Annual Report 2006 - Chapter III

ANNUAL REPORT OF THE IACHR 2006

m. Nicaragua

Mayagna (Sumo) Awas Tingni Community Case

624. This case deals with the lack of demarcation of the communal lands of the Awas Tingni Community, the failure to take effective measures to guarantee the property rights of the Community over its ancestral lands and natural resources, and the granting of a concession on lands belonging to the Community without its consent and without ensuring an effective legal action to hear the ownership claims of the Community.

625. In its judgment of August 31, 2001, the Court found that the State had violated the right to judicial protection of members of the Mayagna (Sumo) Awas Tingni Community, which is protected by Article 25 of the American Convention on Human Rights in conjunction with Articles 1.1 and 2 thereof, as well as their right to property under Article 21, and that the State must take the legislative, administrative and other measures required under domestic law to provide an effective means of delimiting, demarcating and issuing title to properties in the indigenous communities in a manner consistent with their customary law and values, usage and practice.

626. In 2006 the Commission requested a resolution with a view to expediting compliance with the Court's orders.

627. The full text of the decision is available at: <http://www.corteidh.or.cr/docs/casos/articulos/Seriec_79_esp.pdf>.

Yatama Case

628. In 2006 the Commission presented observations on the information provided by the representatives of the injured parties and by the State regarding compliance with the remedies ordered by the Court in its judgment of June 23, 2005.

629. On November 29, 2006, the Court issued a resolution requiring the State to take all necessary measures to effectively and promptly put into effect all orders from the Court that remain unimplemented. It also asked the State to present by March 5, 2007, a detailed report on fulfillment of its obligations to legislate a simple, speedy and effective legal action to review decisions by the Supreme Electoral Council that affect human rights, such as political rights, in a manner consistent with the applicable legal and treaty safeguards, and to repeal any provisions standing in the way of such a legal remedy; to amend Electoral Law No. 331 of 2000 so as to clearly regulate the consequences of noncompliance with the requirements of electoral participation, the procedures to be followed by the Supreme Electoral Council in determining noncompliance, and the fundamental decisions that the Council must take, as well as the rights of persons whose participation is affected by State decisions; to amend the regulation of requirements in Electoral Law No. 331 of 2000 that violate the American Convention and to take all measures required to enable members of indigenous and ethnic communities to effectively participate in elections in a manner consistent with their traditions, practices and customs; to pay the compensation awarded for material and moral damages and the amount set for costs and expenses; and to publicize certain sections of the judgment in Spanish, Miskito, Sumo, Rama and English.

630. The full text of the ruling is available at: http://www.corteidh.or.cr/docs/supervisiones/yatama_29_11_06.doc.

n. Panama

Baena Ricardo et al. Case

631. During 2006 the Commission periodically commented on compliance with the Court's remedies ordered in its judgment of February 2, 2001 and its most recent resolution of November 28, 2005. This last ruling of the Court kept the proceedings open in regard to the obligation to pay to the 270 victims the proper amounts for salary arrears and other employment benefits under Panamanian law, which in the case of employees who have died should be paid to their heirs; to reinstate the 270 victims in their jobs and, if this is not possible, to offer them employment options consistent with the terms, salary and compensation they had when they were dismissed. Should this last also prove impossible, to pay the severance amounts provided under domestic law for termination of employment. Likewise, to pay to the heirs of dead victims the pension or retirement benefits to which they may be entitled as well as the compensation for moral damages.

632. The full text of the ruling may be found at: <http://www.corteidh.or.cr/docs/supervisiones/baena_28_11_05.pdf>.

o. Paraguay

"Panchito López" Juvenile Rehabilitation Center Case

633. During 2006 the State provided no substantial information on the status of compliance with the judgment of September 2, 2004. Consequently, the Commission has been unable to periodically report on the degree of compliance with the Court's orders.

