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PRESS RELEASE Nº 4/01
1.
The 110th regular session of the Inter-American Commission on Human
Rights (“the Inter-American Commission” or “the IACHR”) came to an
end on March 9, 2001. The Inter-American Commission elected its board of
officers, comprising Dean Claudio Grossman, as Chairman, Dr. Juan E. Méndez,
First Vice-Chairman, and Ms. Marta Altolaguirre, Second Vice-Chairman. Also
present at its meetings were Commissioners Hélio Bicudo, Robert K. Goldman,
Peter Laurie, and Julio Prado Vallejo. The meetings were prepared and
coordinated by Executive Secretary Jorge E. Taiana, with assistance from
Assistant Executive Secretary David J. Padilla.
2.
During this period of sessions, the IACHR met with Dr. César Gaviria,
the Secretary General of the OAS. These meetings, which have become
traditional over recent years, offer valuable opportunities for dialogue to
flow between the General Secretariat and the Commission. They agreed
wholeheartedly about strengthening the IACHR’s administrative autonomy and
about the need to avoid any interference in the delicate functioning of the
OAS’s chief human rights protection body. I.
JOINT MEETING BETWEEN THE IACHR AND THE INTER-AMERICAN COURT 3.
On March 8, 2001, the IACHR held its annual joint meeting with the
Inter-American Court of Human Rights. The Court was represented by its
President, Dr. Antonio A. Cançado
Trindade, its Vice-President, Dr. Máximo Pacheco Gómez, Judges Alirio
Abreu Burelli, Sergio García Ramírez, Carlos Vicente De Roux Rengifo, and
Hernán Salgado Pesantes; and by Secretary Manuel Ventura Robles and
Assistant Secretary Renzo Pomi.
4.
The meeting addressed several issues of mutual interest, including
the implementation of the amendments to the bodies’ rules of procedure,
which promise great improvements in the fields of juridical certainty and
access to proceedings by victims and their representatives. The IACHR and
the Court also analyzed their joint search for better funding of their
operations; compliance with the Court’s judgements and the IACHR’s
recommendations; strengthening the inter-American human rights protection
system; and closer cooperation between the two organs in performing their
duties. The meeting also reiterated the importance of these annual meetings
between the Commission and the Court in continuing their institutional
cooperation for the protection and defense of human rights. II.
VISIT BY PERUVIAN JUSTICE MINISTER
5.
On February 22, 2001, the IACHR held a meeting with Peru’s Minister
of Justice, Dr. Diego García-Sayán, and Amb. Manuel Rodríguez Cuadros,
that country’s Permanent Representative to the OAS. Acting on behalf of
his government, Dr. García-Sayán submitted a wide-ranging proposal for
resolving 165 cases, which account for more than half the cases involving
Peru currently being processed by the IACHR. Dr. García-Sayán explained
that this initiative was among the steps being taken by the current
government in order to restore democratic institutionality and reestablish
the rule of law and respect for human rights in Peru. At the meeting the Inter-American Commission once again noted
its appreciation of the measures for redefining and strengthening the basic
institutions of state that have been adopted by the transitional government
under the leadership of President Dr. Valentín Paniagua, the members of his
cabinet, and the Congress of the Republic of Peru.
6.
These cases will be resolved in full compliance with the
international obligations assumed by Peru in its capacity as a sovereign
state and with the following specific guidelines: Peru’s responsibility in
those cases that involve human rights violations is to be recognized; amends
for the damages and other repercussions suffered as a result of those human
rights violations are to be made to the victims or their families; the
appropriate investigations are to be conducted by an autonomous judiciary to
determine the applicable responsibilities; the precautionary measures
recommended by the Commission are to be implemented; and friendly settlement
proceedings are to be pursued, with the involvement of the IACHR, the
petitioners, and the victims or their relatives. III.
EVENT WITH THE INTER AMERICAN PRESS ASSOCIATION
7.
