8.
On may 21, 1999, the IACHR granted precautionary measures on behalf of
Mr. José Luis Ojeda and his family, and requested that the Argentine
State take the measures necessary to ensure their lives and physical
integrity, relocate them in a safe place, and investigate in order to
determine responsibility for the injuries and threats received. These
measures were granted in light of the fact that, according to the
information presented, Mr. Ojeda had been harassed, threatened and
injured for having given testimony in which he identified the material
author of the blows which he received during a search of his home in
1998. The petitioners later requested that the measures be maintained
since very little progress had been made in the inquiries and the
arrangements for relocation to a safe place had been temporary. During
the period of the present report, the parties continued presenting
information and observations in relation to this situation.
9. On October 27, 1999,
the IACHR granted precautionary measures on behalf of Mr. Julio Mera, a
Peruvian citizen who has been legally resident in Argentina for the past
eight years, to prevent his extradition to his country of origin, Peru,
for a period of six months, until his petition has been reviewed.
According to the information received, Mr. Mera had been detained in
July of 1998 following a request by the Peruvian government for his
extradition to try him for acts with political implications that had
occurred almost a decade earlier. The Federal Judge who heard the case
granted the request for extradition, and this ruling was appealed and
taken to the Supreme Court of Justice. Parallel to the extradition
proceeding, the Committee on the Eligibility of Refugees, CEPARE, had,
at the request of Mr. Mera, granted him the status of refugee, which
meant that the case before the Supreme Court of Justice was closed. The
Government of Peru appealed the decision of CEPARE, and a ruling on that
appeal is still pending. During the period of the present report, the
parties continued presenting information and observations in relation to
this situation.
b. The
Commonwealth of the Bahamas
10. On November 18, 1999,
the Commission granted precautionary measures in favor of Mr. Peter
Cash, who is condemned to death and whose case is pending before the
Commission under number 12.231. The Commission requested that The
Bahamas stay the execution of Mr. Cash until such time as it had issued
a decision on his petition. The Commission did not receive a response to
its request from the State.
11. On December 17, 1999,
the Commission granted precautionary measures in favor of Messrs. David
Mitchell and John Junior Higgs (cases 11.872 and 11.832, respectively),
and requested that The Bahamas stay the executions of Messrs. Mitchell
and Higgs until such time as it had issued a decision on his petition.
By letter dated December 23, 1999, the State informed the Commission
that the "Government has already waited a reasonable time for the
receipt of recommendations from the IACHR in respect of Messrs. Higgs
and Mitchell and will not further postpone the process of its domestic
law." On January 5, 2000, the Commission reiterated its request to
the State. The Commission was informed by the petitioners by letter
dated January 5, 2000, that on January 4, 2000, Mr. Higgs had committed
suicide while shaving. The Commission was informed by the petitioners on
February 23, 2000 that Mr. Mitchell had been executed by the State on
January 6, 2000.
12. During the period of
this report, the Commission continued receiving information in relation
to the precautionary measures granted and reported on in its 1998 Annual
Report in favor of Messrs. Brian Schroeter and Jeronimo Bowleg (case
12.086), Mr. Michael Edwards (case 12.067) and Mr. Omar Hall (case
12.068).
c. Brazil
13. On June 24, 1999, the
Commission granted precautionary measures in favor of attorney Joaquín
Marcelo Denadai, a human rights defender and a key witness in corruption
cases, and on behalf of Public Prosecutor, José Luis Azevedo da
Silveira, both of the State of Espíritu Santo, on account of the
serious death threats made against them by the para-military
organization Scuderie Le Coq (this matter is being processed as
case 12.003). This request was reiterated to the State on September 7,
1999. During the period of the present report, the parties continued
presenting information and observations in relation to these measures.
d. Canada
14. During the period
covered by this report, the Commission continued receiving information
in relation to the precautionary measures granted and reported on in its
1998 Annual Report in favor of the Harte family (case 11.862), and Mrs.
Tavabeh Moeineddin and children (case 12.047).
e. Chile
15. On June 18, 1999, the
Commission granted precautionary measures on behalf of Messrs. Bartolo
Ortiz and Carlos Orellana, who, according to the information received,
were under a detention order following the publication of the
"Black Book of Chilean Justice" by the journalist Alejandra
Matus. On July 19, 1999, the Commission amplified the measures to extend
to the author Alejandra Matus, requesting guarantees for her security
and physical integrity, as well as her right to freedom of expression
and her intellectual property rights. During its 104th
regular session, the Commission convoked the parties for a hearing to
consider the question of precautionary measures. In various
presentations, the State reported: that on July 20, 1999, charges
against Messrs. Orellana and Bartolo Ortiz in the case of the author of
the book had been dismissed; that on May 14, 1999, Ms. Alejandra Matus
Acuña had been declared in contempt for failure to attend the
investigation hearing; that the Court of Appeals of Santiago had revoked
the order initiating criminal proceedings against Messrs. Ortiz and
Orellana; and that there was no order to institute proceedings or order
of detention against Alejandra Matus Acuña. The Government argued that
the right to intellectual property exceeded the scope of protection
provided by the American Convention.