634. On July 4, 2006, the Court issued a ruling on compliance with that decision and decided to keep the proceedings open with regard to the following outstanding obligations of the State: hold, in consultation with civil society, a public act to acknowledge its international responsibility and to announce the drafting of a short, medium and long-term policy on children that come into conflict with the law; provide psychological treatment to all who were inmates of the Institute between August 14, 1996 and July 25, 2001; provide medical and/or psychological treatment to former inmates injured in the fires and provide psychological treatment to all family members of inmates who died or were injured; provide vocational assistance and a special-education program for inmates of the Institute who were there between August 14 and July 25, 2001; make available for the remains of Mario del Pilar Álvarez Pérez a crypt near the residence of his mother; protect the life, safety and security of witnesses and their families; pay for material and moral to the victims and their families and reimburse the expenses and costs of representatives of the victims.

635. The full text of the resolution is available at: <http://www.corteidh.or.cr/docs/supervisiones/instituto_04_07_06.doc>.

Goiburú et al. Case

636. On June 8, 2005, the Commission filed with the Court an application against Paraguay in cases 11560, 11665 and 1667, over the illegal and arbitrary detention, torture and forced disappearance of Messrs. Agustín Goiburú Giménez, Carlos José Mancuello Bareiro and the brothers Rodolfo Feliciano and Benjamín de Jesús Ramírez Villalba, carried out by State agents as from 1974 and 1977, as well as the partial impunity that attaches to those events because all perpetrators have not been punished.

637. On September 22, 2006, the Court accepted the State's acknowledgment of international responsibility and found that Paraguay had violated the right to life, humane treatment and personal freedom protected by Articles 4.1, 5.1, 5.2 and 7 of the American Convention, of Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba and Benjamín Ramírez Villalba; their families' right to humane treatment under Article 5.1; the right of the victims and their families to a fair trial and judicial protection under Articles 8.1 and 25; all in conjunction with the general obligation to respect and guarantee rights and liberties under Article 1.1 of the Convention. The Court ordered reparations resulting from the State's international responsibility.

638. The full text of the decision may be found at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_153_esp.doc.

Ricardo Canese Case

639. This case involves the conviction of Mr. Ricardo Canese, and the restrictions on his ability to leave the country, as a result of statements he made while he was a candidate in the presidential elections held in Paraguay in 1993.

640. During 2006 the State provided no substantial information on the status of compliance with the Court's judgment of August 31, 2004. Consequently, the Commission was unable to periodically report on the degree of compliance with the Court's orders.

641. On September 22, 2006, the Court issued a resolution on compliance with its judgment, finding that the State "has not complied with the provisions in the operative paragraphs of the judgment on the merits, remedies and costs rendered by the Court." The full text of this ruling is available at: <http://www.corteidh.or.cr/docs/supervisiones/canese_22_09_06.doc>.

Sawhoyamaxa Case

642. The Commission filed an application in this case because of the State's failure to guarantee the ancestral land ownership of the Sawhoyamaxa Community and its members and the lack of satisfactory resolution of their request for territorial recovery. This has meant that the Community and its members have been denied ownership and possession of their lands and have been kept in a state of vulnerability in terms of food, medical care and sanitation, that continually threatens their survival and safety.

643. On March 29, 2006, in light of the evidence supplied by the parties during the proceedings and the arguments made, the Court held that Articles 3, 4, 8, 21 and 25 of the American Convention had been violated, in conjunction with Articles 1.1, 2 and 19 thereof. In its decision the Court established the appropriate reparations.

644. The full text of the decision is available at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_146_esp2.doc>.

Vargas Areco Case

645. On March 27, 2005, the Commission filed with the Court an application in case 12300 (Gerardo Vargas Areco) against Paraguay, because of its failure to investigate, prosecute and punish the perpetrators of the offenses committed against the child Vargas Areco, who was recruited into the Armed Forces of Paraguay when he was 15 years old and died from a shot in the back on December 30, 1989, while trying to flee his garrison. Paraguay accepted the adversarial jurisdiction of the Court on March 26, 1993, and the violations cited by the Commission in its application to the Court occurred after that date.

