PRESS RELEASE
N° 121/10
IACHR TAKES CASES
INVOLVING ARGENTINA, GUATEMALA, AND VENEZUELA
TO INTER-AMERICAN COURT
Washington, D.C., December 10, 2010— The Inter-American Commission on
Human Rights (IACHR) took three cases to the Inter-American Court of
Human Rights in November, having to do with Venezuela, Argentina, and
Guatemala.
On November 12, 2010, the IACHR filed an application with the Court in
the Case of Raúl José Díaz Peña, regarding Venezuela. The case involves
the illegal and arbitrary detention of Díaz Peña and his subjection to a
preventive detention scheme that exceeded the limits established in
criminal law, based on a presumption that he posed a flight risk. During
the time he was in preventive detention, Díaz Peña did not have access
to an effective judicial review of his situation, and he was subject to
proceedings that had a series of irregularities, which resulted in the
criminal process taking some five years and two months from the time of
his detention until his conviction. While he was in the State’s custody,
he was subjected to detention conditions that had a serious impact on
his health, and he did not receive the timely medical care that he
needed. The Commission asked the Inter-American Court to find that the
presumption of flight risk is incompatible with the application of
preventive detention, and to take into consideration the broader
problems of the lack of independence and impartiality of some judicial
authorities and of the Attorney General’s Office in Venezuela, in order
to analyze how such problems were reflected in this case.
On November 29, 2010, the IACHR filed an application with the Court in
the Case of Milagros Fornerón and Leonardo Aníbal Fornerón, regarding
Argentina. The case involves the order placing Milagros Fornerón in
pre-adoption custody without the consent of her father, who has no
access to the child, and the fact that the State has neither ordered nor
implemented a visitation schedule despite multiple requests made by
Leonardo Fornerón over a period of more than ten years. The IACHR
believed in particular that the passage of time was especially relevant
in determining the legal situation of Milagros and her father, given
that on December 23, 2005, the judicial authorities established the full
adoption of Milagros by the couple who had been her guardians, based on
the relationship that had already developed over the course of time.
Consequently, the unjustified delay in the proceedings turned into the
grounds for failing to recognize the father’s rights. As a result, the
Commission established that Leonardo Fornerón did not have access to
necessary judicial protection and guarantees. The Commission submitted
the case to the Inter-American Court’s jurisdiction based on the State’s
failure to comply with the Commission’s recommendations and the
resulting need to obtain justice and to effectively protect the rights
to family protection and the child’s best interests, as well as the need
for the State to modify its laws with regard to the sale of children and
provide full reparations for the human rights violations in this case.
On November 30, 2010, the IACHR filed an application with the Court in
the Case of the Río Negro Massacre, involving Guatemala. The case has to
do with the destruction of the Mayan community of Río Negro, as well as
the persecution and elimination of its members, through a series of
massacres committed by the Guatemalan Army and members of the Civilian
Self-Defense Patrols in 1980 and 1982. The massacres carried out against
the Río Negro community were planned by agents of the State of Guatemala
for the purpose of exterminating the community, and constituted
genocide. The massacres were committed as part of a “scorched earth”
policy led by the Guatemalan State against the Maya people, who were
characterized as an “internal enemy,” in a context of discrimination and
racism, in violation of the basic human rights of the human person. More
than 500 individuals were executed in the massacres, others were
disappeared, a number of women were raped, a number of children were
subjected to slavery by members of the Civilian Self-Defense Patrols,
and the survivors were victims of displacement. The State has not
effectively investigated the facts of the massacres committed against
the Río Negro community, nor has it examined the multiple violations
that took place during and after the massacres. Guatemala has not
completely identified the remains of those who were executed, nor has it
found the whereabouts of the missing, and the courts of justice have
acted without diligence in terms of advancing the criminal proceedings
designed to clarify all the events related to the massacres and to
punish all those responsible, both perpetrators and masterminds.
The cases were sent to the Inter-American Court because the Commission
believed that the States had not complied with the recommendations
contained in the respective reports on the merits.
A principal, autonomous body of the Organization of American States
(OAS), the IACHR derives its mandate from the OAS Charter and the
American Convention on Human Rights. The Inter-American Commission has a
mandate to promote respect for human rights in the region and acts as a
consultative body to the OAS in this matter. The Commission is composed
of seven independent members who are elected in a personal capacity by
the OAS General Assembly and who do not represent their countries of
origin or residence.
Useful links
Admissibility Report, Case
Raúl José Díaz Peña,
Venezuela
Admissibility Report, Case Milagros Fornerón and Leonardo Aníbal
Javier Fornerón, Argentina
Admissibility Report, Case Río Negro Massacre, Guatemala
IACHR Press Office
Website of the IACHR
Read this press release in Spanish / Lea este comunicado de prensa en español
Press contact: María Isabel
Rivero
Tel. (202) 458-3867
E-mail: [email protected]
To subscribe to the IACHR press release mailing list,
please type your e-mail address in
this form. |