a
reasonable time to be fully implemented. The table, therefore, presents
the current status of compliance, which the Commission acknowledges as
being a dynamic process that may evolve continuously. From that
perspective, the Commission evaluates whether or not compliance with its
recommendations is complete and not whether it has been started. In this
section, the IACHR has tried to assemble the comments made by the
representatives of different member states upon presentation of the
Annual Report for 2002.
76. The
three categories included in the table are the following:
- total
compliance (those cases in which the state has fully complied with all
the recommendations made by the IACHR. Having regard to the principles
of effectiveness and fully observed those recommendations where the
state has begun and satisfactorily completed the procedures for
compliance);
- partial
compliance (those cases in which the state has partially observed the
recommendations made by the IACHR either by having complied with only
one or some of them or through incomplete compliance with all of them);
- compliance
pending (those cases in which the IACHR considers that there has been no
compliance with the recommendations because no steps have been taken in
that direction; because the state has explicitly indicated that it will
not comply with the recommendations made; or because the state has not
reported to the IACHR and the Commission has no information from other
sources that would suggest otherwise).
|
CASE |
TOTAL
COMPLIANCE |
PARTIAL
COMPLIANCE |
PENDING
COMPLIANCE |
|
Report Nº 103/01
María Merciadri
de Morini
Case 11.307
(Argentina) |
X |
|
|
|
Report Nº 48/01
Case 12.067 Michael Edwards
Case 12.068 Omar Hall
Case 12.086 Brian Schroeter
and Jerónimo Bowleg (Bahamas) |
|
|
X |
|
Report Nº 54/01 Maria da Penha
Case 12.051 (Brazil) |
|
X |
|
|
Report Nº 55/01
Aluisio Cavalcante
Case 11.286 et al. (Brazil) |
|
|
X |
|
Report Nº 23/02 Diniz Bento Da Silva
Case 11.517 (Brazil) |
|
|
X |
|
Report Nº 61/01
Samuel Alfonso Catalán Lincoleo
Case 11.771 (Chile) |
|
|
X |
|
Report Nº 32/02 Juan Manuel Contreras San Martín
et.al.
Petition 11.715
(Chile) |
|
X |
|
|
Report Nº 33/02 Mónica Carabantes Galleguillos
Petition 12.046 (Chile) |
X |
|
|
|
Report Nº 62/01
Massacre de Ríofrío
Case 11.654 (Colombia)
|
|
|
X |
|
Report Nº 63/01 Prada González
and
Bolaño Castro
Case 11.710 (Colombia)
|
|
|
X |
|
Report Nº 64/01
Leonel de Jesús
Isaza Echeverry
Case 11.712 (Colombia)
|
|
|
X |
|
Report Nº 93/00
Edison Patricio Quishpe Alcívar
Case 11.421 (Ecuador) |
|
X |
|
|
Report Nº 94/00 Byron Roberto Cañaveral
Case 11.439 (Ecuador) |
|
X |
|
|
Report Nº 95/00 Angelo Javier Ruales Paredes
Case 11.445 (Ecuador) |
X |
|
|
|
Report Nº 96/00 Manuel Inocencio Lalvay Guamán
Case 11.466 (Ecuador) |
|
X |
|
|
Report Nº 97/00
Carlos Juela Molina
Case 11.584 (Ecuador) |
|
X |
|
|
Report Nº 98/00
Marcia Irene Clavijo Tapia
Case 11.783 (Ecuador) |
|
X |
|
|
CASE |
TOTAL
COMPLIANCE |
PARTIAL
COMPLIANCE |
PENDING
COMPLIANCE |
|
Report Nº 99/00 Carlos Santiago and
Pedro Andrés Restrepo
Case 11.868 (Ecuador) |
|
X |
|
|
Report Nº 100/00
Kelvin Vicente Torres Cueva
Case 11.991 (Ecuador) |
|
X |
|
|
Report Nº 19/01 Juan Clímaco Cuellar et al.
Case 11.478 (Ecuador) |
|
X |
|
|
Report Nº 20/01
Lida Angela Riera Rodríguez
Case 11.512 (Ecuador) |
|
X |
|
|
Report Nº 21/01
René Gonzalo Cruz Pazmiño
Case 11.605 (Ecuador) |
|
X |
|
|
Report Nº 22/01 José Patricio Reascos
Case 11.779 (Ecuador) |
|
X |
|
|
Report Nº 104/01 Rodrigo Elicio Muñoz Arcos et al.
Case 11.441
(Ecuador) |
|
X |
|
|
Report Nº 105/01
Washington Ayora Rodríguez
Case 11.443
(Ecuador) |
|
X |
|
|
Report Nº 106/01 Marco Vinicio Almeida
Calispa
Case 11.450
(Ecuador) |
|
X |
|
|
Report Nº 107/01 Angel Reiniero
Vega Jiménez
Case 11.542 (Ecuador) |
|
X |
|
|
Report Nº 108/01 Wilberto Samuel Manzano
Case 11.574 (Ecuador) |
|
X |
|
|
Report Nº 109/01
Vidal Segura Hurtado
Case 11.632
(Ecuador) |
|
X |
|
|
Report Nº 110/01 Pompeyo Carlos Andrade Benítez
Case 12.007
(Ecuador) |
|
X |
|
|
Report Nº 66/01
Dayra María Levoyer Jiménez
Case 11.992
(Ecuador) |
|
|
X |
|
Report Nº 47/01
Donnason Knights
Case 12.028
(Grenada) |
|
|
X |
|
Report Nº 55/02
Paul Lallion
Case 11.765
(Grenada) |
|
|
X |
|
Report Nº 56/02
Benedit Jacob
Case 12.158
(Grenada) |
|
|
X |
|
Report Nº 39/00
Pedro García Choc et al.
Case 10.586
(Guatemala) |
|
|
X |
|
Report Nº 4/01 María Eugenia Morales
de
Sierra
Case 11.625
(Guatemala) |
|
|
X |
|
Report Nº 60/01 Ileana del Rosario Solares Castillo et al.
Case 9111
(Guatemala) |
|
|
X |
|
Report Nº 58/01 Oscar Manuel Gramajo López
Case 9207
(Guatemala) |
|
|
X |
|
Report Nº 59/01
Remigio Domingo Morales
Case 10.626
et al. (Guatemala) |
|
|
X |
|
Report Nº 57/02
Finca La Exacta
Case 11.382
(Guatemala) |
|
X |
|
|
Report Nº 78/02
Guy Malary
Case 11.335
(Haiti) |
|
|
X |
|
Report Nº 49/01
Leroy Lamey
Case 11.826
et al. (Jamaica) |
|
X |
|
|
Report Nº 50/01
Damion Thomas
Case 12.069
(Jamaica) |
|
|
X |
|
Report Nº 127/01
Joseph Thomas
Case 12.183
(Jamaica) |
|
|
X |
|
Report Nº 58/02
Denton Aiken
Case 12.275
(Jamaica) |
|
X |
|
|
Report Nº 59/02
Dave Sewell
Case 12.347
(Jamaica) |
|
X |
|
|
Report Nº 53/01
Ana, Beatríz and Celia Gónzalez Pérez
Case 11.565
(Mexico) |
|
|
X |
|
Report Nº 107/00 Valentín Carrillo Saldaña
Case 11.808 (Mexico) |
X |
|
|
|
Report Nº 100/01
Milton García
Fajardo et al.
Case 11.381
(Nicaragua) |
|
|
| 