646. On September 26, 2006, Court accepted in part the State's acknowledgment of international responsibility and held that Paraguay had violated, with respect to the family of Gerardo Vargas Areco, its duty to guarantee the rights protected by Articles 4 and 5.1 of the American Convention, in conjunction with Article 1.1 thereof, and Articles 6 and 8 of the Inter-American Convention to Prevent and Punish Torture; the right recognized by Article 5.1 of the American Convention; and the rights protected by Articles 8.1 and 25 of the American Convention; all in conjunction with Article 1.1 of the Convention and as from March 26, 1993. The Court's decision also dealt with other aspects of the case and established the appropriate remedies.

647. The full text of the decision may be found at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_155_esp.doc.

Yakye Axa Case

648. During 2006 the Commission reported on the degree of compliance with the Court's reparations ordered in its judgment of June 17, 2005. It indicated that Paraguay had acknowledged its responsibility in a public ceremony held at the present location of the Yakye Axa Community; it stressed the importance of having the Judgment Implementation Committee begin its operations, and it dealt with the partial payment of damages, costs and expenses. Noting that all other State obligations remained unmet, the Commission deemed it necessary for the State to present full information in this connection, particularly and foremost on its obligation to provide subsistence supplies according to objective criteria, and on the changes that, according to the injured party, are being made at the Loma Verde ranch.

649. The full text of the decision is available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_125_esp.pdf.

p. Peru

5 Pensioners Case

650. During 2006 the Commission reported on implementation of the reparations ordered by the Court in its judgment of February 28, 2003. It expressed concern over the lack of compliance and the State's failure to report to the Court.

651. On July 4, 2006, the Court addressed the unmet obligations in this case, namely: to conduct the proper investigations and punish those responsible for ignoring the judgments of Peruvian courts in response to legal actions filed by the victims; to pay the four victims and the widow of Mr. Maximiliano Gamarra Ferreira moral damages; and to pay the amount set for expenses and costs. The Court also ruled that the financial consequences resulting from the violation of the right to private property must be established in accordance with domestic law by the competent national agencies.

652. The full text of this resolution is available at: http://www.corteidh.or.cr/docs/supervisiones/Pensionistas_04_07_06.doc.

Acevedo Jaramillo et al. (SITRAMUN) Case

653. On June 25, 2003, the Commission filed with the Court an application in case 12084 against Peru, over its failure to comply with a series of judgments issued between 1996 and 2000 in favor of the employees of the Municipality of Lima who were illegally laid off or fired. Those decisions ordered their reinstatement and payment of compensation, bonuses, allowances and other benefits. The State had acknowledged to the Commission its responsibility for these violations of the rights of the employees who were members of the union (SITRAMUN) and were included in the proceedings. But in view of continued noncompliance with the judgments, the Commission decided to refer the case to the Court.

654. On February 7, 2006, the Court dismissed the two preliminary objections raised by the State, accepted the acknowledgment of international responsibility made by the State in the proceedings before the Commission and decided that Peru had violated, with regard to the persons covered by the judgments, the right to judicial protection under Article 25.1 and 25.2.c of the American Convention on Human Rights, in conjunction with the general obligation to respect and guarantee rights and liberties prescribed by Article 1.1.

655. The full text of the decision may be found at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_144_esp.doc.

Baldeón García Case

656. This case deals with the illegal and arbitrary detention, torture and extrajudicial execution of Mr. Bernabé Baldeón García at the hands of Peruvian army personnel on September 25, 1990.

657. On January 9, 2006, as required by the President of the Court in his resolution of December 13, 2005, the Commission and the representatives of the victim and his family presented their final written arguments.

658. On April 6, 2006, after reviewing the evidence supplied by the parties in the proceedings, their arguments and the State's partial acknowledgment of responsibility, the Court found violations of Articles 4, 5, 7, 8 and 25 of the American Convention, in conjunction with Article 1.1 thereof, as well as of Articles, 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture. In its decision the Court established the reparations deemed appropriate. The full text of the judgment is available at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_147_esp2.doc>.