On March 2, 2001, the Inter American Press Association (IAPA) adhered
to the Inter-American Declaration of Principles on Freedom of Expression at
a ceremony held at OAS headquarters. The gathering was addressed by OAS
Secretary General Dr. César Gaviria, IACHR Chairman Dean Claudio Grossman and Executive
Secretary Amb. Jorge E. Taiana, IAPA President Danilo Arbila, and the
IACHR’s Special Rapporteur for Freedom of Expression, Dr. Santiago Canton.
8.
The Inter-American Declaration of Principles on Freedom of Expression
aspires to protect that fundamental right more effectively through the
Office of the Special Rapporteur created for that purpose within the
framework set by Article 13 of the American Convention and other applicable
provisions. The Declaration, which comprises 13 principles, was drawn up by
the Office of the Special Rapporteur and subjected to a wide-ranging
consultation process involving specialized sectors of civil society. The
Declaration defines freedom of expression as “an indispensable requirement
for the very existence of a democratic society.”
Jurisprudence from both the Commission and the Inter-American Court has
stressed the importance of this right, both in and of itself and as a
guarantee for the protection of other basic rights. IV.
ATTACKS ON HUMAN RIGHTS DEFENDERS
9.
During this session, and at the request of a number of prominent
nongovernmental organizations, the Commission held a hearing on the
situation prevailing among human rights activists in the hemisphere. At the
hearing the Commission received information about threats, attacks, and
assaults (including some fatal ones) perpetrated against human rights
organizations and defenders in several of the region’s countries, with the
intention of interfering with their work in favor of human rights.
10.
The IACHR has frequently used the precautionary measures mechanism
provided for in Article 29 of its Regulations to protect the lives and
physical integrity of human rights workers. The Inter-American Commission has received numerous
complaints of human rights defenders who have been harassed or killed in
Colombia; the vast majority of these incidents, which remain unpunished, are
the work of paramilitary groups. The Inter-American Commission is similarly
concerned by information it has received from Guatemala, where human rights
activists have had their property invaded, been harassed, and received
threats, and from Cuba, where such human rights defenders do not enjoy
freedom of expression or freedom of assembly and are targets for coercion
and imprisonment. The Commission will formally communicate with the
authorities about its specific concerns relating to the guarantees that
human rights defenders must enjoy in the performance of their duties. V.
ANNUAL REPORT
11.
The Commission spent a significant proportion of its meeting time on
its Annual Report for the year 2000, which will be submitted to the OAS
General Assembly in San José, Costa Rica, in June 2001. Specifically, it
approved the plan of the report and the contents of its different chapters. VI.
PETITIONS AND INDIVIDUAL CASES
12.
The Commission continued its analysis of numerous individual
communications alleging violations of human rights protected by either the
American Convention or the American Declaration, or both, and it adopted a
total of 63 reports on individual cases and petitions. The following list
indicates the 32 reports in which the IACHR issued a public decision: A.
Decisions
i.
Inadmissible –
Ernesto Ramón Chiacchiarela, Petition 28/96, Argentina
ii.
Admissible
–
Fernando Giovanelli, Case 12.298 – Report 30/01, Argentina
iii.
Friendly Settlement
–
Juan Clímaco Cuéllar et
al., Case 11.478 – Report 19/01, Ecuador
B.
Cases closed
13.
Pursuant to Article 48(1)(b) of the American Convention and Article
35(c) of its Regulations, the IACHR examined a number of files and decided to
close the following cases: –
11.711, Guillermo Cherashny, Argentina – 11.371,
Duplessis Heudouville, Haiti C.
Hearings, working meetings, and friendly settlements
14.
The Commission held 46 hearings on individual cases, the human rights
situation in different states around the hemisphere, precautionary measures,
compliance with recommendations, and other matters over which it has
jurisdiction.
15.
The IACHR also held hearings to follow up on the recommendations it
issued in seven reports on cases involving Mexico. These meetings were
attended by the head of the Human Rights Directorate of that country’s
Secretariat of Foreign Affairs, Mr. Juan José Gómez Camacho. The Director
for Human Rights expressly stated his country’s willingness to cooperate
with the mechanisms that exist for monitoring compliance with the
Inter-American Commission’s recommendations. The IACHR welcomes the
Mexican government’s stance and trusts that as a result, justice will be
done in the individual cases that have been brought before it. In addition,
working meetings were held to deal with several individual cases from Mexico
that are still being processed and in which the parties agreed that concrete
progress has been made.