16. On March 3, 1999, the
Commission requested precautionary measures on behalf of Patricia
Ballestero Vidal, Lee Pope and Arnold Fuentes, of Spanish, United States
and French nationality respectively, who, according to the information
received, had been ordered expelled for having participated in and
expressed their support and solidarity for a demonstration organized by
the Pehuenches indigenous population on February 18, 1999 in the Alto
Bio-Bio. In reply, the Chilean State informed the Commission that
the order for the expulsion of the aforementioned persons had been
rescinded.
f. Colombia
17. On January 28,
1999, the Commission learned that investigators Jairo Bedoya, Olga Rodas,
Jorge Salazar and Claudia Tamayo, of the Popular Training Institute (IPC),
had been abducted that afternoon by a group of armed civilians who had
forced their way into the headquarters of the IPC in Medellin, Antioquia.
That very afternoon, the Commission granted precautionary measures in
favor of the persons named and immediately and urgently contacted the
State of Colombia to request that the necessary measures be taken to
ascertain the whereabouts of the victims and to protect their lives,
physical integrity and liberty. Olga Rodas and Claudia Tamayo were freed
on February 11, 1999, while Jairo Bedoya and Jorge Salazar regained
their liberty on February 19, 1999. Responsibility for the kidnappings
was claimed by the "Autodefensas" of Córdoba and
Urabá.
18. On February 10, 1999,
the Commission granted precautionary measures and requested that the
State of Colombia adopt measures to protect the lives and personal
integrity of the members of the Association of Relatives of the Victims
of Trujillo (AFAVIT) resident in the municipality of Trujillo as well as
the members of the permanent support team of the Inter-Congregational
Commission of Justice and Peace, based in Trujillo. According to the
available information, the members of AFAVIT and the support team had
allegedly been the subject of threats against their lives, physical
integrity and freedom of expression, association, residence and
movement. Pursuant to the response of the State, the parties continued
presenting information and observations in relation to these measures.
19. On March 9, 1999, the
Commission granted precautionary measures and requested that the State
of Colombia adopt measures to protect the lives and physical integrity
of the members of the Congregation of the Vicentina Mission. According
to the information received, the members of this religious congregation,
which is part of the Council of the Inter-Congregational Commission of
Justice and Peace, were the subject of threats against their personal
integrity after the announcement of the closure of the office of the
Inter-Congregational Commission for Justice and Peace in Trujillo,
Department of Valle del Cauca, on February 21, 1999, that closure having
been produced by reason of the events denounced to the Commission on
February 10, 1999 (see the preceding entry). Pursuant to the response of
the State, the parties continued presenting information and observations
in relation to these measures.
20. On July 30, 1999, the
Commission granted precautionary measures and requested that the State
of Colombia adopt effective measures to protect the lives and physical
integrity of the members of the Committee of Solidarity with Political
Prisoners, particularly those belonging to the Atlántico, Norte de
Santander and Tolima sections. Information before the Commission
indicated that a number of members of the Committee were alleged to have
been the object of public labeling, threats, attacks, murders and
disappearances. Pursuant to the response of the State, the parties
continued presenting information and observations in relation to these
measures.
21. On August 23, 1999,
the Commission granted precautionary measures and requested that the
State of Colombia adopt effective measures to protect the lives and
personal integrity of Mr. Francisco Arteaga Benavides and his family.
According to the information presented to the Commission, Mr. Arteaga
Benavides, who serves as a spokesman for Cartagena del Chairá, in the
Department of Caquetá, was alleged to have received threatening
telephone calls and harassment of the type that usually precedes
criminal attacks and to have been "publicly identified as a
spokesman for the guerrillas" by a high ranking official of the
National Army of Colombia. During the period covered by this report, the
parties continued presenting information and observations in relation to
these measures.
22. On September 28, 1999,
the Commission granted precautionary measures and requested that the
State of Colombia adopt effective measures to protect the lives and
physical integrity of Messrs. Julio César Robledo Quintero, Jaime
Sarmiento Otero, Jhon Fredy Posso, Carlos Arturo López Ríos and
Octavio Millán Noreña, members of the Board of Directors of the
Permanent Human Rights Committee of Tuluá, in the Department of Valle
del Cauca. According to the information before the Commission, the
members of this Committee were alleged to have received death threats,
and one of them, Julio César Robledo Quintero, survived an actual
murder attempt, allegedly carried out by the "Autodefensas del
Valle." During the period covered by this report, the parties
continued presenting information and observations in relation to these
measures.
23. On November 29, 1999,
the Commission granted precautionary measures and requested that the
State of Colombia take the necessary actions to ascertain the
whereabouts of Messrs. Edgar Quiroga and Gildardo Fuentes, spokesmen for
the peasant migration from Magdalena Medio, and to protect their lives
and physical integrity. According to the information received, on
November 28, 1999, Messrs. Edgar Quiroga and Gildardo Fuentes had been
arrested by units of Battalion 45 Héroes of Majagual at the
place known as La Vereda La Placita, in the district of Cerro
Azul, municipality of San Pablo. According to eyewitness accounts, the
detained persons are alleged to have been tied to a tree and tortured,
after which they were kept in detention by the self-defense units ("Autodefensas"),
which publicly acknowledged their participation in the incident. The
Commission also requested that measures be adopted to guarantee the
security of the residents of La Vereda La Placita who had
witnessed and denounced the acts of torture.
24 On December 6, 1999,
the Commission again communicated with the State in connection with this
matter to request the amplification of the precautionary measures
mentioned above to include Messrs. Libardo Campo Traslaviña, Gilberto
Guerra Hernández, Andrés Gil, Francisco José Campo, Ramón Rangel,
José Cediel Mondragón Sánchez, Isidro Alarcón Bohorquez and Tito
Muñoz, who, like Mr. Edgar Quiroga, had served as spokespersons for the
peasant migration and whose personal security was also in danger. During
the period covered by this report, the parties continued presenting
information and observations in relation to these measures.