Barrios Altos Case

659. This case addresses the extrajudicial execution of 15 persons on November 3, 1991, in the neighborhood known as "Barrios Altos" of Lima, Peru, and the subsequent denial of justice to their families because of the application of Law No. 26479 that granted a "general amnesty to military, police and civilian personnel in various cases" and Law No. 26492 that "clarifies... the interpretation and scope of the amnesty granted by Law No. 26479."

660. In its decision of March 14, 2001, the Court found that by approving and enacting the amnesty laws the State had violated Articles 4, 5, 8 and 25 of the American Convention and failed to comply with Articles 1 and 2 thereof. Amnesty laws No. 26479 and No. 26492, the Court held, are incompatible with the American Convention on Human Rights and consequently have no legal effect. It ordered a series of remedies, which include the obligation to investigate the events and find the perpetrators. The text of the judgment may be found at: <http://www.corteidh.or.cr/docs/casos/articulos/Seriec_75_esp.pdf>.

661. Subsequently, in a ruling on interpretation, the Court made it clear that in view of the nature of the violation that amnesty laws No. 26479 and No. 26492 represent, the judgment on the merits in the Barrios Altos case applies generally. The full text of this interpretation ruling may be found at: http://www.corteidh.or.cr/docs/casos/articulos/Seriec_83_esp.pdf.

662. During 2006 the Commission reported on compliance with the remedies ordered by the Court in its decisions of March 14 and November 30, 2001. The Commission voiced concern over the lack of compliance with some of the measures ordered.

663. On September 22, 2005, the Court decided to continue the supervisory procedure for the following unimplemented remedies and asked the State to report on: its duty to investigate the events and find the perpetrators of human rights violations mentioned in the judgment on the merits, as well as to make public the results of that investigation and the punishment of the perpetrators; the payment of certain amounts of compensation; the health benefits to be provided; the educational benefits to be provided; the progress made in arriving at the "most appropriate legal definition "of the crime of extrajudicial execution”; the remembrance monument to be built; and publishing in the "El Peruano" Official Gazette the full judgment on the merits rendered by the Court on March 14, 2001, and disseminating though other media the contents of the decision on reparations dated November 30, 2001.

Cantoral Benavides Case

664. This case deals with the illegal arrest of Mr. Luis Alberto Cantoral Benavides on February 6, 1993, followed by his arbitrary detention and imprisonment and cruel, inhuman and degrading treatment, and the violation of due process and freedom from ex post facto laws because of the same events.

665. The last Court resolution on compliance is dated September 22, 2005. Pending compliance by the State under that ruling are the obligations to: pay the interest on arrears; provide medical and psychological treatment to Mrs. Gladys Benavides López; give Luis Alberto Cantoral Benavides a higher-education or university scholarship at a recognized academic institution selected jointly by the State and the victim and covering the full cost of a professional degree chosen by the latter, as well as all living expenses over the course of his studies; and punish the violators of his rights.

666. During 2006 the State provided no information on compliance with the reparations ordered by the Court. The Court gave it a non-extendable deadline to do so: January 11, 2007.

667. The text of the decision on the merits may be found at: <http://www.corteidh.or.cr/docs/casos/articulos/Seriec_69_esp.pdf>.

Castillo Páez Case

668. This case is about the kidnapping and subsequent disappearance of Ernesto Rafael Castillo Páez at the hands of the Peruvian National Police on October 20, 1990, and the lack of investigation and punishment of the perpetrators.

669. The last Court resolution on compliance is dated November 17, 2004. Pending under that ruling are the State's obligations to investigate the events, identify and punish the perpetrators and locate the remains of the victim.

670. During 2006 the Commission presented observations on the reports by the State. It recognized the major efforts made by the State to ensure compliance with fundamental aspects of the judgment, but noted that it has yet to comply with its duty to return the mortal remains of the victim to his family, and that it would be appropriate for the Court to ask the State for certain information and urge it to take steps to identify the remains of the victim and return them to his family.

671. The text of the decision on the merits is available at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_34_esp.pdf>.

Castillo Petruzzi Case

672. The judgment ordering reparations in this case was rendered by the Court on May 30, 1999. In it, the Court ordered the State to invalidate the trial of the victims and ensure a new trial with full observance of due process and to take appropriate steps to amend Decree Laws No. 25475 and 25659 and guarantee the exercise of rights protected by the American Convention to all persons within its jurisdiction, without exception. The text of the decision on the merits may be found at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_52_esp.pdf.

