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PRESS
RELEASE
N° 12/02 IACHR
CONCLUDES ITS 114TH REGULAR SESSIONS 1.
On March 15, 2002, the 114th period of regular sessions
of the Inter-American Commission on Human Rights (IACHR) was concluded.
Participating in the Sessions were: Dr. Juan E. Méndez, President; Lic.
Marta Altolaguirre, First Vice President; Dr. José Zalaquett Daher,
Second Vice President; and Commissioners Prof. Robert K. Goldman, Dr.
Julio Prado Vallejo, and Dr.
Clare Kamau Roberts. The
Executive Secretary of the Commission is Dr. Santiago A. Canton.
2.
Dr. Diego García-Sayán, who was elected to the Commission by the
OAS General Assembly in June of 2001, renounced his position on February
13, 2002. The reason for the decision was the fact that Dr. García-Sayán
is currently serving as the Minister of Foreign Affairs of Peru. In
accordance with the procedure provided for in the American Convention on
Human Rights and the IACHR Statute, the
Permanent Council has initiated the process to fill this vacancy. I.
PETITIONS, INDIVIDUAL CASES AND PRECAUTIONARY MEASURES
3. The Commission
continued to study the numerous individual petitions and cases alleging
violations of the human rights protected by the American Convention and/or
the American Declaration, and adopted a total of 49 reports on these
individual cases and petitions. Additionally, the Commission considered
requests presented within the terms of Article 25 of its Rules and decided
to authorize precautionary measures in 10 cases. An annex to this press
release lists the 40 reports in which the decision of the IACHR is public
in nature, as well as the precautionary measures authorized.
II.
HEARINGS AND MEETINGS
4. During the week
of March 4th through 8th, 2002, the Inter-American
Commission held 24 hearings on individual cases and petitions in the
admissibility, merits, friendly settlement and follow-up stages. Other
hearings had the objective of receiving general information on the human
rights situation in a particular country, or on a theme within the IACHR's
competence. Additionally, several meetings were held with parties, in
which themes relating to the resolution of various issues were discussed,
particularly in cases in which a friendly settlement is being explored.
The complete list of hearings held is also attached as an annex to this
press release.
A.
Plenary Sessions 5.
In the course of the sessions, the Inter-American Commission held
plenary hearings on the human rights situation in Colombia, Haiti, Peru
and Venezuela. Additionally, the Commission, with all of its members,
received representatives of the State and of civil society organizations,
who presented information on the situation of the rights of women in
Ciudad Juárez, Mexico, and on the case of the investigation of the death
of Digna Ochoa, a Mexican human rights defender. 6.
The hearing on the situation of human rights in Colombia served to
update the information received during the in
loco visit to that country in December of 2001. During the sessions,
the IACHR considered its progress in the preparation of its draft report
on Colombia. 7.
The IACHR heard a delegation of representatives of Venezuelan civil
society that reported on the general situation of human rights in that
country. During the sessions, the Inter-American Commission also received
information from the Executive Secretary and the Office of the Special
Rapporteur for Freedom of Expression regarding the preparatory visit to
Venezuela, which took place in February 2002. The Commission also
discussed the preparation of the upcoming in
loco visit to Venezuela in May, at the recent invitation of the
President of the Republic, Hugo Chavez Frias. 8.
In addition, the plenary of the IACHR received information on the
human rights situation in Haiti. During the sessions, the Commission
considered Resolution 806,
issued on January 16, 2002 by the Permanent Council of the OAS, based upon
which it was agreed to suggest different alternatives for action, within
the framework of the functions assigned to the IACHR by the American
Convention and its Statute. In this respect, the Inter-American Commission
sent a delegation in February 2002 and will carry out a visit in the
coming weeks to deepen and elaborate on its activities with respect to
Haiti. 9.
Representatives of the Mexican Government and of the petitioners
were present at the hearing on the investigation of the death of the human
rights defender Digna Ochoa. Also in attendance was the independent expert
that the Inter-American Commission assigned to the task of following the
investigation, which is currently being carried out by the Office of the
Attorney General of the Federal District of Mexico. The IACHR advisor will
carry out his activities with the authorization of the Mexican federal
government, which has made possible full access to the files of the
investigation. 10.