25. On March 8, 2000, the
Commission addressed the State for the purpose of requesting the
adoption of precautionary measures to protect the life, physical
integrity and liberty of Jairo Bedoya Hoyos, whose whereabouts were
unknown since Thursday, March 2, 2000. Mr. Bedoya Hoyos, who had held
diverse elected positions and worked in favor of human rights in
marginalized, black and indigenous communities, had received threats
prior to his disappearance from various actors within the armed
conflict, especially the paramilitary groups of the zones of Antioquia
and Chocó.
26. During the period
covered by this report, the parties continued to present information and
observations in relation to the precautionary measures granted during
1998 in favor of the Camp of Displaced Persons of Coliseo de Turbo and
Bocas del Atrato; the Community of Peace of San José de Apartado; and
Mr. Domingo Rafael Tovar Arrieta and his family.
g. Dominican Republic
27. On August 27, 1999,
the Commission granted precautionary measures in favor of Dilcia Yean
and Violeta Bosica. According to the information before the Commission,
they had been denied Dominican nationality, despite having been born in
the territory of the Dominican Republic and despite the fact that the
Constitution establishes the principle of ius soli. By denying
them this right, they were exposed to the imminent threat of arbitrary
expulsion from their country of birth. The Commission required the State
to adopt the measures necessary to prevent their expulsion from the
territory of the Dominican Republic, and to prevent Violeta Bosica from
being deprived of her right to attend school and to receive the
education provided to other children of Dominican nationality. During
its 104th session, the Commission convened the parties for a
hearing to deal with these precautionary measures. At that hearing, the
State declared that the measures requested by the IACHR were being
implemented, and the parties agreed to seek a friendly settlement
through the good offices of the Commission.
28. On February 22, 1999,
the Commission granted precautionary measures on behalf of Josefina Juan
de Pichardo and her two children, Reemberto José Pichardo Juan and
Alicia María Pichardo Juan, and asked the State to adopt the concrete
measures necessary to safeguard their lives and physical integrity.
According to the information received, Mrs. Juan had made public
complaints against high level Dominican public officials linking them to
drug trafficking. As a result of those complaints, she had received
grave threats against her own and her two children’s lives and
physical integrity. On March 10, 1999, the State reported that both Mrs.
Pichard and her family members were moving about freely without any
impediment. On April 22, 1999, the Commission received information to
the effect that neither Mrs. Juan de Pichardo nor her children had
received further threats against their lives and physical integrity.
29. On November 22, 1999,
the Commission granted precautionary measures and requested that the
Government of the Dominican Republic take the actions necessary to put
an end to mass expulsions of foreigners and, where persons in the
territory of the Dominican Republic were to be deported, to fully
observe the requirements of due process. This request was based on
information received in which the petitioners indicated that thousands
of persons of Haitian origin and Dominicans of Haitian descent had been
expelled by the authorities of the Dominican Republic, through
collective round-ups, and without legal procedures to properly determine
the nationality and family ties of the expelled persons. The petitioners
complained that the expulsions had been carried out in such a way that
it had not been possible to communicate with their family members and
that they had not been permitted to take their belongings with them. The
State replied on December 15, 1999 rejecting the request for
precautionary measures on the grounds that it did not conform to the
provisions of Article 29, paragraph 2 of the Regulations of the
Commission, and making reference to the existence of a procedure for
repatriation, which was implemented by the Immigration General
Headquarters.
30. On December 3, 1999,
the Commission granted precautionary measures and requested that the
Government of the Dominican Republic adopt the measures necessary, on an
urgent basis, to guarantee the protection of Eddy Martínez, his wife
Germania Pierre (María) and their two minor children, Olga and Teresa,
to permit them to return to the territory of the Dominican Republic, and
to return to them the personal documents which had been unlawfully
seized. The Commission also requested that the Dominican Republic fully
investigate the acts alleged, in accordance with its domestic
legislation. According to the information received, immigration
inspectors of the Dominican Republic had expelled the family of Eddy
Martínez, of Dominican origin, to Haiti in a violent, illegal and
arbitrary manner, having confused them with Haitians. The State
responded on December 16, 1999, reporting that Mr. Eddy Martínez and
his two young daughters had been in the Dominican Republic since
November 19, 1999, and that Immigration General Headquarters would adopt
definitive measures in the case with a view to protecting the family and
preventing its separation. On February 28, 2000, the State informed the
Commission that Haitian citizen Germania Pierre, the wife of Eddy
Martínez, had been given a permit to remain in the country for three
months, and that a request for official residence for Mrs. Pierre was
being processed.
h. Ecuador
31. On the basis of the
Commission’s expression of concern during the course of an activity in
the country, on June 14, 1999, the State of Ecuador voluntarily adopted
precautionary measures to guarantee the lives and personal integrity of
Pedro Giovanny Baque Tuáres, Pedro F. Baque Colonel, Olinda Tuáres
Loor, Carol Baque Tuáres, Javier Baque Tuáres, Homero Alberto Palacios
Palma y Julio Paéz García, as well as to guarantee their access to the
courts. According to the information before the Commission, Pedro Baque
is the only survivor of a murder allegedly perpetrated by agents of the
National Police against two of his friends. While they were riding a
motorcycle, on their way to rent motocross equipment, Pedro Baque and
his friends were intercepted by Police, who made them dismount from the
cycle and then shot them. The two friends died, while Pedro Baque was
seriously wounded and abandoned there. As a result of the facts
mentioned, and that he survived, Mr. Baque, his family and his attorneys
were being threatened with the aim of scaring him and preventing him
from offering testimony in court. These measures were ratified by the
Commission on June 16, 1999, with due recognition to the State of
Ecuador for its initiative in having adopted them de oficio.
