i.                Guatemala

54.             On January 30, 2002 the IACHR asked the Guatemalan State, pursuant to Article 25 of the Rules of Procedure, to adopt precautionary measures to preserve the life of Mr. Ronald Ernesto Raxacacó Reyes until the Commission had decided on the merits of the case. Mr. Raxacacó Reyes was sentenced to death in a May 14, 1999 ruling of the Sixth Criminal Court on Drug-related Activities and Crimes against the Environment, for kidnapping a child.  According to the information provided, Mr. Raxacacó is in prison waiting for a date to be set for carrying out the judgment. In a note dated May 20, 2002, the Guatemalan State indicated to the Commission that “in this case, there is no imminent harm and no human right is being violated; this is a valid sentence in accordance with Guatemalan law, and the respective steps were followed to reach that ruling.”  In the same letter, the State asked the IACHR to refrain from ordering precautionary measures on behalf of the condemned man.  The Commission would like to underscore that the precautionary measures granted on behalf of Mr. Raxacacó are still in effect.

55.             On February 13, 2002 the Commission wrote to the Guatemalan State, pursuant to Article 25 of the Rules of Procedure, to ask it to adopt precautionary measures to protect the life and person of Miriam Jeannette Peralta, Ulda Rebeca Arita Peralta, Clara Luz León Castañeda, José León Arreaza López, Amelia de Arriaza, Gudelfa Cerna Castañeda, Edwin Pasos Cerna, Amilcar Cerna Castañeda, Alberto Cerna Leiva, Clara Castañeda Casasola, Luis Méndez, Carlos Humberto Padilla, Porfirio Sánchez Grijalva, Elio Hernández Sánchez, and other residents of Chocón village in the municipality of Livingston, department of Izabal, Guatemala.  The Commission based its request on information indicating that on January 29, 2002 the Chocón Community was occupied by a contingent of agents from the Department of Anti-Drug Operations of the Northern Port Division (DOAN), who burst into the settlement in tour buses, without plates; when they got out, they began to shoot at houses and the neighbors, without any justifiable motive.  The State informed the Commission of the steps taken to comply with the precautionary measures. In a letter dated April 22, 2002, the State reported on the installation of a National Civil Police Substation that will operate continually in the settlement as long as the precautionary measures remain in effect.  It also reported on the results of the investigation conducted by the Attorney General’s Office and the Chiquimula High Criminal Court of the First Instance, which ordered the detention pending trial and indictment of 16 DOAN officials for the offenses of judicial execution and trespassing.  After this reply from the State, the parties continued to submit information and observations in connection with these precautionary measures. The Commission views positively the measures taken by the Guatemalan State on behalf of residents of the Chocón village.

56.             On March 8, 2002 the Commission requested the Guatemalan State precautionary measures to protect the life and person of Fernando Moscoso, Freddy Peccerelli, Federico Reyes, Mariana Valdizon, Leonel Paiz, Francisco de León, José Samuel Suasnavar, Guillermo Meza, Claudia Rivera, Raúl García, and Miguel Morales, their relatives, and their colleagues.  The Commission’s decision was based on a petition for precautionary measures presented by the Human Rights Legal Action Center (CALDH) on March 7, 2002.  The Commission based its decision to issue precautionary measures on information indicating that on February 21, 2002 eight copies of a note were delivered to the home of Mr. Francisco de León issuing a death threat against the aforementioned persons, who had worked in recent years as forensic anthropological experts in the disinterment of clandestine cemeteries containing the human remains of victims of Guatemala’s domestic armed conflict.  The text of the threat included the following sentence, “one by one they will fall, from the first one who started this mess to the last; we know where you all are; we know who you are...”; that letter included the names of four of the most senior forensic experts in Guatemala, but omitted persons of similar seniority who are currently overseas.  The Commission received information indicating that the Guatemalan State offered police security to the anthropologists protected by the measures and that it did in fact provide security to the beneficiaries who expressly accepted it.  The Commission has not received recent information on the fulfillment of these precautionary measures.

57.             On July 29, 2002 the Commission contacted the Guatemalan State to request precautionary measures to protect the rights to life and personal safety of members of the Rigoberta Menchú Foundation, based on threats and acts of intimidation against them.  Among the incidents considered by the Commission in issuing the measures was the murder of Guillermo Ovalle, a Foundation member, on June 26, 2002 in a restaurant near that organization.  On August 12, 2002 the State presented information on fulfillment of the precautionary measures and indicated that a decision was reached at a meeting with the petitioners to have continuous police surveillance of Foundation facilities. Following that reply from the State, the parties continued to present information and observations in connection with these precautionary measures. The Commission continues to monitor compliance with the precautionary measures.

58.             On August 16, 2002 the Commission asked the Guatemalan state to adopt precautionary measures on behalf of 11 carriers of HIV/AIDS.  The beneficiaries are identified in the file, however their identities are being kept confidential in this report.  The petitioners alleged that these persons were in imminent danger because they did not have access to anti-retroviral drugs to treat this serious disease.  The Commission asked the Government of Guatemala to provide the treatment and anti-retroviral drugs required for their survival, as well as medical examinations to regularly evaluate their health status. On November 14, 2002 the petitioners informed the Commission that one of the beneficiaries had died and asked it to urge the Inter-American Court of Human Rights to grant provisional measures on behalf of the beneficiaries.  In a note dated November 23, 2002 the government reported that the request for measures was brought to the attention of the Minister of Public Health and Social Welfare in order to protect the life of the beneficiaries; that the Executive Director of the Foundation to Fight AIDS reported that on October 30, 2002 pharmaceutical companies were selected from whom the anti-retroviral drugs Efavirenz, Zidovudine, and Lamivudine would be purchased with government funds to treat 80 adults and 80 children; and that on November 19, 2002 the government asked the directors of Hospital San Juan de Dios and Hospital Roosevelt to provide special care in administering the treatment and the medical evaluation of the beneficiaries.  The State also indicated that their outpatient clinics were providing comprehensive treatment for persons living with HIV/AIDS where the beneficiaries could receive evaluations and treatment to enhance their quality of life.  The government reported that it was making efforts to implement a health policy on these cases, which it would report on in a timely manner to the IACHR.  Despite the State’s comments, the petitioners have informed the Commission that they have not yet received anti-retroviral drugs.  The Commission has continued receiving information from the petitioners on this matter.

59.             On October 11, 2002 the Commission asked the Government of Guatemala to adopt precautionary measures to protect the life and person of Hugo Martínez and Beatriz Estrada de Martínez, at their home and workplace.  According to the request, these persons had been the victims of a series of acts of intimidation and harassment.  On August 20, 2002 the beneficiaries were the victims of a supposed traffic accident, and they had received several telephone calls in the middle of the night in which unidentified persons demanded that they remove themselves from the investigations into the death of Hugo Martínez’s father, Justice of the Peace Martínez Pérez, who was lynched and murdered on March 12, 2001 in the municipality of Alta Verapaz.  In November 2001, Mrs. Estrada’s father was informed that the order to cause Mrs. Estrada’s daughter and husband to disappear was going to be executed.  The victims continued to receive death threats over the telephone.  Through a note dated November 6, 2002 the government reported that the National Civil Police would be responsible for protecting the beneficiaries.  According to the information provided by the petitioners, three police officers were appointed to protect the beneficiaries, but did not have the logistical elements necessary to thoroughly fulfill that mission.

