...continuation (Chapter III)

 

Ecuador

 

26.  On February 27, 2004, the IACHR granted precautionary measures in favor of Mr. Leonidas Iza, President of the Confederation of Indigenous Nations of Ecuador (Confederación de las Nacionalidades Indígenas del Ecuador—CONAIE) and his family.  Available information indicates that on February 1, 2004, Mr. Iza and members of his family were victims of an armed assault at CONAIE headquarters, as a result of which they were severely injured.  In view of the risk for the beneficiaries, the Commission requested the Ecuadorian State to adopt measures to protect the life and physical integrity of Mr. Leonidas Iza and his family.  The Commission continues to monitor the situation of protected persons.

 

27.  On October 19, 2004, the IACHR granted precautionary measures in favor of Luis Alberto Sabando Véliz.  Available information indicates that Luis Alberto Sabando Véliz allegedly disappeared on September 29, 2004 in the city of Quevedo, while he was handcuffed and in the custody of four police officers of the Provisional Detention Center of the city of Quevedo.  In view of the situation, the IACHR requested the Ecuadorian State to adopt the necessary measures to protect the life, safety, personal freedom, and right to due process of law of the beneficiary and to report on the actions undertaken to determine his whereabouts. The Commission continues to monitor the situation of the protected person.

 

Guatemala

 

28.  On January 29, 2004, the IACHR granted precautionary measures in favor of Antonio Gómez Castaño and his wife Clelean Marilú Izaguirre Pinula de Gómez.  Available information indicates that Mr. Gómez Castaño and his family have been the targets of telephone threats, persecution, threats, and other acts of intimidation, presumably for his on the files of the dissolved Presidential Military Staff.  In view of the situation, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and personal safety of Mr. Antonio Gómez Castaño and his family.  The Commission continues to monitor the situation of the protected persons.

 

29.  On February 9, 2004, the IACHR granted precautionary measures in favor of Fermín Ramírez in the context of Case No 12.403, referring to the alleged violation of the rights to life, due process of law, and judicial protection, enshrined in Articles 4, 8, and 25 of the American Convention, as a result of the decision of March 6, 1998 of the Court of Criminal Sentencing, Narcotic Activities and Crimes of Escuintla whereby Mr. Ramírez was convicted and sentenced to death.  Available information indicates that, on January 8, 2004, the Constitutional Court had allowed an appeal on the ground that Mr. Ramírez’s sentence was unconstitutional, without ordering the provisional suspension of the execution of the death penalty given to Mr. Ramírez. As a consequence, his execution could be scheduled at any time by the judge of execution of sentences.  In view of the situation, the Commission requested the Guatemalan State to suspend Mr. Ramírez’s execution on the basis that his petition was pending before the inter-American system, in order to avoid depriving any decision by the Commission of its effectiveness.  On September 12, 2004, Case 12.403 was referred to the jurisdiction of the Inter-American Court, and on December 3, 2004, the representatives of the beneficiary requested the adoption of provisional measures in favor of Mr. Ramírez.  In response, the President of the Court adopted a Resolution on December 21, 2004 (see below the section on matters pending before the Inter-American Court).

 

30.  On February 17, 2004, the IACHR granted precautionary measures in favor of Orlando Blanco Lapola, director and spokesperson for the National Human Rights Coordinator of Guatemala.  Available information indicates that Mr. Lapola has been the target of repeated death threats, an illegal search of the offices where he works, and intimidation on a public highway, because of his activity as a defender of human rights and the steps taken to promote the establishment of the Commission for the Investigation of Clandestine Security Corps and Devices (Comisión de Investigación de Cuerpos y Aparatos Clandestinos de Seguridad—SICIACS) in 2002 and 2003.  In view of risk to the beneficiary, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and physical integrity of Mr. Blanco and to report on the actions undertaken to investigate the incidents and the threats made against him.  The Commission continues to monitor the situation of the protected person.

 

31.  On February 27, 2004, the IACHR granted precautionary measures in favor of Rafael Castillo Gándara and his attorney, Walter Robles.  Available information indicates that Mr. Gándara Castillo has been the target of persecution and death threats by members of the Attorney General’s Office, where his ex-wife worked under the orders of the Attorney General at the time, Carlos David de León Argueta.  Although the Presidential Military Staff and the Human Rights Prosecutor arranged for the adoption of perimeter security measures in favor of Messrs. Gándara Castillo and Robles, they continued to be the targets of threats and persecution.  In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the measures necessary to protect the life and personal safety of Messrs. Gándara Castillo and Robles and to report on the actions undertaken to investigate the threats made against them.  The Commission continues to monitor the situation of the protected persons.