i. El Salvador
32. On February 29, 2000,
the Commission granted precautionary measures on behalf of Mr. Odir
Miranda and 26 other members of the Atlacatl Association, a group of
inhabitants of El Salvador who carry the AIDS virus. The request was
based on information received from the petitioners, according to which
the right to life and health of the aforementioned persons were in
serious danger, because they required care in State institutions in
order to receive the medicine necessary for their treatment. On October
8, 1999, the IACHR had requested information from the State of El
Salvador on the aforementioned situation. Since then, 10 of the members
of the Atlacatl Association had died. The IACHR requested that the State
of El Salvador provide the treatment and the anti-retroviral medication
necessary to prevent the death of the 27 persons in question, as well as
the necessary hospital, pharmacological and nutritional care needed to
strengthen their immune systems and prevent the development of
infections. On March 15, 2000, the State of El Salvador informed the
IACHR that, inter alia, the authorities were reviewing the
medical files of the persons in question in order to evaluate the
anti-retroviral therapy and care needed for each case, and that they
were seeking abroad the additional funds needed to provide the
treatment. Pursuant to this response, the parties continued reporting in
relation to these measures.
j. Grenada
33. During the period
covered by this report, the Commission continued receiving information
in relation to the precautionary measures granted in 1997 in favor of
Mr. Paul Lallion (case 11.765) and Mr. Rudolph Baptiste (case 11.743).
k. Guatemala
34. On April 16, 1999, the
Commission granted precautionary measures on behalf of attorney Ronalth
Ochaeta and his family. The Commission requested that the State of
Guatemala adopt the precautionary measures necessary to preserve the
lives and personal integrity of the persons named. The measures were a
result of the fact that on April 16, three unidentified and armed
individuals had violently burst into the home of Mr. Ochaeta, threatened
and assaulted his maid, seized one of his daughters and searched his
house. The individuals indicated that they had brought Mr. Ochaeta a
message which consisted of a slab of concrete and stone. It must be
recalled that Mr. Ronalth Ochaeta had worked on the REMHI report with
Monsignor Juan José Gerardi Conedera, and that the first anniversary of
the latter’s murder was being commemorated at that time. On April 27,
the State of Guatemala informed the Commission of the measures that had
been adopted, which consisted principally of uniformed personnel
deployed to keep a constant watch on their residence. The Commission
received information on this matter until the persons concerned left the
country.
35. On September 24, 1999,
the Commission granted precautionary measures on behalf of Mr. Calvin
Manolo Galindo and his family and Mr. Marcos Aníbal Sánchez and his
family. Mr. Calvin Galindo was at that time the special prosecutor
investigating the murder of Monsignor Juan José Gerardi Conedera, while
Mr. Marco Sánchez was the deputy prosecutor in the same case. According
to the information received, Mr. Galindo had been threatened with death
on several occasions and harassed. In the case of Mr. Sanchez, the brake
lines of his car had been cut and he had also been threatened. In both
cases, their private and office telephones had allegedly been tapped. In
response to the Commission’s request, the State of Guatemala provided
personal security to both and assigned a police patrol to guard their
respective residences. Mr. Calvin Manolo Galindo resigned as the
prosecutor of the case of Monsignor Gerardi and went into voluntary
exile with his family to the United States.
36. During the reporting
period, the parties continued presenting information and observations in
relation to the precautionary measures previously granted and reported
on in favor of Mr. Diego Esquina Mendoza et al. (case 11.998),
attorney Lucrecia Barrientos, and Judge María Eugenia Villaseñor (case
11.338).
l. Honduras
37. On July 27, 1999, the
Commission granted precautionary measures in favor of Mrs. Dora
Emperatriz Oliva Guifarro, a member of the Committee of Relatives of the
Detained-Disappeared in Honduras (COFADEH), who, according to the
information received, was abducted on July 5, 1999, for a period of two
hours, by two individuals allegedly linked to active paramilitary
groups. The same measures were requested on behalf of her sister, Mrs.
Bertha Oliva de Nativí, General Coordinator of the aforementioned
Committee and Vice Chair of the Commission for the Defense of Human
Rights in Central America, the members of her family and the members of
COFADEH. The Commission requested that the State of Honduras adopt the
measures necessary to safeguard the lives and personal integrity of
those named. Pursuant to the response of the State, the parties
continued presenting information and observations in relation to these
measures.