60.             On October 11, 2002 the Commission asked the State of Guatemala to adopt precautionary measures to protect the life and person of Egon Hidalgo Salvador y Salvador, a member of Pastoral de Movilidad Humana of the Diocese of San Marcos, municipality of San Marcos, who had received repeated death threats.  According to information obtained by the Special Rapporteur for Migrant Workers and their Families, on September 27 and October 1, 2002 Mr. Salvador y Salvador received anonymous telephone calls from a person who, in clear opposition to the beneficiary’s work on behalf of the rights of migrant workers, told him to stop those activities or suffer serious consequences, including death.  One piece of background information borne in mind by the Commission was that Mr. Salvador y Salvador was beaten by three individuals at night when returning home in the municipality of Comitancillo.  In a note dated November 19, 2002 the State informed the IACHR that an agreement had been reached with the beneficiary to adopt perimeter surveillance at his workplace and residence by the National Civil Police as a protective measure.  Later, on January 17, 2003 the State indicated that police authorities in the department of San Marcos continue to protect the beneficiary and that no new acts of intimidation or threats had been reported.  The Commission notes that the Guatemalan State has fulfilled the precautionary measures requested.

j.        Haiti

61.             On March 14, 2002 the Commission adopted precautionary measures on behalf of Mr. Patrick Merisier and Mr. Benthony Philippe, members of the National Coalition for the Rights of Haitians.  These measures were adopted for a six-month period and expired on September 15, 2002.  According to information received by the Commission, Mr. Patrick Merisier suffered bullet wounds on February 22, 2002 and was pursued until he took refuge in a hospital.  Mr. Benthony Philippe was allegedly subjected to persecution and intimidation by certain government agents.  According to the same source, these acts of aggression and intimidation were perpetrated because Mr. Patrick Merisier and Mr. Benthony Philippe, acting in their capacity as members of the National Coalition for the Rights of Haitians, had denounced the deterioration in the overall human rights situation in Haiti; drawn the public’s attention to the impunity enjoyed by those responsible for the events at La Saline on November 1 and 2, 2001 and to the problem of corruption; and criticized the “zero tolerance” policy and the delay in investigating the murder of Mr. Jean Dominique.  On March 14, 2002 the Commission granted precautionary measures on behalf of Mr. Patrick Merisier and Mr. Benthony Philippe and asked the State to take the necessary steps to protect the lives and physical integrity of Mr. Patrick Merisier and Mr. Benthony Philippe and to adopt all measures required to guarantee the exercise of their right to seek, receive, and impart information in accordance with Article 13 of the American Convention and with the second principle of the Declaration of Principles on Freedom of Expression.  On September 5, 2002 the Commission asked the parties to comment within 2 weeks on the precautionary measures adopted in March 2002.  After a hearing at the Commission’s headquarters on October 15, 2002 the Commission was informed by the National Coalition for the Rights of Haitians that Mr. Patrick Merisier had left Haiti and that, therefore, precautionary measures were no longer necessary in his case.  In a note dated September 18, 2002 and received by the Commission on December 23, 2002 the Haitian State acknowledged receipt of the Commission’s communication dated September 5, 2002.

62.             On October 15, 2002 the Commission adopted precautionary measures on behalf of Mr. Lysias Fleury. These measures were reiterated by the IACHR on November 12, 2002. According to information received by the IACHR, Mr. Lysias Fleury, of the Justice and Peace Episcopal Commission in Haiti, was detained by police on June 24, 2002 at approximately 7:00 p.m., and hit several times with the butt of a pistol at the time he was arrested.  He was held 17 hours for questioning at the Bon Repos police station. That night he was subjected to various forms of degrading treatment.  For instance, he was forced to collect excrement with his hands. The next day, some policemen beat him up, inflicting 15 double (“kalots marasa”) slaps on the face, 64 blows to the belly with a baton, and several kicks to the ankles.  Mr. Lysias Fleury presented the Commission with a medical certificate attesting to his wounds, along with various photographs of them.  The petitioner informed the Commission that a complaint was lodged with the Prosecutor’s Office in Port-au-Prince on August 1, 2002 as well as with the Inspector of the National Police on June 27, 2002. The Commission adopted the following precautionary measures: (1) Immediate adoption of all measures needed to protect the life and physical integrity of File Lysias Fleury. These measures must be adopted with the consent of the petitioner as soon as possible. (2) The adoption of all measures required to ensure that an investigation is carried out into the facts denounced by File Lysias Fleury.  According to information at the Commission’s disposal, the petitioner made several attempts to meet government officials to agree on appropriate measures to guarantee his personal security but was not received by them. Moreover, he was allegedly intimidated by certain government agents who had taken part in the events of June 24, 2002.

63.            

On December 6, 2002 the Commission adopted precautionary measures on behalf of journalists working for Radio Étincelles in Gonaïves: Esdras Mondélus, Renet Noel-Jeune, Guérino Jeaniton, and Gédéon Presendieu, and also on behalf of correspondents Henry Fleurimond, Jean Robert François, and Josué René.  According to information received by the IACHR, these beneficiaries had been told on November 21 that members of the Armée Cannibale organization were preparing to set fire to the Radio Étincelles premises in Gonaïves.  The seven journalists reportedly evacuated Radio Étincelles and took refuge in the Bishop’s residence from November 21 to November 28, 2002. The Radio Étincelles offices in Gonaïves were, at least partly, burnt down in the night of November 24-25, 2002.  Moreover, according to the information received, two of the seven journalists allegedly received threatening phone calls between November 21 and November 28, 2002.  On the night of November 29-30, the seven journalists were evacuated from the Bishop’s residence with the help of the Haitian Journalists’ Association and the Haitian National Police’s High Command.  They are allegedly now hidden at a location that has not been revealed.  The Commission adopted the following precautionary measures in respect of d’Esdras Mondélus, Renet Noel-Jeune, Guérino Jeaniton, Gédéon Presendieu, Henry Fleurimond, Jean Robert François and Josué René: (1) Immediate adoption, in coordination with the representatives of the seven journalists, of all measures needed to protect the life and physical integrity of Henry Fleurimond, Jean Robert François, Josué René, Esdras Mondélus, Renet Noel-Jeune, Guérino Jeaniton, and Gédéon Presendieu. (2) Immediate adoption of all measures required to ensure that an investigation is carried out regarding those responsible for the aforementioned acts.  As of the time this report was published, the IACHR had received no information regarding measures taken by the State.