During the period of sessions that concludes today, a public
plenary hearing was held at the headquarters of the Inter-American
Commission on terrorism and human rights, in which noted independent
experts on this issue participated. In this session, the Commission
received written and oral opinions by experts Joan Fitzpatrick, David
Martin, Aryeh Neier, Jorge Santistevan and Ruth Wedgewood. After the
public hearing, the Commissioners had the opportunity to discuss and
consider ideas regarding the scope and content of the study on terrorism
and human rights that is being prepared, based on the Resolution on this
issue approved by the IACHR on December 12, 2001. 11.
The IACHR believes that its report will be very useful in the
interpretation of the norms of international law and their application in
the domestic law of the OAS member states, particularly due to the
sensitive nature of the issue under consideration and because of the
challenge posed by terrorism after September 11, 2001. B.
Meetings
12.
In the framework of a growing collaboration with the human rights
organs of the universal system, the Commission received Maria Francisca
Ize-Charrin, head of the Services Branch, and Dr. Roberto Garretón,
advisor for Latin America to the United Nations High Commissioner for
Human Rights. The distinguished visitors shared information and presented
a series of concrete suggestions for measures of cooperation with the
inter-American human rights system. Along the same lines, the Commission
held a meeting with Dr. Rodolfo Stavenhagen, United Nations Special
Rapporteur on the Situation of the Human Rights and Fundamental Freedoms
of Indigenous People. In addition to their meetings with the
Commissioners, the visitors from the United Nations had the opportunity to
exchange information with the professionals of the Executive Secretariat. 13.
During this regular period, representatives of the IACHR met with
Dr. Paulo Sergio Pinheiro, Secretary of State for Human Rights of Brazil.
In the meeting, discussions were furthered with respect to the initiative
of the Brazilian government to pursue the friendly settlement of a number
of pending cases and petitions, as well as follow-up on the
recommendations in cases decided by the Inter-American Commission. 14.
Additionally, the IACHR received Dr. Sofía Macher and Dr. Carlos
Iván De Gregori, members of the Truth Commission in Peru, at its
headquarters. In this meeting, they discussed the work carried out by that
Commission, as well as the possibilities for the collaboration of the
IACHR within the framework of its competence. It should be emphasized that
the inter-American system places great importance on guaranteeing the
right to the truth in situations of systematic human rights violations. 15.
The Inter-American Commission has noted on numerous occasions the
great importance of the work of human rights defenders. In addition to the
hearing dedicated to this theme, in the course of the sessions a meeting
was held during which the Executive Secretary and the Unit for Human
Rights Defenders shared information with a large delegation of
representatives of civil society. 16.
A group of made up of owners of communications media, journalists
and representatives of civil society from Venezuela was received by the
IACHR during the sessions. The visitors expressed a number of concerns
relating to the situation of freedom of expression in that country. 17.
The Commissioners received Dean Claudio Grossman, observer in the
process being carried out in Argentina to investigate the attack against
the headquarters of the Asociación Mutual Israelita Argentina (AMIA).
Dean Grossman presented updated information on this issue. It should be
mentioned that the Argentine government, in the context of a case pending
before the IACHR, invited this body to designate an observer in the AMIA
process. 18.
In the course of the sessions, the IACHR also met with
representatives of various governments and civil society organizations and
other individuals who provided general information within the framework of
its functions of protection and promotion of human rights in the
hemisphere. III.
RAPPORTEURSHIPS
19.
Within its mandate, the Inter-American Commission has created
various rapporteurships on different issues, as a mechanism of protection
and promotion of human rights in the hemisphere. 20.
In this context, during the present period, the Rapporteur on the
Rights of Women informed the Commission of her in
loco visit on February 12th and 13th, 2002 to
evaluate the situation women's rights in Ciudad Juárez, Mexico. The visit
was carried out at the invitation of the government of President Vicente
Fox, and in response to previous expressions of concern by various
representatives of civil society. In particular, the activity was focused
on the serious situation of violence against women in the city mentioned,
as well as the impunity due to the failure to identify those responsible.
This situation was also the subject of a hearing before the plenary of the
Inter-American Commission, in which representatives of Mexican civil
society and the government participated, including a delegation of the
state of Chihuahua. 21.
During the sessions, the IACHR also held other hearings with
special relevance for women's rights in the hemisphere. In this respect,
the IACHR received information on the situation of violence against women
in the Americas, women's rights in general, and other individual cases and
petitions currently pending that deal with these problems. 22.