38. On May 6, 1999, the
Commission granted precautionary measures in favor of Messrs. Lombardo
Lacayo Sambula, the former Garífuna mayor of the Municipality of Limón,
Department of Colón, and Horacio Martínez Calix, ex-President of the
Fraternal Black Organization, who, according to the information before
the Commission, had suffered grave acts of harassment and intimidation
in connection with land disputes between the indigenous population of
Honduras, the Garífuna and certain Honduran land owners. Pursuant to
the request to the State to adopt the measures necessary to safeguard
the lives and personal integrity of the persons named, the parties
continued presenting information and observations in relation to these
measures.
m. Jamaica
39. On March 9, 1999, the
Commission granted precautionary measures in favor of Whitley Dixon, who
was sentenced to death in Jamaica on February 12, 1996, and whose case,
11.884, is pending before the Commission. The Commission requested a
stay of execution until the Commission had had the opportunity to
examine his case, on the basis that irreparable damage would be caused
to Mr. Dixon should he be executed before the Commission addressed his
claims. The Commission did not receive a response to its request from
the State. By a communication dated July 21, 1999, the petitioners
informed the Commission that the State of Jamaica had commuted Mr. Dixon’s
death sentence on April 16, 1999.
40. On June 22, 1999, the
Commission granted precautionary measures on behalf of Joseph Thomas,
who was sentenced to death in Jamaica on October 11, 1999, whose
execution was scheduled for June 22, 1999, and whose case, 12.183, is
pending before the Commission. The Commission requested a stay of
execution until it had the opportunity to examine his case, on the basis
that irreparable damage would be caused to Mr. Thomas should he be
executed before the Commission addressed his claims. The Commission did
not receive a response to its request from the State.
41. During the period
covered by this report, the Commission continued receiving information
in relation to the measures granted in 1998 in favor of Messrs. Steve
Shaw (case 12.018), Desmond Taylor (case 12.022), Desmond McKenzie (case
12.023), Beresford Whyte (case 12.024), Gilbert Daley (case 12.025),
Deon McTaggart (case 12.026), Andrew Perkins (case 12.027), Everton
Morrison (case 12.029), Milton Monique (case 11.846), Dalton Daley (case
11.847) and Kevin Mykoo (case 11.843). In relation to seven of these
measures, those concerning Messrs. Shaw, Taylor, Whyte, Daley, McTaggart,
Perkins and Morrison, the processing terminated with the Commission’s
decision in March of 1999 that the cases were inadmissible (see section
3, infra). Additionally, the Commission continued receiving
information in relation to the precautionary measures granted in 1997 in
favor of Messrs. Neville Lewis (case 11.825), Leroy Lamey (case 11.826)
and Peter Blaine (case 11.827).
n. Mexico
42. On March 4, 1999, the
Commission granted precautionary measures on behalf of Angel Aguirre
Rodríguez, a prisoner who, according to the information before the
Commission, had been brutally beaten in the Nuevo León Social
Rehabilitation Center (CERESO de Apodaca), together with other prisoners
who had been meeting with representatives of Citizens in Support of
Human Rights, A. C. (CADHAC), who were allegedly harassed. The State
responded to the Commission’s request on March 19, 1999, with
information on the measures it had adopted, which consisted of the
intervention of the State Human Rights Commission of Nuevo León and of
the Government Secretariat of that state. The parties continued the
interchange of information and observations in relation to these
measures and the situation of the prisoners until October 4, 1999, when
the six month period for which the measures had been granted expired.
43. On April 13, 1999,
precautionary measures were granted on behalf of José Rentería Pérez
and 14 persons from La Humedad, Oaxaca. According to the request
received, on January 15, 1999, unknown individuals broke into the home
of the nuns of the community, interrogated them about their activities
and made threats against them and the other persons included in the
request, including the municipal president elected in accordance with
"usage and customs." Pursuant to various communications from
the parties in relation to the measures in effect, and the situation of
security of the persons protected, the Commission extended the measures
for six months as of August 8, 1999, and the parties continued
presenting the corresponding information and observations.
44. On September 9, 1999,
the Commission granted precautionary measures and requested that the
State adopt specific and urgent measures to protect the lives and
physical integrity of Digna Ochoa y Plácido, Edgar Cortéz Morales and
the members of PRODH (this matter is being processed as case 12.229).
According to the information received, on September 3, 1999, PRODH
received three envelopes containing threats made against the Center’s
Director and staff, apparently in relation to the Center’s activities
in the defense of human rights. The petitioners claimed that there was a
connection between these activities and the kidnapping of Ms. Digna
Ochoa y Plácido, the Center’s attorney, which was carried out by
unknown persons on August 9, 1999. They indicated that during the
kidnapping, the assailants took certain personal items of Ms. Ochoa y
Plácido, including her personal calling cards, one of which was placed
in one of the envelopes referred to above containing the threats. On
September 21, 1999, the State reported that the National Human Rights
Commission (CNDH) had taken steps to protect the persons named, that
preliminary investigations had been initiated by the Office of the
Attorney-General of the Federal District, and that the Human Rights
Commission of the Federal District had also intervened. Within the time
period set for receiving comments, the petitioners reported on another
serious attack against Ms. Digna Ochoa, which led to the request for
provisional measures submitted to the Inter-American Court on November
11, 1999. (See section D.1, infra).