673. During 2006 the Commission continued reporting on compliance and expressed concern over the victims' complaints that their new convictions are based on the same provisions of Decree Law 25475 that were ruled invalid by the Court. The Commission accordingly asked the Court to order the State to clarify this matter as well as the evidence admitted in the proceedings, the general guidelines that were followed to admit it and, in particular, the rules under which the testimony of a remorseful accomplice who turned State's evidence was admitted.

Cesti Hurtado Case

674. During 2006 the Commission reported on the information provided by the representatives of the victims and by the State regarding compliance with the reparations ordered by the Court in its judgment of May 31, 2001. The Commission noted various State obligations that remain unmet, the length of time that has gone by and the particular effort that the injured party has been forced to make in order to secure redress.

675. On September 22, 2006, the Court issued a resolution on the status of compliance with its judgment and ordered the State to take all necessary steps to effectively and promptly comply with the Court's orders that remain unimplemented, and present, by January 19, 2007, a detailed report on compliance, specifically on payment of interest due on the compensation for moral damages; the investigation of the events and punishment of the perpetrators; payment of the damages for material injury; and the annulment of the military trial and all effects resulting from it.

676. The full text of the resolution is available at: http://www.corteidh.or.cr/docs/supervisiones/cesti_22_09_06.doc.

De La Cruz Flores Case

677. During 2006 the Commission reported on the information provided by the representatives of the victim and by the State regarding compliance with reparations ordered by the Court in its judgment of November 18, 2004. The full text of the decision is available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_115_esp.pdf.

678. Still awaiting compliance by the State, the Commission notes, are its obligations to outlaw ex post facto laws and guarantee due process in the new trial of Mrs. María Teresa De La Cruz Flores; to provide medical and psychological care to the victim through government health services, including free medication; to reinstate the victim in the activities she performed as a professional physician in public institutions when she was arrested; to take the steps ordered within a year from notification of the judgment; to provide the victim with a scholarship enabling her to take the professional training and refresher courses of her choice, thereby making it possible for her to become current in her profession; to re-register her in the pension rolls retroactively to the date when she was excluded and guarantee her full enjoyment of retirement rights as they existed before she was arrested.

679. In its latest report the Commission noted that the State had reported only on monetary compensation and the publication of the judgment, but not on the rest of the reparations. The Commission highlighted the importance of receiving information on the remaining points.

Durand and Ugarte Case

680. This case deals with the mutiny that took place at the penitentiary known as "El Frontón" on June 19, 1986, and the failure to identify the dead bodies of Mr. Nolberto Durand Ugarte and Mr. Gabriel Pablo Ugarte Rivera, two of the inmates. The text of the decision on the merits is available at: <http://www.corteidh.or.cr/docs/casos/articulos/Seriec_68_esp.pdf>.

681. The last Court resolution on compliance is dated November 27, 2002. Still pending under it are the State's obligations to: provide health care, psychological support and interpersonal development and support for construction of a building; publish the Court's judgment of August 16, 2000, and publicize its contents through other media; include in the Supreme Resolution ordering publication of the agreement "a public request for pardon to the victims for the serious injuries caused"; investigate and punish the perpetrators and continue pressing forward the investigation by the 41st Criminal Prosecutor's Office of Lima into the killing of 30 persons, including Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera, taking specific steps to establish the location and identify the bodies of these two victims.

García Asto and Ramírez Rojas Case

682. In its judgment in this case, notified on December 15, 2005, the Court accepted the State's acknowledgement of facts preceding September 2000 and established the violations that had taken place. The full text of the judgment may be found at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_137_esp.pdf.

683. Because the one-year deadline for the State to provide information on compliance expired on December 15, 2006, the Commission is waiting for a report from the State before presenting its observations on this point.

