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PRESS RELEASE
No. 4/03
THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS CONCLUDED 117TH REGULAR SESSION
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1. On March 7,
2003 the Inter-American Commission on Human Rights concluded its 117th
regular session. At the outset, the IACHR renewed its officers as follows:
Marta Altolaguirre, President; José Zalaquett, First Vice-President;
Clare K. Roberts, Second Vice-President.
The other members of the IACHR are Robert K. Goldman, Juan E. Méndez,
Julio Prado Vallejo, and Susana Villarán.
The Executive Secretary of the Commission is Santiago A. Canton. I.
INDIVIDUAL PETITIONS AND CASES, AND PRECAUTIONARY MEASURES
2. The Commission
continued its consideration of numerous individual petitions and cases in
which violations are alleged of the human rights protected by the American
Convention, the American Declaration, and other inter-American
instruments. It adopted a
total of 41 reports on individual cases and petitions.
In addition, the Commission issued 5 precautionary measures
pursuant to Article 25 of its Rules of Procedure.
Attached to this press release is a list of the reports, as well as
a list of the precautionary measures issued. II.
HEARINGS AND MEETINGS
3. During the week
of February 24 to 28, 2003, the Inter-American Commission held 52
hearings. Those that refer to
individual cases and petitions addressed issues of admissibility, the
merits, friendly settlement, and follow-up.
Other hearings were held to receive general information on the
human rights situation in a given country, or on one or another subject
that comes under the purview of the IACHR.
The complete list of hearings is attached to this press release.
4.
The IACHR thanks the
attendants to the hearings, in a personal capacity or as petitioners, as
well as representatives of member states of the OAS.
In this regard, it is worth mentioning that Colombian
Vice-President Francisco Santos was present at the hearings, as well as
Cabinet secretaries and Attorney Generals of several countries. 5.
During the hearings, general information was received with respect
to Argentina, Brazil, Chile, Colombia, Cuba, El Salvador, Guatemala,
Haiti, Honduras, Mexico, Nicaragua, Peru, and Venezuela. The IACHR also
focused on issues such as the administration of justice, in Argentina, El
Salvador and Peru. In
addition, the IACHR heard from civil society organizations and officials
of the Mexican Government who presented information on the situation of
violence against women in Ciudad Juárez. 6.
Torture and racial discrimination were matters of special concern
addressed in this session. In
the context of its cooperation with the United Nations mechanisms, the
Inter-American Commission received information form Mr. Theo Van Boven, Special
Rapporteur of the Commission on Human Rights on the question of torture,
and Mr. Doudou Diene, Special Rapporteur of the Commission on Human Rights
on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance. In
addition, the Commission held hearings in which it received information on
torture in Argentina, Brazil, and Chile. 7.
The development of economic, social and cultural rights
(“ESCR”) is one of the Commission’s priorities.
In this regard, it received information on the general situation of
ESCR in several countries of the hemisphere, as well as an analysis of the
most recent case-law developments in this matter.
Also, the IACHR was advised of the situation of persons living with
HIV/AIDS in several countries of the Americas. 8.
The hearings on the general human rights situation in the member
States addressed various issues under the purview of the IACHR.
In particular, information was received on the situation of the
right to freedom of expression in various countries.
The Office of the Special Rapporteur for Freedom of Expression of
the IACHR participated in those hearings.
The rights of indigenous peoples of the hemisphere were also the
subject of a hearing.
9.
The Commissioners held working sessions with the parties concerned,
regarding more than 50 petitions and cases from Argentina, Brazil,
Colombia, Guatemala, Mexico, Nicaragua, and Peru.
During these working sessions, specific aspects were discussed
regarding matters at different procedural stages before the inter-American
human rights system. The
discussions included progress in compliance with the Commission’s
recommendations, as well as the initiation and completion of friendly
settlements.
10.
The IACHR renewed its dialogue with representatives of several
member governments of the Caribbean Community (CARICOM).
Commission President Marta Altolaguirre and Second Vice-president
Clare Roberts met during the course of this session with representatives
of Antigua and Barbuda, Bahamas, Barbados, Belize, Grenada, Guyana, Haiti,
Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the
Grenadines, and Suriname. This
meeting provided an excellent opportunity for a wide-ranging discussion of
issues related to the protection and promotion of human rights in the
Caribbean region.
11.
The President of the Inter-American Commission and lawyers of the
Executive Secretariat met with members of several non-governmental
organizations. In addition,
as is customary, the Executive Secretary engaged in an exchange of
information on issues of mutual interest with representatives of civil
society. III.
WORKING SESSION ON IMPLEMENTATION OF HUMAN RIGHTS
12.