45. On September 17, 1999,
the IACHR granted precautionary measures to protect the life and
physical integrity of journalist Jesús Barraza Zavala, on the basis of
information that he had received death threats from members of the
judicial police of the state of Sonora in connection with his
investigations into corruption and ties to drug trafficking in that
institution. In response to the Commission’s request, the State
declared on October 7, 1999, that the National Human Rights Commission
was in communication with Mr. Barraza twice a day and that the
investigations into the alleged acts were continuing. Pursuant to this
response, the parties continued presenting information and observations
in relation to these measures.
o. Nicaragua
46. On February 12, 1999,
the Commission granted precautionary measures and required the State of
Nicaragua to adopt measures to protect the lives and physical integrity
of Mr. Agustín Jarquín Anaya, and Messrs. Rafael Córdoba Alvarez and
Eddy Stubbs Guillén. According to the information presented, the
threats against Comptroller Joaquín Anaya were proffered by the
President, Dr. Arnoldo Alemán, and were related to the activities
undertaken by the victims in the performance of their professional
duties in the General Department for Integrity in Public Service of the
Office of the Comptroller-General of the Republic. On February 23, 1999,
the State transmitted to the Commission its observations in which it
denied, firstly, that President Arnoldo Alemán Lacayo had threatened
any public official. The Government also declared that, in keeping with
the measures requested, the protection and personal security of the
persons in question had been increased, including, in the case of Mr.
Anaya, a personal escort service comprised of five persons; protection
of his residence and place of work by a uniformed policeman 24 hours a
day; and a telephone communications monitoring service, by the
Department of Investigation of Personal Security Matters in coordination
with the Department of Criminal Investigation of the National Police, to
process information and investigate threats made against him. Pursuant
to that response, the parties continued presenting information and
observations in relation to these measures.
47. On October 7, 1999,
the Commission granted precautionary measures in favor of Mr. Alvaro José
Robelo González and his wife Lucía Raffone, on the basis of
information received to the effect that the State of Nicaragua had
canceled Mr. Robelo’s Nicaraguan passport, and that he had received
death threats by telephone. In response to the Commission’s request,
by note of October 12, 1999, the Nicaraguan Government informed the
Commission that it had transmitted the request for precautionary
measures to the Ministry of Government so that, in consultation with the
interested parties, it could be implemented. Subsequently, on February
29, 2000, the State reported that it had provided Mr. Alvaro Robelo with
the services of an agent of the National Police for his own security and
that of his family for a period of four months, as from October 27,
1999. It also reported that Mr. Robelo and his wife had left Nicaragua
on November 4, 1999, that to date they had not returned to the country,
and that Mr. Robelo retained his Nicaraguan passport.
p. Peru
48. On January 28, 1999,
the Commission granted precautionary measures and requested that the
Peruvian State adopt effective measures to protect the health and
personal integrity of Mr. Juan Francisco Tulich Morales; these measures
are being processed in the context of case 12.171. According to the
information received, Mr. Tulich Morales was detained in the Prison of
Socabaya, located in Arequipa, and had not had access to the medical
attention, care and medication necessary for his health condition.
During the period of this report, the parties continued providing
information.
49. On February 2, 1999,
the Commission granted precautionary measures on behalf of Jesús
Mezarina Retamozo and the other members of his family. During the
on-site visit that the Commission had conducted in Peru, it had received
information in relation to harassment to which he was subjected,
allegedly by agents of the Peruvian Army. The measures were based on the
need to protect the life of Mr. Mezarina Retamozo, who had suffered an
attack against his life on November 30, 1998, when persons unknown had
fired at him twice with firearms as he was leaving his home. On March
30, 1999, the State informed the Commission of the specific measures
that had been adopted, and pursuant to that response, the parties
continued presenting the corresponding information and observations.
50. On November 21, 1999,
the Commission granted precautionary measures on behalf of journalist
Guillermo Gonzáles Arica, in the context of case 12.085. The Commission
had received information in relation to repeated acts of persecution
against Mr. Gonzáles Arica, allegedly by security agents of the State
of Peru. The measures which the State of Peru was requested to adopt
were based on the need to enable Mr. Gonzáles Arica to fully exercise
his freedom of expression. On December 21, 1999, the State responded to
the Commission’s request by stating that it did not consider it
necessary to adopt additional measures to those that were already
contemplated in the national legislation.
51. On March 10, 2000, the
Commission granted precautionary measures and addressed the State of
Peru to request that it adopt effective measures to protect the freedom
of expression and the press of Mr. Genaro Delgado Parker. These measures
are being processed in the context of case 12.262. According to the
information received, the authorities had stripped Mr. Delgado Parker of
control of the television chain "Global Network," and
confiscated the broadcasting equipment of his radio station "Radio
1160."
52. During the period of
this report, the parties continued presenting information and
observations in relation to the precautionary measures granted in
previous periods in favor of Ms. la Rosa Bustamante, Judge Minaya Calle,
the members of Aprodeh and others, Mr. Morales Zapata, Mr. Benítez
Rivas and family, and Mr. Noreña Llanos.
q. Trinidad and Tobago
53. On January 6, 1999,
the Commission requested the adoption of precautionary measures on
behalf of Wayne Matthews, who is sentenced to death and whose case,
12.076, is pending before the Commission. The Commission requested that
the Republic of Trinidad and Tobago stay his execution until a decision
could be reached on the merits of the case, and based its request on the
fact that, should the State execute the victim before the Commission had
an opportunity to examine the case, any eventual decision would be
rendered moot in terms of the efficacy of potential remedies, such as a
recommendation of commutation of sentence, and would cause the victim
irreparable harm. The Commission did not receive a response to its
request from the State. As reported in section D.1 infra, in
response to the Commission’s request, the Inter-American Court of
Human Rights ordered provisional measures in favor of Mr. Matthews in
May of 1999.