k.       Honduras

64.             On August 16, 2002 the Commission granted precautionary measures on behalf of four carriers of the HIV/AIDS virus.  The beneficiaries are identified in the file, however, at their request, their identities are being kept confidential in this report.  The petitioners alleged that the beneficiaries went to health centers or hospitals, but were not given the drug treatment needed to fight the disease.  As a result, their immune systems were in a critical state, and they did not have access to clinical tests to monitor the progression of the disease.  On September 2, 2002 the Commission broadened the precautionary measures to include four more persons; it received another such request on September 21.  In December 2002, the petitioners indicated that the State had not yet provided the necessary treatment and that four of the beneficiaries had died.

l.        Jamaica

65.             On September 12, 2002 the Commission authorized precautionary measures in favor of Kevin Clark and other residents of Area 4 in the city of Kingston, Jamaica at risk of irreparable harm.  According to the petition requesting the measures, during the preceding three years a member of the Jamaican Constabulary force then with the Hunts Bay Police Station, Detective Inspector Donovan O'Connor, was allegedly involved in six fatal shootings along with other cases of alleged abuse including three cases of harassment, two beating and one non-fatal stabbing.  The petition also indicated that none of these incidents had been properly investigated by the State and that Detective Inspector O'Connor had been retained as a front line officer despite having been implicated in these events, contrary to the JCF internal protocols and the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions.  In addition, the request indicated that Detective Inspector O'Connor had harassed Kevin Clark, a resident of Area 4, by threatening his life in October 2001 and detaining him for over five days without charge in June 2002.  Subsequently, based on additional information provided by the parties in notes dated January 31, 2003, the Commission informed the parties that it had decided to revise its September 12, 2002 precautionary measures by requesting that the State of Jamaica take the urgent measures necessary to protect the lives and physical integrity of Kevin Clark, Gregory Brown, and other residents of Area 4 in West Kingston who were at risk of irreparable harm, conduct thorough, prompt and impartial investigations into the threats alleged to have been made by Detective Inspector Donovon O'Connor against Kevin Clark, and conduct similar investigations into the alleged threats against Gregory Brown.  At the same time, the Commission lifted its request that the State of Jamaica conduct thorough, prompt and impartial investigations into measures in respect of the fatal shootings denounced by the Petitioners, without prejudice to the Petitioners' competence to lodge a petition pursuant to Article 44 of the American Convention containing denunciations or complaints of violations of the Convention by a State Party.

66.             On October 2, 2002 the Commission authorized precautionary measures in favor of Anthony McLeod.  According to the petition requesting the measures, Mr. McLeod was an inmate at St. Catherine Adult Correctional Center in Jamaica serving a life sentence and who suffered from a serious bleeding condition from a sensitive area of his body that caused him considerable pain and prevented him from sitting down or walk properly. The request also indicated that Mr. McLeod had complained several times to the prison authorities and that the prison doctor made several appointments for him to attend a hospital for an operation, but that state authorities failed to take him for these appointments or to otherwise provide him with assistance. According to the petition, Mr. McLeod's physical and mental state was deteriorating and he could not afford to pay for medical services to be performed at the prison.  The Commission did not receive information indicating that the State had complied with the request for precautionary measures.

m.      Mexico

67.             On April 25, 2002 the IACHR granted precautionary measures on behalf of Esther Chávez Cano, who reported that she was threatened because of her investigation into the murder of women in Ciudad Juárez. [1] The petitioners and the authorities held several working meetings to discuss protective measures.  Both parties regularly submitted information on the steps taken by the Attorney General’s Office to investigate the complaints and to implement Federal Judicial Police patrols at the offices of the organization Casa Amiga and at the home of Mrs. Chávez.

68.             On August 28, 2002 the IACHR granted precautionary measures to guarantee the life and person of Enedina Cervantes Salgado and Francisco Cortes Pastenes.  This was done in relation to the alleged forced disappearance of Mr. Faustino Jiménez Álvarez, the husband of Mrs. Enedina Cervantes Jiménez, which was witnessed by Francisco Cortes Pastenes, a judicial police officer.  The State and the petitioners have regularly presented information to IACHR on the protective measures implemented during the term of the precautionary measures and the progress of the examination into Mrs. Cervantes’ complaint.

69.             On September 10, 2002 the IACHR granted precautionary measures to protect the life and person of Miriam García, Blanca Guadalupe López, and attorney Dante Almaraz. The beneficiaries have received death threats as a result of their work to defend the husbands of Miriam García and Blanca Guadalupe López, who are being detained in Chihuahua and are accused of killing eleven women in Ciudad Juárez. [2] The petitioners reported that the attorney was killed by the judicial police in that city.  Dr. Escobedo also reported that his representatives had been tortured.  Dr. Dante Almaráz, in turn, claims that he is defending the detainees based on the fact that they were tortured to give false confessions.  The parties regularly presented information to the Commission on implementation of the precautionary measures.

70.             On October 10, 2002, the Commission granted precautionary measures on behalf of Jesús Ángel Gutiérrez Olvera, Leonor Guadalupe Olvera López, Sandra Gutiérrez Olvera, and Ernesto García Garrido.  The petitioners alleged that after they denounced agents of the attorney general’s office for their alleged responsibility for the March 14, 2002 disappearance of her son, Jesús Ángel Gutiérrez Olvera, Mrs. Olvera has been under surveillance and was the victim of acts of intimidation.  They indicate that the attorneys pursuing the investigation have been threatened and that those threats were reported to the pertinent bodies, which led the Human Rights Commission of the Federal District to involve the judicial police in protecting the beneficiaries.  The State and the petitioners presented information and observations to the IACHR on the implementation of these precautionary measures.

n.       Nicaragua

71.             On July 29, 2002 the Commission granted precautionary measures on behalf of eight carriers of the HIV/AIDS virus.  The beneficiaries are identified in the Commission's file, however, at their request, their identities are being kept confidential in this report.  The petitioners alleged that the beneficiaries went to State health centers or hospitals, but were not given the treatment and drugs needed to fight the disease.  As a result, the immune systems of these eight persons were said to be in a critical state, with low CD4 counts, and they did not have access to clinical tests to monitor how the disease was progressing.  On September 18, 2002 the Commission reiterated to the State its request for precautionary measures and broadened it to include eight more persons.  The State informed the Commission that it met with the beneficiaries on three occasions, to discuss the request for precautionary measures.  However, it said that it did not have the drugs needed for treatment and that it was trying to reach an agreement with the Inter-American Development Bank, the Pan American Health Organization, and the World Fund [sic] to buy anti-retroviral drugs.  According to the Petitioners, two of the eight beneficiaries have since died.

o.       Paraguay

72.             On July 29, 2002 the Commission asked the Paraguayan State to take the necessary steps to protect the person of Mrs. María Noguera and her family from the threats they have received.  Mrs. Noguera is a human rights defender, and her main activity is to visit military barracks to see if there are child soldiers, in connection with an inter-institutional commission created for that purpose.  She told the Commission that, as a result of her activities, both she and her family had been the victims of threats and intimidation.  The State replied on August 29, 2002 and the Commission continues to receive information from both parties on implementation of the measures.