On March 1, 2003, the IACHR held a “Working Session on the
Implementation of International Human Rights Commitments and Standards in
the Inter-American System”. This
event, which was possible thanks to the cooperation of the International
Justice Project, included four panels. The first provided a context and
summary of the issues to be addressed, while the three additional panels
discussed legislative, judicial, and intra-governmental mechanisms and
initiatives to implement international commitments related to human
rights. During the working session, more than 70 representatives of OAS
member states were able to hear from 15 independent experts and
governmental authorities on human rights commitments, and had an
opportunity to ask questions and share opinions with them.
IV.
ANNUAL REPORT
13.
The Inter-American Commission approved its Annual Report for 2002,
which will be submitted to the OAS General Assembly in Santiago, Chile in
June 2003.
V.
WORK BEFORE THE INTER-AMERICAN COURT
14.
Since its previous regular session, the IACHR has referred four
applications to the Inter-American Court of Human Rights, against Costa
Rica, Suriname, and Mexico. Below is a summary of the three cases that have been notified
by the Inter-American Court. During
the same period, it has submitted four requests for provisional measures
seeking protection for various individuals. Three of these refer to
Venezuela, and one to Colombia.
A.
CONTENTIOUS CASES
15.
Case 11821 on Stefano Ajintonea et al. against Suriname
(Moiwana Massacre) was submitted to the Court on December 20, 2002.
The facts refer to a military attack on the Ndjuka Maroon community
of Moiwana, in which the soldiers terrorized the inhabitants, massacred
over 40 men, women, and children, and completely destroyed the village. The survivors had to flee and then went into exile or ended
up as internally displaced persons, which resulted in the loss of their
property, their community, and their way of life.
More than 16 years after the fact, these events have not been
adequately investigated, nor have the persons responsible been punished.
The purpose of the application is for the Inter-American Court to
determine the responsibility of the State of Suriname for the continuing
denial of justice to the detriment of the inhabitants of Moiwana and their
family members, in violation of articles 25 and 8(1) of the American
Convention.
16.
On January 28, 2003, the IACHR referred Case 12367 on Mauricio
Herrera Ulloa and Fernando Vargas Rohrmoser (“La Nación” daily
newspaper) against Costa Rica. Herrera Ulloa, a journalist, wrote a series
of articles published by La Nación in May and December 1995, about a
diplomat named Félix Przedborski. In
those articles, he partially reproduced several articles from the Belgian
press that attributed illegal acts to Mr. Przedborski. The purpose of the
application is for the Court to establish the violations committed by
Costa Rica in the criminal conviction of Mauricio Herrera Ulloa, who was
found guilty of the crime of defamation, which resulted in the conviction
being entered into the Judicial Registry of Criminal Offenders; removal of
the link in the digital version of La Nación between Przedborski’s last
name and the articles written by Mauricio Herrera Ulloa; and the judicial
notification to Mr. Fernando Vargas Rohrmoser to comply with the judgment,
with the warning that possibly he would be found to be in criminal
contempt of the judicial authority. The Court is asked to determine
responsibility for violations of articles 13, 2, and 1(1) of the American
Convention.
17.
Case 12228 - Alfonso Martín del Campo Dodd against Mexico was
referred to the Inter-American Court on January 30, 2003.
Mr. Martín del Campo Dodd was arbitrarily detained on May 30,
1992, and subjected to torture and other cruel, inhuman, and degrading
punishment by members of the judicial police of Mexico City for the
purpose of making him confess to the murder of his sister and
brother-in-law, committed the night before.
Several judges ignored his allegations of torture and gave
probative value to the alleged confession, and he has been in prison ever
since. Considering that
Mexico accepted the contentious jurisdiction of the Inter-American Court
on December 16, 1998, the application refers to the facts that occurred
from that date on, when Alfonso Martín del Campo Dodd was arbitrarily
deprived of his liberty. The Court is asked to establish the responsibility of Mexico
for denying Alfonso Martín del Campo Dodd the rights to personal liberty,
due process, effective judicial protection, and humane treatment, on
keeping him arbitrarily detained and rejecting his statement of innocence
based on evidence that he had been forced to confess under torture, in
violation of articles 7, 8, 25, 5, and 1(1) of the American Convention. In
addition, the State is alleged to have given probative value to the
victim’s confession under torture in violation of Article 10 of the
Inter-American Convention to Prevent and Punish Torture; and to have
failed to duly investigate and punish the persons responsible for the acts
of torture that were established by the authorities, constituting
violations of articles 6 and 8 of the Inter-American Convention to Prevent
and Punish Torture.
B.
PROVISIONAL MEASURES
18.