The Commission continued with the process to select a new Special
Rapporteur for Freedom of Expression. It should also be mentioned that Dr.
Santiago Canton, in his capacity as Special Rapporteur of the IACHR for
Freedom of Expression, met with Mr. Eduardo Yáñez, known for his
participation as a panelist on the television program “El Termómetro”,
broadcast in Chile. Mr. Yáñez was accompanied by a delegation that
expressed a number of concerns related to the situation of freedom of
expression in Chile. 23.
The Rapporteurship on the Rights of Migrant Workers and their
Families presented a report for the consideration of the IACHR to be
included in the Annual Report for 2001. In addition, information was
presented regarding the Rapporteur's next visit on this issue to Guatemala
and the consideration of possible dates for a future visit to Mexico, in
both cases at the invitation of the respective governments. 24.
With respect to the rights of the child, the Commission received
the report of Dr. Hélio Bicudo, in conclusion of his mandate as
Rapporteur on this issue and as Commissioner. The Commission also
considered the work plan to be carried out by the Rapporteurship on the
Rights of the Child in 2002, based on a project to be financed by the
Inter-American Development Bank. IV.
ANNUAL REPORT
25.
The Commission dedicated a significant portion of the sessions to
considering its Annual Report for 2001, which will be presented to the OAS
General Assembly in Barbados in June of 2002. Washington, D.C., March 15, 2002
ANNEX PRESS
RELEASE 12/02 114TH
REGULAR SESSIONS I.
REPORTS OF A PUBLIC NATURE
A.
INADMISSIBILITY
- César Verduga Vélez,
P12.274 – Report 8/02, Ecuador
- Mario Alfredo Lares Reyes,
P12.379 – Report 19/02, United States -
Hernán Galeas, P11.627 – Report 20/02, Honduras - Bessy Alvarez and Blanca Rodríguez, P12.109 – Report 21/02, Honduras - Jesús C. Zablah and Clara E. de Zablah, P12.114 – Report 22/02, Honduras -
Rubén Ayala Bogado, P12.296 - Report 1/02, Paraguay
B.
ADMISSIBILITY
-
Jorge Fernando Grande, Case 11.498 – Report 3/02, Argentina - Ricardo Neira González, Case 11.685 – Report 4/02, Argentina -
Sergio y María Schiavini, Case 12.080 – Report 5/02, Argentina -
Manickavasagam Suresh, Case 11.661 – Report 7/02, Canada -
Noel Omeara Carrascal and others, Case 11.482 – Report 8/02,
Colombia -
Aucan Huilcaman and others, Case 11.856 – Report 9/02, Chile -
James Judge, Case 12.393 - Report 10/02, Ecuador -
Joaquín Hernández A. and others, Case 12.394 – Report 11/02,
Ecuador -
Jesús Enrique Valderrama
Perea, Case 12.290 – Report 12/02, Ecuador -
Tomás Lares Cipriano, Case 11.171 – Report 13/02, Guatemala -
Bruce Harris, Case 12.352 – Report 14/02, Guatemala -
Ramón Hernández B. and others, Case 11.802 – Report 15/02,
Honduras -
Marco A. Servellón B. and others, Case 12.331 – Report
16/02, Honduras -
Yakye Axa Community, Case 12.313 – Report 2/02, Paraguay
-
Sheldon Roach,
Case 12.346 and Beernal Ramnarage, Case 12.377 – Report
17/02, Trinidad and Tobago
C.
FRIENDLY SETTLEMENT -
Juan M. Contreras San Martín and others, P 11.715 – Report
32/02, Chile - Mónica Carabantes Galleguillos, P12.046 – Report 33/02, Chile
D. MERITS -
Diniz Bento Da Silva, Case 11.517 – Report 23/02, Brazil
E.