p.       Peru

73.             On April 4, 2002 the IACHR granted precautionary measures on behalf of Mr. Wilson García Asto, who is detained in the Castro Castro Prison in Lima and was diagnosed on July 31, 1998 with a prostate condition.  On November 14, 2000 while in the Yanamayo prison in Puno he began to receive oral treatment.  On September 21, 2001 he was transferred to the Challapalca Penitentiary, where his health status worsened, but he was not given access to any medical care. Based on the elements compiled after consulting with the State, the Commission requested: (1) that Mr. Wilson García Asto be given a medical exam, including a diagnosis, prognosis, and the recommended treatment for his illness; and (2) that the treatment prescribed as a result of that exam be provided. On April 12, 2002 the State reported that Mr. García Asto had received the requested medical examination.  The petitioner insisted, however, that her son had not yet obtained access to any medical care or treatment in Challapalca.  On August 21, 2002 on the occasion of a working visit to Peru, an IACHR delegation headed by First Vice President of the Commission and Rapporteur for Peru, Dr. Marta Altolaguirre, verified that Mr. Wilson García Asto had been transferred to the medical annex in the Jualiaca Prison, where he finally received medical care.  On December 24, 2002 the petitioner reported that her son had been transferred to the Castro Castro Prison in Lima, which facilitated medical care and family visits.

74.             On September 23, 2002 the IACHR granted precautionary measures on behalf of 15 carriers of the HIV/AIDS virus with CD4 blood counts below 300 per mm3, whose immune systems were compromised to the point of endangering their lives.  The beneficiaries are identified in the Commission's file, however, at their request, their identities are being kept confidential in this report.  The beneficiaries claimed that they went to State public health systems, but did not receive the necessary tests to determine how the disease was progressing or the anti-retroviral treatment necessary for their survival.  The Commission asked the State to take the necessary steps, through the competent authorities, to determine the progression of the disease and to provide the necessary treatment in accordance with international standards set by the Pan American Health Organization.  In its reply, the State indicated that notwithstanding the scope of the problem, it did not have a policy aimed at providing universal access to anti-retroviral treatment for carriers of HIV/AIDS.  It indicated, inter alia, that as of September 2002 a special program had been implemented for children infected with the virus, with an estimated target of 150 patients in treatment, as well as training programs for health sector officials responsible for treating adult patients.

q.       Suriname

75.             On August 8, 2002 the Commission issued precautionary measures to protect the twelve Saramaka clans which inhabit 58 villages located on the Upper Suriname River.  The Petitioners claimed that the State of Suriname had granted numerous logging, road-building and mining concessions in the Saramaka territory, without consulting the clans and that this constituted an immediate, substantial and irreparable threat to the physical and cultural integrity of the Saramaka people.  The Petitioners claimed that an estimated 30,000 Brazilian gold miners operated in the Saramaka territory and that as a consequence 20 to 30 tons of mercury had been released into the environment, contaminating the water sources and the fish.  The Commission requested that the State take the appropriate measures to suspend all concessions, including permits and licenses for logging and mine exploration and other natural resource development activity on lands used and occupied by these clans, until the substantive claims raised in by the petitioner were examined in Case 12.338, still pending before the IACHR.  The Commission also requested that the State take all appropriate measures to protect the physical integrity of the clan members.

r.       United States

76.             On February 5, 2002 the Commission authorized precautionary measures in favor of Thomas Joe Miller-El.  According to the petition requesting the measures, Mr. Miller-El was convicted of capital murder and sentenced to death in the State of Texas on October 4, 1993.  The petition alleged that the United States is responsible for violations of Articles I, II, XVIII, and XXVI of the American Declaration of the Rights and Duties of Man because Mr. Miller-El's trial and sentencing proceeding were tainted with racial discrimination. The petition also indicated that Mr. Miller-El was scheduled to be executed in the state of Texas on February 1, 2002.  In its communication to the United States, the Commission indicated that if Mr. Miller-El was executed before the Commission had an opportunity to examine his case, any eventual decision would be rendered moot in respect of the efficacy of potential remedies, and he would suffer irreparable damage.  On February 16, 2002 the Commission received information that the U.S. Supreme Court had agreed to hear his petition for a writ of certiorari and granted a stay of his execution.

77.             On February 27, 2002 the Commission authorized precautionary measures in favor of Napoleon Beazley.  According to the petition requesting the measures, Mr. Beazley was under 18 years of age at the time he committed the offense for which he has been sentenced to death and that executing him in these circumstances would violate a peremptory norm of international law.  In its February 27, 2002 communication to the United States, the Commission indicated that if Mr. Beazley was executed before the Commission had an opportunity to examine the allegations in his petition, any eventual decision would be rendered moot in respect of the availability of potential remedies and irreparable damage would be caused to Mr. Beazley.  Accordingly, the Commission requested that the United States take precautionary measures to preserve Mr. Beazley's life pending the Commission's investigation of the allegations in the petition.  In a note dated March 13, 2002 the State's representative informed the Commission that they were coordinating with the State of Texas and the Office of the Legal Advisor in the Department of State to provide a response as soon as possible. Subsequently the Commission received information that Mr. Beazley's execution was scheduled to take place in Texas on Tuesday, May 28, 2002. Consequently, in a communication dated May 25, 2002, the Commission reiterated its February 27, 2002 request for precautionary measures.  The Commission subsequently received information that Mr. Beazley's execution proceeded as scheduled on May 28, 2002.

78.             On February 27, 2002 the Commission authorized precautionary measures in favor of Tracy Lee Housel.  According to the petition requesting the measures, Mr. Housel was a dual national of the United States and the United Kingdom. He was tried by a judge and jury in the state of Georgia, pleaded guilty to malice murder and motor vehicle theft, and was sentenced to death by his jury on February 7, 1986.  The petition also alleged that Mr. Housel had been the subject of regular repeated physical and mental abuse prior to his trial, and that he was denied his right to due process and to a fair trial because evidence of unadjudicated offenses was introduced during the sentencing phase of his trial and because of the inadequacy of Mr. Housel's legal representation.  In its February 27, 2002 communication to the United States, the Commission indicated that if Mr. Housel was executed before the Commission had an opportunity to examine the allegations in his petition, any eventual decision would be rendered moot in respect of the availability of potential remedies and irreparable damage would be caused to Mr. Housel.  The Commission subsequently received information that Mr. Housel's execution proceeded as scheduled on March 12, 2002.