 

32.  On May 26, 2004, the Commission granted precautionary measures in favor of Héctor Ramírez Rubio, Jorge Vinicio Ramírez Rubio, Byron Alejandro Ramírez Rubio, Carol Stephanie Gudiel Morales, Blanca Estela Gudiel Morales, Ronald Estuardo Gudiel Morales, Mynor Iván Gudiel Morales, Carmen Roxana Morales de Gudiel, and Ronald Gudiel Morales.  Available information indicates that the beneficiaries have been the targets of death threats and other acts of intimidation, in retaliation for a complaint filed against Efraín Ríos Montt and his followers because of the death of the journalist Héctor Ramírez Rubio.  This death took place in a context of violence on July 24-25, 2003 when hooded mobs armed with sticks and stones protested in the streets of Guatemala City to support the registration of Efraín Ríos Montt as a candidate in the presidential elections.  In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and personal safety of the above-mentioned persons and to report on the actions undertaken to investigate the threats made against them.  The Commission continues to monitor the situation of the protected persons.

 

33.  On September 17, 2004, the IACHR granted precautionary measures in favor of Ana Luz Chuga Tathuite, Magda Elena Chuga Tahuite and their families.  Available information indicates that the beneficiaries have been the target of death threats after they reported injuries to Ms. Chuga Tahuite, who was attacked by three men on June 19, 2004.  It is claimed that no measures have been taken to determine the juridical status of the individuals allegedly responsible for the assault, despite the testimony of the affected person and even though the life and physical integrity of the beneficiary and her family are in imminent danger after she made the corresponding report.  In view of the risk to the beneficiaries, the Commission requested the Guatemalan State to adopt the measures necessary to protect the life and physical integrity of Ana Luz Chuga Tathuite, Magda Elena Chuga Tahuite, and their families and to report on the actions undertaken to investigate the threats made against them.  The Commission continues to monitor the situation of the protected persons.

 

34.  On October 18, 2004, the IACHR granted precautionary measures in favor of Alexander Toro, Legal Aid of the Department Prosecutor’s Office of Retaluelo, and his family.  Available information indicates that Mr. Alexander Toro has been the target of death threats after his intervention as a mediator between the occupants, owners, and public authorities in the search of a peaceful solution to the occupation of the Nueva Linda Farm.  The farm was taken over by 1,800 campesinos in October 2003 after the murder of the leader Héctor René Reyes Pérez, and they were evicted on August 31, 2004, in episodes of violence that left 11 dead.  In view of the risk to the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and personal safety of the beneficiaries and to report on the actions undertaken to investigate the threats made against him.  The Commission continues to monitor the situation of the protected persons.

 

35.  On October 29, 2004, the IACHR granted precautionary measures in favor of Edgard Orlando Acajabón Morales, Luis Mario Morales Mejía, Marvin Guillén, Fredy Rodas, Julio Rodas, Mynor Toj, Luis Romero, and Gerardo Montenegro, journalists associated with the news reports “Nuestro Diario” and “Cable DX”.  Available information indicates that the journalists had been the targets of threats and assaults after they had witnessed violence in the eviction from the Nueva Linda Farm on August 31, 2004.  In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the lives and physical integrity of the beneficiaries and to report on the actions undertaken to investigate the threats made against them.  The Commission continues to monitor the situation of the protected persons.

 

36.  On November 24, 2004, the IACHR granted precautionary measures in favor of 62 children held in the Juvenile Center of Provisional Confinement.  The ruling on the necessity of precautionary measures was based on on-site observations made by the Commission’s Rapporteurs for Children and Detained Persons – Commissioners Paulo Sérgio Pinheiro and Florentín Meléndez — between November 18 and 20, 2004.  On this occasion, information was gathered directly indicating that the physical and psychological safety and health of the confined children were severely threatened by the treatment of the staff and system and the unhealthy conditions of the solitary confinement cells.  In view of the situation, the Commission requested the Guatemalan State to adopt the measures necessary to protect the lives and physical integrity of the beneficiaries, including measures aimed at preventing retaliation by the prison staff against the inmates and to report on the actions undertaken to investigate the facts and put an end to the assaults against the incarcerated children.  The Commission continues to monitor the situation of the protected children.