ARCHIVE
- María Elba
Rojas and others, P11.547, Costa Rica - Rudencio Masaquiza, P10.231, Ecuador
-
Sergio Fernando Archila, P11.201, Guatemala - Efraín Yaxon, P11.295, Guatemala - Estuardo López, P11.487, Guatemala - Juan y Aureliano Sirin Raxjal, P11.490, Guatemala -
Rodrigue Flanan, P11.117, Haiti -
Cajuste Lexius, Phabonord Sainvil and Sauveur Orelus, P11.150,
Haiti -
Fils Aimé Clerge, P11.151, Haiti -
Viergela Paul, P11.152, Haiti -
Jean Claude Joseph, P11.153, Haiti -
Jean Marie Vincent, P11.379, Haiti - José Dolores Rivera, P11.470, Honduras - Mario Lewis Miller, P11.751, Panama - Juan Francisco Herrera, P12.312, Panama - Sylvia Rodríguez Richeri, P11.521, Uruguay - Neyda Martínez de Sibils and others, P11.761, Uruguay II.
PRECAUTIONARY MEASURES
-
Inmates of the Urso
Branco Prison, Rondônia, Brazil - Embera Chamí Community, Colombia - REINICIAR, Colombia
-
Guillermo Quevedo
and functionaries of Tipografía Nacional, Guatemala
-
Francisco De León and 10 other forensic anthropologists, Guatemala -
Patrick Merisier and
Berthony Philippe, Haiti -
Detainees in the Guantánamo
Base, United States -
Napoleon Beazley,
United States -
Abu Ali Abdur Rahman
(formerly James Jones), United States -
Tracy Lee Housel,
United States -
Laorwins José Rodríguez
Enríquez and others (Venevisión), Venezuela
III.
HEARINGS (In
order of occurrence) -
Situation of human rights in Guatemala -
Follow-up of Case 11.198 – José María Ixcaya and others,
Guatemala
-
Situation of human
rights Haiti
-
Case 12.230 – Zoilamérica Narváez Murillo, Nicaragua -
Follow-up of Case 11.381 – Milton García Fajardo, Nicaragua -
Follow-up
of reports on friendly settlement and merits, Ecuador - Case 12.365 - Elías López Pita and Luis Shinin Laso, Ecuador - Case 11.620 – Rigoberto Acosta Calderón, Ecuador -
Case 11.515 – Bolívar
Camacho Arboleda, Ecuador -
Situation of human
rights in Cuba (two hearings) -
Situation of human rights in
Colombia (two hearings) -
Situation of human
rights in Antioquia and defenders,
Colombia -
Situation of detention
centers in Colombia -
Follow-up of individual cases,
Colombia (two hearings) -
P519/01- Jesús María Valle,
Colombia -
P12.362 - Luis Fernando Lalinde, Colombia -
P12.356 - Niños de Pueblorrico, Colombia -
Situation of the afro-Colombian population of Costa Nariñense,
Colombia -
Situation of human rights defenders in the Americas -
Situation of economic, social and cultural rights in the Americas -
Situation of human
rights of afro-descendants in the
Americas -
Case 12.266 - El Aro, Ituango, Colombia -
Case 10.916 - James Zapata Valencia and Heriberto Ramírez Llanos,
Colombia - P10.455 - Valentín Bastos, Colombia -
V.Delgado and inhabitants of El Paraíso, precautionary measures,
Colombia -
OFP, precautionary measures, Colombia -
CREDHOS, precautionary measures, Colombia -
Embera Katío, precautionary measures, Colombia -
Case 11.227, Unión Patriótica, Colombia -
P12.337 – Marcela Valdés Díaz, Chile -
P071/01 – Sonia Arce Esparza, Chile -
Situation of the right to freedom of expression in Chile -
Situation of human rights in Mexico (two hearings) -
Follow-up of Cases Peredo
V., Ejido Morelia and González Pérez, Mexico -
Situation of the rights of women in Ciudad Juárez, Mexico -
P 12.299 – Digna Ochoa and others, Mexico -
Situation of human
rights in Peru -
Situation of the right to freedom of expression in Panama -
Situation of the
rights of refugees in the Americas -
Situation of human
rights in Venezuela -
P453/01 –
Elías Santana, Venezuela -
P683/00 – Jaime Lusinchi, Venezuela -
Situation of afro-Brazilians and racial discrimination in Brazil -
Case 11.634 – Jailton Néri de Fonseca, Brazil -
Case 11.556 –
Masacre de Corumbiara, Brazil -
Follow-up of
Cases Tames, Coutinho M., Da Penha and De Oliveira, Brazil -
Situation of human
rights in Argentina -
Situation of access to medication in Argentina -
Situation of violence
against women in the hemisphere -
Situation of the
rights of women in the hemisphere P12.387 - Alfredo López, Honduras |