79.             On March 7, 2002 the Commission authorized precautionary measures in favor of Abu-Ali Abdur' Rahman, formerly James Jones.  According to the petition requesting the measures, Mr. Abdur' Rahman was a 51-year-old man suffering from Borderline Personality Disorder and Post­traumatic Stress Disorder and was sentenced to death in July 1987 for the murder of a drug dealer.  The petition also alleged that Mr. Abdur' Rahman was deprived of a fair trial, and that since he was mentally ill his execution would constitute cruel, infamous and unusual punishment.  In addition, the petition indicated that Mr. Abdur' Rahman was scheduled to be executed in the state of Tennessee on April 10, 2002.  In its March 7, 2002 communication to the United States, the Commission indicated that if Mr. Abdur' Rahman was executed before the Commission had an opportunity to examine the allegations in his petition, any eventual decision would be rendered moot in respect of the availability of potential remedies and irreparable damage would be caused to Mr. Abdur' Rahman.  Accordingly, the Commission requested that the State take precautionary measures to stay Mr. Abdur' Rahman's execution pending the Commission's investigation of the allegations in his petition, and requested an urgent response to its communication. In a communication dated March 13, 2002 the State informed the Commission that the U.S. Mission to the OAS was coordinating with the State of Tennessee and the Office of the Legal Advisor in the Department of State to provide response to the petition as soon as possible.  The Petitioners subsequently informed the Commission that on March 28, 2002 the Tennessee Board of Pardons and Paroles voted 6-0 against recommending that the Tennessee Governor grant Mr. Abdur' Rahman clemency, and that Mr. Abdur' Rahman remained subject to execution on April 10, 2002.  Consequently, in a note to the State dated April 5, 2002 the Commission reiterated its March 7, 2002 request for precautionary measures. Mr. Abdur' Rahman's execution was subsequently stayed by the US Supreme Court.

80.             On March 12, 2002 the Commission authorized precautionary measures in favor of detainees being held by the United States at Guantanamo Bay, Cuba.  According to the petition requesting the measures, approximately 254 detainees were being held by the United States at its Naval Station in Guantanamo Bay, Cuba, in a facility known as "Camp X­-Ray." The request indicated that these detainees were transported by the United States to Guantanamo Bay beginning on or about January 11, 2002 following their capture in Afghanistan in connection with a military operation led by the United States against the former Taliban regime in that country and an organization known as Al Qaeda.  The request also claimed that the detainees at Guantanamo Bay were at risk of irreparable harm because the United States refused to treat the detainees as prisoners of war until a competent tribunal determined otherwise in accordance with the Third Geneva Convention of 1949 Relative to the Treatment of Prisoners of War, because the detainees had been held arbitrarily, incommunicado and for a prolonged period of time and had been interrogated without access to legal counsel, and because certain detainees were at risk of trial and possible death sentences before military commissions that failed to comply with established principles of international law.  After deliberating upon the request during its 114^th regular period of sessions, the Commission decided to request that the United States take the urgent measures necessary to have the legal status of the detainees at Guantanamo Bay determined by a competent tribunal.  As explained in its March 12, 2002 communication to the State, the Commission's decision was based upon, inter alia, its finding that doubts existed as to the legal status of the detainees, including the question of whether and to what extent the Third Geneva Convention or other provisions of international humanitarian law applied to some or all of the detainees and what implications this may have for their international human rights protections, and that absent clarification of the legal status of the detainees, the Commission considered that the rights and protections to which they may be entitled under international or domestic law could not be said to be the subject of effective legal protection by the State.  Consequently, without prejudging the possible application of international humanitarian law to the detainees at Guantanamo Bay, the Commission considered that precautionary measures were both appropriate and necessary in the circumstances, in order to ensure that the legal status of each of the detainees was clarified and that they would be afforded the legal protections commensurate with that status.  The Commission also asked for information from the State within 30 days on compliance with the Commission's measures and thereafter on a periodic basis.  In communications dated April 11, 2002 and July 15, 2002 the State provided the Commission with information and arguments in which it disputed the Commission's jurisdiction to adopt the precautionary measures, and the Petitioners responded to the State's April 11, 2002 observations in a communication dated May 13, 2002.  Upon considering these additional communications, in notes to the parties dated July 23, 2002, the Commission informed the State and the Petitioners that it had decided to maintain the precautionary measures requested in its March 12, 2002 communication to the United States and to reiterate its request for information concerning the measures taken to implement the Commission's request.  The Commission also expressed concern with respect to additional information provided by the Petitioners indicating that the manner in which certain detainees at Guantanamo Bay were captured raised reasonable doubts concerning whether they belong to the enemy's armed forces or related groups. These detainees were alleged to include six Algerian citizens arrested by U.S. authorities in Bosnia and ten Kuwaiti nationals arrested in Pakistan.  The Commission indicated that without more, this information raised further serious concerns regarding the legal status of each of the detainees at Guantanamo Bay and the international rights and protections to which they may have been entitled. Further, on October 16, 2002 during its 116th regular period of sessions, the Commission convened a hearing on the precautionary measures at the request of the Petitioners. Representatives of the Petitioners and the State appeared before the Commission, provided written and oral arguments concerning the measures, and answered questions posed by Commission members. The Commission did not subsequently receive any information indicating that its request for precautionary measures had been complied with by the State.

81.             On April 19, 2002 the Commission authorized precautionary measures in favor of Christopher Simmons.  According to the petition requesting the measures, Mr. Simmons was convicted of capital murder and sentenced to death in the state of Missouri on June 16, 1994.  The petition alleged that the United States was responsible for violations of Articles I and II of the American Declaration because Mr. Simmons was 17 years of age at the time of commission of his offense.  The petition also stated that Mr. Simmons' execution was scheduled to take place on May 1, 2002.  In its April 19, 2002 communication to the State, the Commission indicated that if Mr. Simmons was executed before the Commission had an opportunity to examine the allegations in his petition, any eventual decision would be rendered moot in respect of the availability of potential remedies and irreparable damage would be caused to Mr. Simmons.  The Petitioners subsequently informed the Commission that the Missouri Supreme Court had postponed Mr. Simmons' execution.

82.             On June 7, 2002 the Commission authorized precautionary measures in favor of Walter Mickens. According to the petition requesting the measures, Mr. Mickens was sentenced to death in 1993 for the capital murder of Timothy Hall.  The petition alleged that the defense counsel assigned to Mr. Mickens' case had a conflict of interest and, as a consequence, that Mr. Mickens was deprived of his right to due process and to a fair trial, contrary to Articles I, XVIII and XXVI of the American Declaration.  The petition also stated that Mr. Micken's execution was scheduled to take place on June 12, 2002.  In its June 7, 2002 communication to the United States, the Commission indicated that if Mr. Mickens was executed before the Commission had an opportunity to examine the allegations in his petition, any eventual decision would be rendered moot in respect of the availability of potential remedies and irreparable damage would be caused to Mr. Mickens.  Accordingly, the Commission requested that the State take precautionary measures to stay Mr. Mickens' execution pending the Commission's investigation of the allegations in his petition, and requested an urgent response to its communication.  In a note dated June 12, 2002, the State informed the Commission that it had forwarded the Commission's request for precautionary measures to the Governor and Attorney General of the Commonwealth of Virginia.  The Commission subsequently received information that Mr. Mickens' execution proceeded as scheduled on June 12, 2002.

