TO CONCLUDE CASE 9213
(Disabled Peoples International)
March 1, 1996
This case arose out of a petition filed by Disabled Peoples'
International (D.P.I.) et al., on November 5, 1983.
It alleged that on Monday, October 24, 1983, the Richmond Hill Insane
Asylum in Grenada was bombed by United States' military aircraft.
The United States Government sought to have the petition declared
inadmissible because it was filed on behalf of "unnamed, and unnumbered
residents" who were not identified. The
representatives of the DPI traveled to Grenada on December 17-21, 1988, to
identify the victims. The
petitioners later identified by name, sixteen persons killed, six injured and
amended the petition to include these names.
At its 69th period of Sessions the Commission declared the petition
admissible HAVING FOUND THAT:
Domestic remedies were not provided by the legislation of Grenada or the
United States; given the ad hoc nature of the U.S. Compensation program, the
evident failure of the U.S. Government to contact these incapacitated victims,
and the unwillingness of the U.S. Government to compensate these victims
subsequent to the expiration of the ad hoc compensation program, lead the
Commission to conclude that the domestic remedies could not be invoked and
exhausted so as to render the provision of Article 37(2)(a) applicable.
On February 6, 1991, the Commission requested permission to
conduct an on-site visit to Grenada in order to investigate the allegations
raised in the petition. On March
25, 1991, then Prime Minister of Grenada, the Honorable Nicholas A. Brathwaite,
responded to the Commission's request by indicating that the request had been
considered and that he gave instructions to the relevant agencies to investigate
and advise him on a convenient date for the visit.
September 12, 1991, the Commission requested information from the Ambassador
of Grenada with regard to the status of the Prime Minister's response.
None was received.
On January 26, 1995, the petitioners informed the Commission that the
issues which necessitated the filing of the petition have now been settled.
A new hospital was built in 1987 to replace the one which was destroyed
in 1983 and emergency and other repairs were completed in 1994.
They understood that residents of the new facility and the individual
petitioners were paid satisfactory compensation and have been provided with
clothing, food, care and services meeting minimum international standards of
care. The funding was provided by
United States Agency for International Development (USAID). For its part
"the United States' Government considers it important to note for the
record its longstanding position that its actions were entirely in conformance
with the law of armed conflict, and that therefore the U.S had no legal
liability for any damages claimed. For
these reasons, the U.S categorically rejects as inaccurate and misleading
petitioners' statement as an alleged settlement of this case and compensation
paid in this matter."
The Commission examined the case at its 88th period of sessions and
requested clarification from the petitioners concerning their request to
withdraw the case for consideration.
On March 28, 1995, the Commission received a letter from the petitioners
of the same date, requesting that it close this case for the reasons outlined
Given these representations a decision on the merits of this case need
not be reached.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
expresses its satisfaction at the disposition reached in this matter.
case be closed.
Report be published.
Commission President Dean Claudio Grossman and Member Professor
Robert K. Goldman, did not participate in the consideration and voting on
this report, in accordance with Article 19 of the Regulations of the
 This decision was published in the Commission's Annual Report, 1986-1987, OEA/Ser.L/V/II.71, Doc. 9 rev.1, 22 September 1987, 198-207, and its Yearbook of 1987 at 328-345.