16.
Mention should also be made of the presence of State Attorney General
of Ecuador, Dr. Ramón Jiménez Carbo, who attended working meetings with
the petitioners in 13 cases that are in the friendly settlement phase or
regarding which agreements for implementing the IACHR’s recommendations
are being negotiated. Dr. Jiménez Carbo reported on the major progress made
with victim compensation efforts and offered to actively promote the
friendly settlement mechanism in an additional six cases.
17.
Working meetings were also held with petitioners and government
representatives from Brazil, Chile, the Dominican Republic, Guatemala,
Honduras, Paraguay, and Peru. The Inter-American Commission appreciates the
valuable contributions made by all the participants at those meetings, which
resulted in concrete progress toward the friendly settlement of several
cases.
18.
Further to the meeting with Peru’s Minister of Justice, during this
period of sessions and with the support and approval of the IACHR, the
petitioners in cases 11.756 (Leonor La Rosa Bustamante), 12.095 (Mariela
Barreto), and 12.191 (María Mamérita Mestanza) and government
representatives reached preliminary friendly settlement agreements. Under
these, Peru acknowledged its international responsibility for the incidents
described in the cases, and ground rules were set for their friendly
settlement: namely, investigation and punishment of the human rights
violations involved, the provision of material and moral compensation, and
preventive measures to prevent similar incidents occurring in the future. VII.
SIGNATURE AND
RATIFICATION OF INTER-AMERICAN INSTRUMENTS
19.
On January 8, 2001, the Permanent Representative of Peru to the OAS
signed the instrument of ratification of the Inter-American Convention on
Forced Disappearance of Persons. On January 31, 2001, the Permanent
Representative of Peru to the OAS presented the Organization’s Secretary
General with a document certifying the normalization of that country’s
situation vis-à-vis the Inter-American Court and its compliance with the
Court’s judgments ruling inadmissible the unilateral action contained in
the “withdrawal of recognition of the contentious jurisdiction of the
Inter-American Court” by means of a legislative resolution dated July 7,
1999. The Commission congratulates Peru on those initiatives and, once
again, urges all the OAS member states to continue advancing toward their
full incorporation into the inter-American human rights system.
20.
During this session, the Inter-American Commission was told about
major progress in the inclusion of international human rights law into the
legislative and judicial systems of several of the hemisphere’s states.
These initiatives represent an important step forward for international
human rights commitments, and the Commission appreciates them enormously. In
particular, the Commission notes the recent initiatives toward this end
taken by Argentina, Mexico, and Peru, as well as those of other countries. VIII.
INVITATIONS FOR ON-SITE VISITS AND REPORT FOLLOW-UP
21.
The IACHR considered several invitations to conduct on-site visits
and trips to follow up on individual case reports that were submitted by
representatives of OAS member states. During this session, an invitation to
visit the Dominican Republic was received from that country’s government.
The IACHR also made progress with details relating to the invitations it has
received from Colombia, Ecuador, Panama, Peru, and Venezuela. IX.
OTHER ANNOUNCEMENTS
22.
Amb. Jorge E. Taiana has informed the IACHR of his decision to
terminate his service as the Commission’s Executive Secretary in order to
return to his country of origin, Argentina. This personal decision by the
Executive Secretary will take effect on July 31, 2001. Although the
Inter-American Commission fully understands his reasons, it nevertheless
regrets the departure of Amb. Taiana, who has played a decisive role in
developing and strengthening the inter-American human rights system by dint
of his professional skills, high personal and intellectual integrity,
understanding of the problems related to this field, and far-reaching
sensitiveness. *
* * * * * * * *
23.
At the kind invitation of the Government of Chile, the Commission
will hold its next special session on April 4–6, 2001, in the city of
Santiago, Chile. The event will be combined with a protocol visit to that
country. Washington,
D.C., March 9, 2001 |