83.             On June 10, 2002 the Commission authorized precautionary measures in favor of Toronto Markkey Patterson.  According to the petition requesting the measures, Mr. Patterson was convicted and sentenced to death in November 1995 for the June 1995 murder of three people.  The petition also alleged that the United States was responsible for violations of the American Declaration because Mr. Patterson was 17 years of age at the time of the crime for which he was sentenced to death, and that Mr. Patterson's execution was scheduled to take place on August 28, 2002.  In its June 10, 2002 communication to the United States, the Commission indicated that if Mr. Patterson was executed before the Commission had an opportunity to examine the allegations in his petition, any eventual decision would be rendered moot in respect of the availability of potential remedies and irreparable damage would be caused to Mr. Patterson.  Accordingly, the Commission requested that the State take precautionary measures to stay Mr. Patterson's execution pending the Commission's investigation of the allegations in his petition, and requested an urgent response to its communication.  In a note dated June 12, 2002 the State informed the Commission that it had forwarded the Commission's request for precautionary measures to the Attorney General of Texas.  The Commission subsequently received information that Mr. Patterson's execution remained scheduled for August 28, 2002. Consequently, the Commission reiterated its request for precautionary measures in a note to the State dated August 26, 2002.  In a communication dated September 23, 2002 the State indicated that on August 28, 2002, it had forwarded the Commission's August 26, 2002 note to the Governor of Texas with a request that it be transferred to the Texas Board of Pardons and Paroles.  The Commission subsequently received information that Mr. Patterson's execution proceeded as scheduled on August 28, 2002.

84.             On July 29, 2002 the Commission authorized precautionary measures in favor of Anthony Green.  According to the petition requesting the measures, Mr. Green was an African American convicted in October 1998 in Charleston County, South Carolina of the 1987 armed robbery and murder of a Caucasian woman, Susan Babich.  The petition alleged that the United States was responsible for violations of Articles I, II, XVIII and XXVI of the American Declaration of the Rights and Duties of Man in connection with the criminal proceedings against Mr. Green, because the prosecution relied upon unadjudicated charges during the penalty phase of Mr. Green's trial, because the death penalty in South Carolina is imposed in a racially discriminatory manner, and because of the length of time that Mr. Green spent on death row.  The petition also indicated that Mr. Green's execution was scheduled to take place on August 23, 2002. In its July 29, 2002 communication to the United States, the Commission indicated that if Mr. Green was executed before the Commission had an opportunity to examine his case, any eventual decision would be rendered moot in respect of the efficacy of potential remedies, and he would suffer irreparable damage.  Consequently, the Commission requested that the United States take precautionary measures to preserve Mr. Green's life pending the Commission's investigation of the allegations in his petition, and asked for an urgent response to its request. In a note dated August 1, 2002 the State informed the Commission that the U.S. Mission to the OAS was coordinating with the State of South Carolina and the Office of the Legal Advisor in the Department of State to provide a response to the petition as soon as possible.  Subsequently the Commission received information that Anthony Green's execution remained scheduled to take place in the State of South Carolina on August 23, 2002.  Therefore, in a note dated August 21, 2002 the Commission reiterated its July 29, 2002 request for precautionary measures.  The Commission subsequently received information that Mr. Green's execution proceeded as scheduled on August 23, 2002.

85.             On July 29, 2002 the Commission authorized precautionary measures in favor of Javier Suárez Medina.  According to the petition requesting the measures, Mr. Suárez Medina was a Mexican national who was convicted of capital murder in the State of Texas in May 1989 for the 1988 shooting of an undercover Dallas police officer.  The petition alleged that the United States was responsible for violations of Articles I, II, XVIII, XXIV, XXV, and XXVI of the American Declaration of the Rights and Duties of Man because Mr. Suárez Medina was not notified of his right to communicate with Mexican consular officials and to have them notified of his detention, because the prosecution was permitted during the penalty phase of Mr. Suárez Medina's trial to introduce testimony concerning an unadjudicated offense that Mr. Suárez Medina's was alleged to have committed, and because Mr. Suárez Medina spent more than 13 years on death row and was scheduled for execution on 14 occasions during that time.  The petition also indicated that Mr. Suárez Medina's execution was scheduled to take place on August 14, 2002.  In its July 29, 2002 communication to the United States, the Commission indicated that if Mr. Suárez Medina was executed before the Commission had an opportunity to examine his case, any eventual decision would be rendered moot in respect of the efficacy of potential remedies, and he would suffer irreparable damage. Consequently, the Commission requested that the United States take precautionary measures to preserve Mr. Suárez Medina's life pending the Commission's investigation of the allegations in his petition, and asked for an urgent response to its request.  In a note dated August 1, 2002 the State informed the Commission that the U.S. Mission to the OAS was coordinating with the State of Texas and the Office of the Legal Advisor in the Department of State to provide a response to the petition as soon as possible. The Commission subsequently received information that Mr. Suárez Medina's execution remained scheduled to take place on August 14, 2002.  Therefore, in a communication to the State dated August 13, 2002 the Commission reiterated its July 29, 2002 request for precautionary measures with a request for information on an urgent basis.  The Commission subsequently received information that Mr. Suárez Medina's execution proceeded as scheduled on August 14, 2002.

86.             On September 19, 2002 the Commission authorized precautionary measures in favor of James Rex Powell.  According to the petition requesting the measures, James Rex Powell was an inmate on death row in Livingstone, Texas who was scheduled to be executed on October 1, 2002. In 1991, he was convicted and sentenced to death for the October 1990 rape, abduction and murder of Falyssa Van Winkle.  The petition alleged that Mr. Powell was a victim of numerous human rights violations, because he was sentenced to death based in part on evidence relating to a charge on which he had been acquitted by a Louisiana jury, because Mr. Powell's jury was not impartial, and because Mr. Powell was deprived of his right to petition enshrined in Article XXIV of the Declaration based upon a rule of "procedural default" that precluded him from raising certain claims before the U.S. courts.  In its September 19, 2002 communication to the United States, the Commission informed the State that if Mr. Powell was executed before the Commission had an opportunity to examine his case, any eventual decision would be rendered moot in respect of the efficacy of potential remedies, and he would suffer irreparable damage. Consequently, the Commission requested that the United States take precautionary measures to preserve Mr. Powell's life pending the Commission's investigation of the allegations in his petition, and asked for an urgent response to its request.  In a note dated September 20, 2002, the State informed the Commission that the Commission's request for precautionary measures had been forwarded to the Governor and Attorney General of Texas. The Commission subsequently received information that Mr. Powell's execution proceeded as scheduled on October 1, 2002.