On November 27, 2002, the Executive Secretariat forwarded to the
Inter-American Court three requests for provisional measures with respect
to Venezuela. The first refers to the situation of Liliana Ortega and
other members of the Comité de Familiares de Víctimas de los sucesos
de Febrero-Marzo de 1989 (COFAVIC).
On that same date, the Court ordered the Venezuelan State to adopt
“without delay, whatever measures are necessary to protect the life and
personal integrity” of the members of COFAVIC and to investigate “the
facts alleged that gave rise to these measures in order to discover the
persons responsible and punish them.”
19.
Another request for provisional measures presented on November 27,
2002, refers to Mr. Luis Enrique Uzcátegui Jiménez, who alleged that he
had been subjected to harassment and threats. The request for provisional
measures was preceded by precautionary measures from the Inter-American
Commission. In the resolution
that orders the provisional measures, the Court said that there was “an
extremely serious and urgent situation in respect of the life and physical
integrity of Mr. Luis Enrique Uzcátegui Jiménez” and
that in addition to the obligation to provide him protection, Venezuela
should “investigate the facts that gave rise to this request for
provisional measures to identify the persons responsible and impose the
pertinent sanctions on them.”
20.
In addition, a request for provisional measures was presented on
behalf of Luisiana Ríos, Armando Amaya, Antonio José Monroy, Laura
Castellanos, and Argenis Uribe, employees of the television station Radio
Caracas Televisión (RCTV). On November 27, 2002, the Court decided that
there was “an extremely serious and urgent situation in respect of the
life and physical integrity” of the persons mentioned, and accordingly
it ordered Venezuela to adopt provisional measures for their protection
and to investigate the threats that led to the request.
21.
During the session that concluded on Friday, the Inter-American
Commission decided to request provisional measures on behalf of the
Community Council of Jiguamiandó and families from Curbaradó,
municipality of Carmen del Darién, department of El Chocó, Colombia. The
request was forwarded to the Inter-American Court on March 5, 2003.
VI.
RATIFICATION OF HUMAN RIGHTS INSTRUMENTS
22.
On January 29, 2003, Guatemala deposited the instrument of
ratification of the Convention on the Elimination of All Forms of
Discrimination Against Persons with Disabilities.
23.
The Inter-American Commission once again calls on all the member
states of the OAS to continue ratifying the inter-American human rights
instruments, so as to attain universality of the system and to expand the
international protection of the fundamental rights to all inhabitants of
the Americas.
VII.
DRAFT DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
24.
Through its Executive Secretariat, the IACHR continued advising the
Working Group entrusted with preparing the Draft American Declaration on
the Rights of Indigenous Peoples in the special session held February 24
to 28 in Washington, D.C. The session was attended by representatives of
the member states of the OAS, more than 100 leaders and representatives of
the indigenous peoples of the Americas, and observers.
The Inter-American Commission values the efforts of the members
states in the process of preparing the Draft Declaration, and celebrates
the substantive progress on the text and the key participation of the
representatives of the indigenous peoples. The IACHR considers that
Convention 169 on Indigenous and Tribal Peoples in Independent Countries,
of the International Labor Organization, represents the minimum guarantees
and rights protected by an international human rights instruments, and is
hopeful that the final text of the American Declaration on the Rights of
Indigenous Peoples adopted by the General Assembly will go beyond that
minimum standard. *
* * * * * * * 25.
The next regular session of the IACHR will be held at its
headquarters October 7 to 24, 2003. Washington, D.C., March 10, 2003
ANNEX PRESS
RELEASE 04/03 117TH
REGULAR SESSION OF THE IACHR I.
REPORTS
A.
ADMISSIBILITY
-
Jorge Omar Gutiérrez - P 12.221, Report 1/03, Argentina -
José Eduardo Acurso – P 11.306, Report 2/03, Argentina -
Carlos Menem Jr. – P 12.257, Report 3/03, Argentina -
Dorado de Carajás – P 11.820, Report 4/03, Brazil -
Mario Alberto Jara Oñate et al, P - 12.195, Report 31/03,
Chile -
Gilda Rosario Pizarro et al., P - 12.281, Report 32/03,
Chile -
Jesús María Valle – P 519/01, Report 5/03, Colombia -
Alcides Torres Arias – P 597/00, Report 6/03, Colombia -
Santo Domingo – P 289/02, Report 25/03, Colombia -
Whitley Myrie – P 729/02, Report 7/03, Jamaica -
Michael Gayle – P 191/02, Report 8/03, Jamaica -
María Estela García Ramírez and Celerino Jiménez – P 12.116,
Report 9/03, Mexico -
Tomás de Jesús Barranco – P 12.185, Report 10/03, Mexico -
Xakmok Kasek Community (Enxet People) - P 326/01, Report 11/03,
Paraguay -
Sawosamaxa Community - P 322/01, Report 12/03, Paraguay -
Jorge Rosadio Villavicencio – P 12.031, Report 13/03, Peru -
Roger Herminio Salas – P 185/01, Report 14/03, Peru B.