54. On January 21, 1999,
the Commission granted precautionary measures on behalf of Alfred
Frederick and Natasha De Leon, who are sentenced to death and whose
cases, 12.082 and 12.093, are pending before the Commission. The
Commission requested that the Republic of Trinidad and Tobago stay their
executions until decisions could be reached on the merits of the cases,
and based its request on the fact that, should the State execute the
victims before the Commission had an opportunity to examine the cases,
any eventual decisions by the Commission would be rendered moot in terms
of the efficacy of potential remedies, such as a recommendation of
commutation of sentence, and would cause the victims irreparable harm.
The Commission did not receive a response to its request from the State.
As reported in section D.1 infra, in response to the Commission’s
request, the Inter-American Court of Human Rights ordered provisional
measures in favor of Mr. Frederick and Ms. De Leon in May of 1999.
55. On March 4, 1999, the
Commission granted precautionary measures on behalf of Vijay Mungroo and
Phillip Chotalal, who are sentenced to death and whose cases, 12.111 and
12.112, are pending before the Commission. The Commission requested that
the Republic of Trinidad and Tobago stay their executions until
decisions could be reached on the merits of the cases, and based its
request on the fact that, should the State execute the victims before
the Commission had an opportunity to examine the cases, any eventual
decision would be rendered moot in terms of the efficacy of potential
remedies, such as a recommendation of commutation of sentence, and would
cause the victims irreparable harm. The Commission did not receive a
response to its request from the State. As reported in section D.1 infra,
in response to the Commission’s request, the Inter-American Court of
Human Rights ordered provisional measures in favor of Mr. Mungroo and
Mr. Chotalal in May of 1999.
56. On April 12, 1999, the
Commission granted precautionary measures on behalf of Naresh Boodram
and Joey Ramiah, who are sentenced to death and whose case, 12.129, is
pending before the Commission. The Commission requested that the
Republic of Trinidad and Tobago stay their executions until a decision
could be reached on the merits of the case, and based its request on the
fact that, should the State execute the victims before the Commission
had an opportunity to examine the case, any eventual decision would be
rendered moot in terms of the efficacy of potential remedies, such as a
recommendation of commutation of sentence, and would cause the victims
irreparable harm. The Commission did not receive a response to its
request from the State. As reported in section D.1 infra, in
response to the Commission’s request, the Inter-American Court of
Human Rights ordered provisional measures in favor of Mr. Boodram and
Mr. Ramiah in May of 1999.
57. On April 28, 1999, the
Commission granted precautionary measures in favor of Nigel Mark, who is
sentenced to death and whose case, 12.137, is pending before the
Commission. The Commission requested that the Republic of Trinidad and
Tobago stay his execution until a decision could be reached on the
merits of the case, and based its request on the fact that, should the
State execute the victim before the Commission had an opportunity to
examine the case, any eventual decision would be rendered moot in terms
of the efficacy of potential remedies, such as a recommendation of
commutation of sentence, and would cause the victim irreparable harm.
The Commission did not receive a response to its request from the State.
As reported in section D.1 infra, in response to the Commission’s
request, the Inter-American Court of Human Rights ordered provisional
measures in favor of Mr. Mark in May of 1999.
58. On May 1, 1999, the
Commission granted precautionary measures in favor of Wilberforce
Bernard and Steve Mungroo, who are sentenced to death and whose cases,
12.140 and 12,141, are pending before the Commission. The Commission
requested that the Republic of Trinidad and Tobago stay their executions
until decisions could be reached on the merits of the cases, and based
its request on the fact that, should the State execute the victims
before the Commission had an opportunity to examine the cases, any
eventual decision would be rendered moot in terms of the efficacy of
potential remedies, such as a recommendation of commutation of sentence,
and would cause the victims irreparable harm. The Commission did not
receive a response to its request from the State. As reported in section
D.1 infra, in response to the Commission’s request, the
Inter-American Court of Human Rights ordered provisional measures in
favor of Mr. Bernard and Mr. Mungroo in May of 1999.
59. On May 11, 1999, the
Commission granted precautionary measures in favor of Kelvin Dial and
Andrew Dottin, who are sentenced to death and whose case, 12.145, is
pending before the Commission. The Commission requested that the
Republic of Trinidad and Tobago stay their executions until a decision
could be reached on the merits of the case, and based its request on the
fact that, should the State execute the victims before the Commission
had an opportunity to examine the case, any eventual decision would be
rendered moot in terms of the efficacy of potential remedies, such as a
recommendation of commutation of sentence, and would cause the victims
irreparable harm. The Commission did not receive a response to its
request from the State. As reported in section D.1 infra, in
response to the Commission’s request, the Inter-American Court of
Human Rights ordered provisional measures in favor of Mr. Dial and Mr.
Dottin in May of 1999.
60. On May 8, 1999, the
Commission granted precautionary measures in favor of Peter Benjamin and
Krishendath Seepersad, who are sentenced to death and whose cases,
12.148, and 12.149, respectively, are pending before the Commission. The
Commission requested that the Republic of Trinidad and Tobago stay their
executions until a decision could be reached on the merits of these
cases, and based its request on the fact that, should the State execute
the victims before the Commission had an opportunity to examine these
cases, any eventual decision would be rendered moot in terms of the
efficacy of potential remedies, such as a recommendation of commutation
of sentence, and would cause the victims irreparable harm. The
Commission did not receive a response to its request from the State. As
reported in section D.1 infra, in response to the Commission’s
request, the Inter-American Court of Human Rights ordered provisional
measures in favor of Mr. Benjamin and Mr. Seepersad in May of 1999.