87.             On September 26, 2002 the Commission authorized precautionary measures in favor of certain foreign nationals detained in the United States.  According to the petition requesting the measures, the matter pertained to an undefined number of non-U.S. nationals, most of whom were believed to be Muslims of Arab or South Asian decent, who were detained in the United States following the September 11, 2001 terrorist attacks and were being held by the INS for protracted periods of time on minor immigration violations. The petition also contended that these detainees had been granted the right to voluntarily depart the United States or had been ordered deported by an immigration judge but had remained detained for extended periods, some for as long as four months, after the timeframes under U.S. law within which the INS was required to effectuate their removal. The Petitioners indicated that they had been unable to provide the names of the specific detainees to which the request for measures applies, because the United States had blocked access to and the release of information concerning the detainees, and because the detainees who remained in INS detention were not willing to be individually named or to go public with their stories for fear of retaliation or the laying of "dubious" federal criminal charges against them.  The Petitioners therefore referred to the subjects of their request collectively as the "9/11 INS Detainees Ordered Deported or Granted Voluntary Departure." The petition alleged that the detainees were at risk of irreparable harm because they faced threats of verbal and physical violence, because any detention that arbitrarily deprives an individual of his or her liberty causes that person irreparable harm, because the fact that the U.S. has refused to define the legal status of the detainees had left the detainees without means to effectively challenge the basis for their continued detention, and because the continued detention categorized and treated the detainees as terrorists, apparently based exclusively upon their religion or country of origin and therefore results in ongoing harm to their reputation and family lives. In a letter dated July 1, 2002, the Commission requested from the United States information that it considered pertinent to the situation referred to in the Petitioners' request, and as to measures that have been or could be taken to address the situation of the detainees concerned.  In a communication dated September 18, 2002, the United States responded to the Commission's request for information, in which it contended, inter alia, that the Petitioners' complaint was inadmissible for failure to exhaust domestic remedies and should therefore be dismissed, and in particular because the information requested by the Commission was the subject of five cases pending before the U.S. courts. In a note dated September 26, 2002, the Commission informed the United States that the information provided by the State failed to provide the Commission with any other insights into the specific threats of irreparable harm potentially faced by the class of INS detainee represented by the Petitioners, in particular information relating to the identities, location or status of the detainees concerned, the legal basis for their confinement, or the conditions under which they were being detained. The Commission also noted that it was not apparent that the individuals who remained in detention had effective access to judicial remedies or protection, as the proceedings cited in the State's September 18, 2002 note had either been brought by organizations that appeared to have no access to individuals in detention, or by individuals who may have been held in prolonged detention but had already been deported. In light of these circumstances, the Commission adopted precautionary measures in the same communication requesting that the State take the urgent measures necessary to protect the fundamental rights of the 9/11 Detainees Ordered Deported of Granted Voluntary Departure, including their rights to person liberty and security, to humane treatment, and to resort to the courts for the protection of their legal rights, by allowing independent courts to determine whether the detainees have been lawfully detained and whether they are in need of protection.  The Commission also requested information concerning compliance with the measures within 30 days and thereafter on a periodic basis. In the absence of a timely response from the State, the Commission reiterated its request for precautionary measures in a note dated November 18, 2002. The Commission subsequently learned that the U.S. Department of Justice had provided the media with information indicating that most of the 900 people arrested pursuant to federal investigations following the terrorist attacks of September 11, 2001 had been deported, released or convicted of minor crimes not related to terrorism, and that this included 759 of 765 people arrested by the U.S. government on immigration violations. In light of the potential relevance of this information to the INS detainees on whose behalf the Commission's measures were granted, in a note dated December 17, 2002 the Commission reiterated its request for information concerning the status of the beneficiaries of the measures.

88.             On November 8, 2002 the Commission authorized precautionary measures in favor of Roberto Moreno Ramos.  According to the petition requesting the measures, Mr. Moreno Ramos was a Mexican national who was sentenced to death in Hidalgo County, Texas on March 23, 1993 for the February 1992 murders of his wife and two children.  The petition alleged, inter alia, that the United States was responsible for violations of Mr. Moreno Ramos' rights under Articles I, II, XV, XVIII and XXV of the American Declaration because he was never informed of his rights to consular notification and access as required under Article 36(1)(b) of the Vienna Convention on Consular Relations, because Mr. Moreno Ramos' trial attorneys were incompetent to defend a capital case, and because the prosecution introduced evidence of an unadjudicated offense to secure a death sentence against Mr. Moreno Ramos.  The petition also indicated that a November 12, 2002 hearing date had been established before the domestic courts to schedule Mr. Moreno Ramos' execution.  In its November 8, 2002 note to the State, the Commission informed the State that if Mr. Moreno Ramos was executed before the Commission had an opportunity to examine his case, any eventual decision would be rendered moot in respect of the efficacy of potential remedies, and he would suffer irreparable damage.  Consequently, the Commission requested that the United States take precautionary measures to preserve Mr. Moreno Ramos' life pending the Commission's investigation of the allegations in his petition, and asked for an urgent response to its request.  In a note dated November 13, 2002 the State informed the Commission that the U.S. Mission to the OAS was coordinating with the State of Texas and the Office of the Legal Adviser in the Department of State to provide a response as soon as possible.  The Commission subsequently received information that the hearing to set Mr. Moreno Ramos' execution had been postponed.

89.             On November 18, 2002 the Commission authorized precautionary measures in favor of James Willie Brown.  According to the petition requesting the measures, in July 1981 James Brown was found guilty in the state of Georgia for the May 15, 1975 murder of Brenda Watson.  The petition also alleged that the United States was responsible for violating Mr. Brown's rights under Articles I, XV, XVIII and XXVI of the American Declaration by imposing capital punishment on Mr. Brown without providing him with a fair trial, by detaining Mr. Brown on death row for an excessive period.  In addition the petition indicated that Mr. Brown's clemency hearing was schedule for November 18, 2002 and his execution was scheduled for November 19, 2002.  In its November 18, 2002 communication to the United States, the Commission informed the State that if Mr. Brown was executed before the Commission had an opportunity to examine his case, any eventual decision would be rendered moot in respect of the efficacy of potential remedies, and he would suffer irreparable damage.  Consequently, the Commission requested that the United States take precautionary measures to preserve Mr. Brown' life pending the Commission's investigation of the allegations in his petition, and asked for an urgent response to its request.  In a note dated November 19, 2002 the State informed the Commission that the U.S. Mission to the OAS was coordinating with the State of Georgia and the Office of the Legal Advisor in the Department of State to provide a response to the petition as soon as possible.  The Commission subsequently received information from the Petitioners on September 6, 2002 that Mr. Brown's execution had been stayed pending further litigation.

s.        Venezuela

90.             On January 11, 2002 the IACHR granted precautionary measures to protect the life, person, and freedom of expression of journalists working at the newspaper El Nacional.  The petitioners alleged, inter alia, that on January 7, 2002 the journalists were threatened and assaulted by persons with ties to the government.  In its reply, the State reported that it had charged the Office of the Attorney General of the Republic, the Minister of the Interior and Justice, and the Ombudsman with complying with the precautionary measures.  On July 10, 2002 the Commission extended the duration of the precautionary measures at the petitioners’ request.

91.             On January 28, 2002 the IACHR granted precautionary measures to protect the life, person, and freedom of expression of Andrés Mata Osorio, a journalist at the newspaper El Universal.  The petitioners alleged that, in a climate of harassment towards the press, Mr. Mata received death threats against himself and his family.  The State informed the Commission that it had charged the Office to Protect Fundamental Rights of the Office of the Attorney General of the Republic with implementing the precautionary measures.  On June 25, 2002 the precautionary measures were broadened to include journalist Alicia La Rotta Morán, who was physically assaulted because of her work in journalism. On July 23, 2002, the duration of the precautionary measures was extended.