 

Haiti

 

37.  On January 13, 2004, the IACHR granted precautionary measures in favor of Professor Henri Marge Dorleans, member of the Toussaint Louverture Center.  Available information indicates that Professor Dorleans had been the target of threats and intimidation after his participation in a December 10, 2003 political debate on the human rights situation in Haiti.  It is alleged that, as a result of the threats that he received, he had to seek shelter and that on December 13, 2003, his neighbors were questioned about the activities in the Toussaint Louverture Center.  In view of the risk to the beneficiary, the Commission requested the Haitian State to adopt the measures necessary to protect the life and physical integrity of Mr. Dorleans and to report on the actions undertaken to investigate the facts and the threats made against him.  The Commission continues to monitor the beneficiary’s situation.

 

Honduras

 

38.  On June 8, 2004, the IACHR granted precautionary measures in favor of the human rights defender Andrés Pavón Murillo, Executive Director of CODEH.  Available information indicates that Mr. Pavón Murillo has been the target of threats and harassment because of his activities as a human rights defender and that the public has been called upon on television and radio to take his life and the lives of his family, so as to dissuade him from continuing “to defend delinquents.”  In view of the risk for the beneficiaries, the Commission requested the Honduran State to adopt measures to protect the life and physical integrity of Mr. Pavón Murillo and his family.  The Commission continues to monitor the situation of the protected persons.

 

Mexico

 

 

 

40.  On September 27, 2004, the IACHR granted precautionary measures in favor of Raúl Javier Gatica Bautista, member of the Organizational Board of the Ricardo Flores Magón Oaxaca People’s Indigenous Council.  Available information indicates that Mr. Gatica Bautista has been the target of threats and harassment because of his work defending the human rights of the indigenous peoples of Oaxaca, which had allegedly undermined official, political, and paramilitary groups interests.  In view of the risks to the beneficiary, the Commission requested the Mexican State to adopt measures to protect Mr. Raúl Javier Gatica Bautista’s life and physical integrity and the free exercise of his activities as a human rights defender.  The State and the beneficiaries have reported on agreements reached concerning measures of protection.  The Commission continues to monitor the situation of the protected person.

 

Paraguay

 

41.  On October 12, 2004, the IACHR granted precautionary measures in favor of the members of the Kelyenmagategma Indigenous Community of the Enxet People.  Available information indicates that, on August 29, 2004, members of this community had allegedly been displaced by force from their ancestral land, through the actions of individuals who destroyed their homes and working tools.  The Petitioners allege that the displaced persons are living in deplorable conditions and that their personal safety is in imminent danger.  In view of the situation, the IACHR requested the Paraguayan State to adopt precautionary measures necessary to protect the lives and physical integrity of the members of the Kelyenmagategma Indigenous Community of the Enxet People, to provide humanitarian support to the displaced persons and guarantee their prompt return to their ancestral land, and to report on the actions undertaken to clarify the facts justifying the adoption of precautionary measures.  The Commission continues to monitor the situation of the beneficiaries.

 

42.  On November 15, 2004, the IACHR granted precautionary measures in favor of Mr. Felipe Nery Páez Mauro and his family.  Available information indicates that Mr. Felipe Nery Páez Mauro has been the target of threats and other acts of harassment–supposedly related to legal proceedings—and that he has not received protection from the authorities, although a legal order was issued for this purpose.  In view of the risks to the beneficiary and his family, the Commission requested the Paraguayan State to adopt measures to protect the life and personal safety of Mr. Nery Páez Mauro and his family.  The Commission continues to monitor the situation of the protected persons.

 

Peru

 

43.  On August 2, 2004, the IACHR granted precautionary measures in favor of Luis Alberto Ramírez Hinostroza and his family.  Available information indicates that the beneficiary has been the target of threats and assaults against his physical integrity and that of his family, because he is a victim and witness in a legal proceeding that is being processed in the Fourth Criminal Court of Huancayo.  In view of the risk, the Commission requested the Peruvian State to adopt measures to protect the life and physical integrity of Mr. Luis Alberto Ramírez Hinostroza and his family.  On August 30, 2004, when the precautionary measures were in force, Mr. Hinostroza was shot in the abdomen as a result of a criminal attempt on his life, which took place close to his home.  On September 2, 2004, the Commission transmitted to the Peruvian State a communiqué expressing concern about the above-mentioned criminal attempt and requested immediate and effective observance of the precautionary measures granted in favor of Mr. Hinostrosa.  The Commission continues to receive information about the situation of the beneficiaries.