61. On May 20, 1999, the
Commission granted precautionary measures in favor of Anthony Johnson
and Allan Phillip, who are sentenced to death and whose cases, 11.718,
and 12.151, respectively, are pending before the Commission. The
Commission requested that the Republic of Trinidad and Tobago stay their
executions until a decision could be reached on the merits of these
cases, and based its request on the fact that, should the State execute
the victims before the Commission had an opportunity to examine these
cases, any eventual decision would be rendered moot in terms of the
efficacy of potential remedies, such as a recommendation of commutation
of sentence, and would cause the victims irreparable harm. The
Commission did not receive a response to its request from the State. As
reported in section D.1 infra, in response to the Commission’s
request, the Inter-American Court of Human Rights ordered provisional
measures in favor of Mr. Johnson and Mr. Phillip in May of 1999.
62. On May 21, 1999, the
Commission granted precautionary measures in favor of Narine Sooklal,
who is sentenced to death and whose case, 12.152, is pending before the
Commission. The Commission requested that the Republic of Trinidad and
Tobago stay the execution until a decision could be reached on the
merits of the case, and based its request on the fact that, should the
State execute the victim before the Commission had an opportunity to
examine the case, any eventual decision would be rendered moot in terms
of the efficacy of potential remedies, such as a recommendation of
commutation of sentence, and would cause the victim irreparable harm.
The Commission did not receive a response to its request from the State.
As reported in section D.1 infra, in response to the Commission’s
request, the Inter-American Court of Human Rights ordered provisional
measures in favor of Mr. Sooklal in May of 1999.
63. On May 25, 1999, the
Commission granted precautionary measures in favor of Amir Mowlah, who
is sentenced to death and whose case, 12.153, is pending before the
Commission. The Commission requested that the Republic of Trinidad and
Tobago stay his execution until a decision could be reached on the
merits of the case, and based its request on the fact that, should the
State execute the victim before the Commission had an opportunity to
examine the case, any eventual decision would be rendered moot in terms
of the efficacy of potential remedies, such as a recommendation of
commutation of sentence, and would cause the victim irreparable harm.
The Commission did not receive a response to its request from the State.
As reported in section D.1 infra, in response to the Commission’s
request, the Inter-American Court of Human Rights ordered provisional
measures in favor of Mr. Mowlah in May of 1999.
64. On June 3, 1999, the
Commission granted precautionary measures on behalf of Mervyn Parris and
Francis Mansingh, who are sentenced to death and whose cases, 12.156 and
12.157, respectively, are pending before the Commission. The Commission
requested that the Republic of Trinidad and Tobago stay their executions
until a decision could be reached on the merits of these cases, and
based its request on the fact that, should the State execute the victims
before the Commission had an opportunity to examine these cases, any
eventual decision would be rendered moot in terms of the efficacy of
potential remedies, such as a recommendation of commutation of sentence,
and would cause the victims irreparable harm. The Commission did not
receive a response to its request from the State. As reported in section
D.1 infra, in response to the Commission’s request, the
Inter-American Court of Human Rights ordered provisional measures in
favor of Mr. Parris and Mr. Mansingh in May of 1999.
65. During the period in
reference, the Commission continued receiving information in relation to
the precautionary measures granted in 1998 in favor of Wilson Prince
(case 12.005), Mario Pedro (case 12.039), Mervyn Edmund (case 12.042),
Samuel Winchester (case 12.043), Martin Reid (case 12.052), Rodney Davis
(case 12.072) and Gangadeen Tahaloo (case 12.073). As reported infra,
in relation to these situations, except that of Mr. Pedro, the
Commission requested and the Inter-American Court of Human Rights
granted provisional measures in May of 1999. Further, the Commission
continued receiving information in relation to the precautionary
measures granted in 1997 in favor of George Constantine (case 11.787),
Indravani (Pamela) Ramjattan (case 11.837), Clarence Charles (case
11.851) and Keiron Thomas (case 11.853). As is reported infra, in
relation to these situations, except that of Ms. Ramjattan, whose
sentence was commuted in February of 1999, the Commission requested and
the Inter-American Court of Human Rights granted provisional measures in
May of 1999 (see section D.1, infra).
r. United States
66. On June 8, 1999, the
Commission granted precautionary measures on behalf of Joseph Stanley
Faulder, who was sentenced to death and scheduled to be executed in the
state of Texas on June 17, 1999, and whose case, 12.168, is pending
before the Commission. The Commission requested that the United States
stay the execution until it had the opportunity to fully investigate the
claims raised in the petition, on the basis that if Mr. Faulder was
executed before the Commission investigated his case, his death would
constitute irreparable harm. The Commission did not receive a response
to its request from the State, and Mr. Faulder was executed on June 17,
1999.
67. On June 28, 1999, the
Commission issued precautionary measures in the case of Mary and Carrie
Dann, case 11.140, and requested that the United States take appropriate
measures to stay the efforts of the Bureau of Land Management to impound
their livestock, until the Commission had the opportunity to fully
investigate the claims raised in the petition. The Commission did not
receive a response to this request.
68. On August 27, 1999,
the Commission granted precautionary measures on behalf of David
Leisure, who was sentenced to death and scheduled to be executed in the
state of Missouri on September 1, 1999, and whose case, 12.201, is
pending before the Commission. The Commission requested a stay of
execution in order to avoid irreparable harm to Mr. Leisure. The
Commission did not receive a response to its request from the State, and
Mr. Leisure was executed on September 1, 1999.