92.             On January 30, 2002 the IACHR granted precautionary measures on behalf of Laura Castellanos, José Antonio Monroy, Argenis Uribe, and David Pérez Hansen, journalists with RCTV and Globovisión. According to the request submitted to the IACHR, workers at both media outlets were assaulted by a group of roughly 50 persons while they were covering a transmission for the program Aló Presidente. Reporter Laura Castellanos was attacked by two women belonging to the Círculos Bolivarianos while covering the August 13, 2002 parliamentary session.  They further indicated that cameraman José Antonio Monroy received a gunshot wound while taping the demonstrations.  The State informed the IACHR that the incidents denounced by the petitioners were being investigated by the Attorney General’s Office.  The duration of these precautionary measures was extended in July 2002.  On November 25, 2002 the IACHR requested provisional measures from the Inter-American Court of Human Rights for the journalists from RCTV and continued processing precautionary measures on behalf of Globovisión.

93.             On February 28, 2002 the IACHR granted precautionary measures to protect the life, person, and freedom of expression of Luis Alfonso Fernández, Julio Gregorio Rodríguez García, and other workers and journalists at Venevisión.  According to the request received by the IACHR, the beneficiaries were victims of verbal attacks, harassment, and vandalism while covering the news events of February 3 and 21, 2002. The State reported that the Ministry of the Interior and Justice, the Attorney General of the Republic, and the Ombudsman would take the necessary measures, within their spheres of competence, to fulfill the precautionary measures.  On August 30, the IACHR extended the precautionary measures by six months.

94.             On March 12, 2002, the Commission granted precautionary measures on behalf of Ybéyise Pacheco, Patricia Poleo, Marta Colombina, and Marianella Salazar, journalists at the newspaper Así es la Noticia.  According to the petition filed with the Commission, on February 1, 2002 the newspaper’s facilities were attacked with explosives; afterwards, journalists received threats over the telephone and in writing.  On March 27, the State reported that the Ministry of the Interior and Justice, the Attorney General of the Republic, and the Ombudsman would take the necessary measures, within their spheres of competence, to fulfill the precautionary measures. It also reported on the opening of an investigation, collection of evidence, and security checks at the newspaper’s facilities.

95.             On April 19, 2002 the IACHR granted precautionary measures on behalf of Yris Medina Cova, Hilda Páez, Maritza Romero, Aura Lizcano, Alicia de González, Carmen Alicia Mendoza, and Liliana Ortega Mendoza, members of the human rights organization COFAVIC.  According to the petition presented to the IACHR, Mrs. Liliana Ortega, director of COFAVIC, and members of that organization had received threats, because of their activities to defend human rights.  The State provided police protection to the beneficiaries, but the latter indicated that the investigations into the incidents that led to the granting of precautionary measures had not yielded satisfactory results.  In November 2002, the petitioner informed the IACHR that the police protection initially implemented by the State in compliance with the precautionary measures was stopped just when Mrs. Liliana Ortega was receiving new threats on her life.  On November 25, 2002 the IACHR requested provisional measures from the Inter-American Court of Human Rights.  The Court granted that request on November 27, 2002.

96.             On May 28, 2002 the IACHR granted precautionary measures on behalf of Dubraska Romero, a journalist with the evening newspaper Tal Cual, who received threats because of her work in journalism.  The State reported that it had charged the Minister of the Interior and Justice with implementing police protection for the beneficiaries. It also reported that the Attorney General’s Office had launched an investigation into the incidents.

97.             On August 23, 2002 the IACHR granted precautionary measures on behalf of Fernando Sánchez Colmenares, a victim of the events of April 11, 2002 in the vicinity of Palacio Miraflores in Caracas, and Mohamad Merhi, a relative of another victim of those events. According to the petition presented to the Commission, the beneficiaries were each victims of attacks on their lives, perpetrated in a similar way, on August 9 and 10, 2002, allegedly as a result of a case brought against government authorities for their alleged responsibility for the events of April 11, 2002. The State reported that the Vice Minister of Public Safety would implement police protection on behalf of the beneficiaries and that the Attorney General’s Office had opened an investigation into the incidents.

98.             On September 18, 2002, the IACHR granted precautionary measures on behalf of Carlos Tablante, President of the Justice and Human Rights Commission of the National Assembly of Venezuela and member of the Movement Towards Socialism (MAS). According to the request presented to the IACHR, Mr. Tablante has been the victim of repeated assaults and threats to his personal safety–including two attacks in which two bodyguards were killed–because of his activities in parliament; however the competent authorities had not taken the essential steps to prevent further assaults or to try the perpetrators.  The State did not present information on the adoption of the precautionary measures.

99.             On October 15, 2002 the IACHR granted precautionary measures on behalf of Maria Ramona Daza, Maria Presidia de Sivira, Llibeth Mendoza, Ingri Liliana Colmenares Mendoza, Ediarly Colmenares Mendoza, Doris Colmenares, Maria de Colmenares, José Gregorio Colmenares, Edgar Jovanny Colmenares, Dennys Colmenares, Mariela Mendoza Carvajal, Carlos Gilberto Mendoza Carvajal, Leydi Rodríguez, Walter Rodriguez Rodriguez, and Ligia de Agray, relatives of victims of the extermination groups operating in the state of Portuguesa.  According to the request presented to the IACHR, between 1999 and 2002 over 100 persons were assassinated, allegedly by active personnel assigned to the Police Force of Portuguesa.  The beneficiaries had become targets of these groups.  The State did not present information regarding the adoption of the precautionary measures.

100.        On October 18, 2002, the IACHR granted precautionary measures on behalf of Luis Enrique Uzcátegui Jiménez, brother of Néstor José Uzcátegui Jiménez, who was killed on January 1, 2001 allegedly by state of Falcón police officers.  According to the request presented to the IACHR, Mr. Uzcátegui had received death threats for having organized a committee of family members of victims of alleged executions by members of the police.  In light of new events that aggravated the beneficiary’s security situation and of the fact that the State did not take the necessary measures to comply with the precautionary measures, on November 25, 2002 the IACHR asked the Inter-American Court of Human Rights to order the adoption of provisional measures. The Court granted that request on November 27, 2002.

101.        On November 5, 2002 the IACHR granted precautionary measures on behalf of José Ángel Ocanto, editor at the newspaper El Impulso in Barquisimeto. According to the petitioners’ request, the beneficiary had been the victim of threats and harassment. The State did not provide the Commission with information on implementation of these precautionary measures.

102.        On December 4, 2002 the IACHR granted precautionary measures on behalf of Father Juan Manuel Fernández, secretary of the Archdiocese of Caracas and representative of ValeTV, in a claim presented to the Commission.  According to the petitioners’ request, Father Fernández was threatened and was attacked in an incident in which a minor received a gunshot wound. The State reported that the Office of the Attorney General had launched an investigation into the incidents. It also reported that the General Directorate of the Metropolitan Police of Libertador would provide the beneficiary with police protection.