 

44.  On August 17, 2004, the IACHR granted precautionary measures in favor of Oscar González Anchurayco and members of the Community of San Mateo de Huanchor.  Available information indicates that the living conditions, health, food, farming and livestock of five indigenous campesino communities, comprised of more than 5,000 families, would be severely affected by deposits from an open-air mine in the vicinity of the Rimac River.  The studies conducted by the Department of Environmental Health of the Ministry of Health conclude that the cumulative power and chronic effect of arsenic, lead, and cadmium in the deposits generated a high risk of exposure for the communities of the zone; that environmental pollution is affecting the health of the dwellers of the communities; and that children are suffering from very high levels of lead concentration in their blood.  In view of the risks to the beneficiaries, the Commission granted precautionary measures to protect the life and personal safety of Oscar González Anchurayco and the members of the Community of San Mateo de Huanchor.   Likewise, the Commission requested the Peruvian State to implement a health assistance and care program for the population, particularly for children, to identify the persons who might have been affected by the consequences of pollution and provide the relevant medical care; and to begin transferring the deposits in accordance with the best technical conditions as determined by the relevant environmental impact study.

 

Suriname

 

45.  On November 11, 2004, the IACHR granted precautionary measures in favor of Mr. Luis Miguel Sánchez Aldana, who is imprisoned in the penitentiary Penitendiare Inristing.  Available information indicates that Mr. Sánchez Aldana suffers from complete occlusion of the aorta and gangrene in the lower limbs, which are jeopardizing his life because of his state of health.  In view of the risk to the beneficiary, the Commission requested the Government of Suriname to adopt the necessary measures to provide adequate medical care to Mr. Luis Miguel Sánchez Aldana, while he is under custody of penitentiary authorities.  The Commission continues to monitor the situation of the protected person.

 

United States

 

46.  On March 31, 2004, the Commission granted precautionary measures in favor of Gregory Thompson in the context of petition P194-2004, which alleged violations of Mr. Thompson’s rights under Articles I, XVII, XVIII and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Thompson was sentenced to death in Tennessee in 1985 and they challenged his conviction and sentence before the Commission on the basis that Mr. Thompson was mentally ill and based upon alleged irregularities in his criminal proceedings. The petitioners also indicated that Mr. Thompson was scheduled to be executed on August 19, 2004. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Thompson’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Thompson’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On June 24, 2004, the State informed the Commission that, in its view, the Commission did not have the authority to request that the State adopt precautionary measures. On August 8, 2004 and September 15, 2004, the State and the Petitioners, respectively, informed the Commission that on June 23, 2004, the United States Court of Appeals for the Eighth Circuit had stayed Mr. Thompson’s execution pending further domestic legal proceedings.

 

47.  On May 10, 2004, the Commission granted precautionary measures in favor of Marlin Gray in the context of petition P396-04, which alleged violations of Mr. Gray’s rights under Article I of the American Declaration of the Rights and Duties of Man. According to the petitioners, Mr. Gray was sentenced to death on December 3, 1992 in the state of Missouri, and they challenged Mr. Gray’s death sentence before the Commission on the basis that the state did not restrict the application of the death penalty to crimes of exceptional gravity and that Mr. Gray did not personally commit the murder for which he was condemned but rather was convicted as an accomplice. Further, the petitioners indicated that Mr. Gray had exhausted all domestic remedies and that Missouri was expected to set an execution date in the very near future. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Gray’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Gray’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On June 30, 2004, the State informed the Commission that its request had been forwarded to the Attorney General of Missouri. On November 9, 2004, the petitioners informed the Commission that on October 4, 2004, the U.S. Supreme Court rejected a petition for a writ of certiorari filed on Mr. Gray’s behalf and that an execution date could be set at any time. In light of this information, on November 16, 2004 the Commission reiterated its request to the United States for precautionary measures in favor of Mr. Gray. On November 24, 2004, the State again informed the Commission that its request had been submitted to the Governor and Attorney General of Missouri.

 

48.  On June 28, 2004, the Commission granted precautionary measures in favor of Robert Karl Hicks in the context of petition P580-04, which alleged violations of Mr. Hicks’ rights under Articles XVIII and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Hicks was sentenced to death on January 17, 1986 in the state of Georgia and they challenged his conviction and sentence before the Commission on the basis that he had been detained on death row for 18 years since his conviction, that he was not provided with adequate time and facilities for the preparation of his defense, and that he was not given adequate legal representation at trial. The petitioners also indicated that Mr. Hicks’ execution was scheduled to take place on June 30, 2004. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Hick’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Hick’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On June 30, 2004, the State informed the Commission that its request for precautionary measures had been forwarded to the Attorney General of Georgia. The Commission subsequently received information that on July 1, 2004, Mr. Hicks was executed.