INADMISSIBILITY
-
Janet Delgado and others - P 131/01, Report 15/03, Ecuador -
Edison Rodrigo Toledo Echeverría – P 346/01, Report 16/03,
Ecuador -
María Estela Acosta Hernandez et al. (Explosions of the Reforma
Sector in Guadalajara) – P
11.823, Report 17/03, México C. MERITS
The IACHR adopted a total of 21 reports on the merits.
These reports will be submitted to the respective member states
under Article 50 of the American Convention and Article 43 of the
IACHR’s Regulations. D.
COMPLIANCE WITH RECOMMENDATIONS
-
Carmelo Soria Espinoza - Case 11725, Report 19/03, Chile II.
PRECAUTIONARY MEASURES
-
Juan Cristóbal Peña, Chile -
Senator Piedad Córdoba, Colombia -
Carlos Rosero and members of the Equipo del Proceso de
Comunidades Negras (PCN), -
Over Dorado Cardona, Colombia -
Venevisión
Press Workers, Venezuela III. HEARINGS (in
the order in which they were held) 1.
Situation of economic, social and cultural rights in the inter-American
system 2.
Information on acts of torture in Chile 3.
General human rights situation in Chile 4.
General human rights situation in Nicaragua 5.
Precautionary measures for persons living with HIV in Nicaragua 6.
Human rights situation in Colombia 7.
Human rights situation in Colombia (second hearing) 8.
Human rights situation in Arauca, Colombia 9.
Human rights situation in Comuna 13, Medellín, Colombia 10.
Afro-Colombian
communities of Jugiamiandó, precautionary measures. Colombia 11.
P 289/02 - Santo Domingo, Colombia 12.
Case 12,250 – Mapiripán, Colombia 13.
Case 11,955 - Mariela Morales Caro et al. (La Rochela Massacre),
Colombia 14.
Case 11,748 - Pueblo Bello, Colombia 15.
Situation of the rights of indigenous peoples in the Americas 16.
Human rights situation in Sao Paulo, Brazil 17.
Human rights situation in Venezuela 18.
General situation on the independence of judges in El Salvador 19.
Situation of the rights of the child in Honduras 20.
Situation of the right to freedom of expression in Honduras 21.
Human rights situation in the Archipelago of San Andrés, Colombia 22.
Case 11,141 – Villatina, Colombia 23.
Precautionary measures - Embera Katío community, Colombia 24.
Case 11,482 - Omeara Carrascal et al., Colombia 25.
Follow-up on
recommendations in individual cases, Colombia 26.
United Nations Special
Rapporteur on Racism and Xenophobia, Mr. Doudou Diene 27.
P 4617/02 - Mercedes Julia Huenteao et al. (RALCO), Chile 28.
Minister of Human Rights of Brazil, Mr. Nilmario Miranda 29.
P 12,229 – Digna Ochoa y otros, Mexico 30.
Situation of violence against women in Ciudad Juárez, Mexico 31.
Situation of impunity in Mexico 32.
General human rights
situation in Venezuela 33.
Situation of
para-police groups in Venezuela 34.
Case 11,699 - Víctor
Arangurez Moreno et al. (Catia checkpoint), Venezuela 35.
Case 11,706 – Haximú
Massacre, Venezuela 36.
General human rights
situation in Cuba 37.
Situation of
journalists in Venezuela 38.
Information on acts of
torture in Brazil 39.
General human rights
situation in the state of Paraíba, Brazil 40.
Precautionary measures
- Senilda Maria de Araujo et al., Brazil 41.
Situation of the death
penalty in Jamaica 42.
General human rights
situation in Peru 43.
Situation of the
anti-terrorist legislation in Peru 44.
Follow-up to
recommendations (Cases in Press Release of February 22, 2001), Peru 45.
Case 12,165 – Monsi Lilia Velarde Retamozo, Peru 46.
General human rights
situation in Guatemala 47.
General situation of justice workers in Guatemala 48.
Precautionary measures on behalf of persons living with HIV,
Guatemala 49.
Case law with respect
to economic, social and cultural rights in the hemisphere 50.
General situation on the administration of justice in Argentina 51.
Information on acts of torture in Argentina 52.
Follow-up to Report 28/92, on the “full stop” and “due obedience”
laws, Argentina |