 

49.  On July 7, 2004, the Commission granted precautionary measures in favor of Troy Albert Kunkle in the context of petition P607-04, which alleged violations of Mr. Kunkle’s rights under Articles I, XVIII, XXV and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Kunkle was sentenced to death in the state of Texas on February 26, 1985 and they challenged his sentence before the Commission on the basis that he had been on death row since January 17, 1986, that he was not provided with adequate legal representation in the investigation and presentation of mitigating evidence at trial, and that the domestic courts had failed to grant Mr. Kunkle discovery or an evidentiary hearing in order to prove the factual basis for his constitutional claims. The petitioners also indicated that Mr. Kunkle was scheduled to be executed on July 7, 2004. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Kunkle’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Kunkle’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On July 13, 2004, the State informed the Commission that its request had been forwarded to the Governor, Attorney General and Board of Pardons and Parole of Texas. In a subsequent note dated August 8, 2004, the State informed the Commission that on July 7, 2004, the U.S. Supreme Court issued a stay of Mr. Kunkle’s execution pending the disposition of his petition for a writ of certiorari before that Court, and that, if his petition was denied, under Texas law Mr. Kunkle would receive 30 days notice of the new execution date. 

 

50.  On November 12, 2004, the Commission granted precautionary measures in favor of three beneficiaries, Warren Wesley Summerlin, Jeffery Timothy Landrigan and Richard Michael Rossi, in the context of petition P1177-04, which alleged violations of the beneficiaries’ rights under Articles I, II, XVIII, and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that the beneficiaries had been sentenced to death in the state of Arizona and they challenged their death sentences before the Commission on the basis that the beneficiaries had been arbitrarily denied the benefit of a decision of the U.S. Supreme Court that declared as unconstitutional the proceedings under which they had been sentenced to death. The petitioners also indicated that the three beneficiaries were awaiting rulings by the U.S. Court of Appeals for the Ninth Circuit, that the post-conviction consideration of appeals in U.S. death penalty cases is neither orderly nor predictable, and that execution dates could be set on short notice once the Ninth Circuit issued its decision. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve the three beneficiaries’ lives pending the Commission’s investigations into the allegations in their petition, on the basis that their executions would render any eventual decision by the Commission ineffective and cause them irreparable harm. On November 30, 2004, the State informed the Commission that its request had been forwarded to the Governor and Attorney General of Arizona.

 

Venezuela

 

51.  On March 11, 2004, the IACHR granted precautionary measures in favor of the president and director of the community broadcasting station Máxima 104.3 FM, Víctor López Yépez and Adda Pérez.  Available information indicates that on March 2, 2004, a group of approximately 30 persons, presumably belonging to the “Gente de Petróleo” organization, armed with sticks and stones, assaulted the journalists Víctor López Yépez and Adda Pérez while returning from work.  Likewise, the Petitioners indicate that they had received threats of arson on various occasions at the main office of the radio station. They allege that the threats were reported to the National Guard, the Regional Police, and the Police Institute of Cabimas, although no response has been forthcoming.  In view of the risks to the beneficiaries, the IACHR requested the Venezuela State to adopt the measures necessary to protect the lives and physical integrity of the journalists as well as the installations of the radio station, and to report on the actions undertaken to clarify the facts justifying the adoption of precautionary measures.  The Commission continues to monitor the situation of the protected persons.

 

52.  On June 22, 2004, the IACHR granted precautionary measures in favor of Ms. Eloisa Barrios and her family.  Available information indicates that the beneficiaries are the target of constant threats and intimidation because of their reports of the assassination of their relative, Narciso Barrios, which was presumably committed by state agents.  The Petitioners point out that, on June 19, 2004, Jorge Barrios and Oscar Barrios–relatives of Ms. Eloisa Barrios—had been arrested by a police commission and threatened with death, after which Jorge and Oscar Barrios were kicked in the face and body. In view of the risks to the beneficiaries, the IACHR requested the Venezuelan State to adopt the necessary measures to protect the life and physical integrity of Ms. Eloisa Barrios and her relatives.  After being apprised of the violent death of one of the beneficiaries of the precautionary measures, the Commission requested the Inter-American Court to adopt provisional measures in accordance with Article 63(2) of the American Convention.  The provisional measures were granted on September 24, 2004 (see section below on questions pending before the Inter-American Court).