Gómez Palomino Case

684. The judgment in this case was notified on December 15, 2005. In it, the Court accepted the State's acknowledgment of international responsibility and established the violations involved in the illegal and arbitrary detention and forced disappearance of the victim. The full text of the judgment is available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_136_esp.pdf.

685. Because the one-year deadline for the State to provide information on compliance expired on December 15, 2006, the Commission is waiting for a report from the State before presenting its observations on this point.

Gómez Paquiyauri Case

686. During 2006 the Commission reported on the information presented by the victims' representatives and the State on compliance with the reparations ordered by the Court in its decision of July 8, 2004. It pointed out the various State obligations that still need to be discharged to repair the consequences of the illegal detention, torture and extrajudicial execution of the victims.

687. On September 22, 2006, the Court issued a resolution on compliance and ordered the State to take all necessary measures to effectively and promptly implement the following obligations still outstanding: effectively investigate the events to identify, prosecute and punish all perpetrators of the violations against Rafael Samuel and Emilio Moisés Gómez Paquiyauri; officially bestow the names Rafael Samuel Gómez Paquiyauri and Emilio Moisés Gómez Paquiyauri on a school in the province of El Callao, in a public ceremony attended by the families of the victims; create a scholarship covering studies up to the university level in favor of Nora Emely Gómez Peralta and facilitate her vital-records registration as daughter of Rafael Samuel Gómez Paquiyauri. The Court also asked for a detailed report by January 19, 2007, on compliance. The full text of the resolution is available at: http://www.corteidh.or.cr/docs/supervisiones/gomez_22_09_06.doc.

Huilca Tecse Case

688. During 2006 the Commission presented observations on the State's report on compliance with the Court's judgment in this case. Under the Court's ruling on compliance, dated September 22, 2006, unimplemented reparations include the following: investigate, identify and punish the persons who carried out or ordered the execution of Pedro Huilca Tecse; establish a course on human rights and labor law named after Pedro Huilca; recall and honor, during the official May 1 (Labor Day) celebration, the work of Mr. Pedro Huilca Tecse; place a bust in his memory and provide care and psychological treatment to his family.

689. The text of the resolution may be found at: <http://www.corteidh.or.cr/docs/supervisiones/huilca_22_09_06.pdf>.

Ivcher Bronstein Case

690. During 2006 the Commission reported on compliance with the reparations ordered by the Court in its judgment of February 6, 2001, and its most recent ruling of September 21, 2005. Still pending under this last ruling are the State's duty to investigate the events that led to the violations established in the judgment; to facilitate the victim's efforts to recover the use and enjoyment of his rights as the largest shareholder in Compañía Latinoamericana de Radiodifusión S.A.; to pay compensation for moral damages and reimburse the costs and expenses of proceedings at home and abroad.

691. The Commission has voiced concern over the failure to fully implement the Court's judgment in this case more than five years after notification to the State. It also asked the Court for the following: concerning the obligation to facilitate Mr. Bronstein's recovery of the use and enjoyment of his rights as majority shareholder, which he was until August 1, 1997, to order the State to take specific steps to end actions preventing Mr. Bronstein's use and enjoyment of his rights as majority shareholder in Compañía Latinoamericana de Radiodifusión S.A.

Juárez Cruzatt et al. ("Centro Penal Miguel Castro Castro") [Miguel Castro
Castro Prison] Case

692. On February 12, 2006, Peru answered the application as prescribed by Article 38 of the Rules of the Court.

693. On May 24, 2006, the President of the Court called the parties to a public hearing on the merits, reparations and costs, which was held in San Salvador, El Salvador, on June 26 and 27, 2006, with the Commission, the representatives of the victims and their families and the State.

694. On August 3, 9 and 18, 2006, respectively, as ordered by the President of the Court on May 24, 2006, the Commission, the joint representative and the State submitted their final written arguments.

695. On September 26, 2006, having reviewed the evidence supplied by the parties during the proceedings and their arguments, the Court rendered its judgment and found violations of Articles 4, 5, 8 and 25 of the American Convention, in conjunction with Articles 1.1 thereof, Article 7.b of the Inter-American Convention to Prevent, Punish and Eradicate Violence against Women, and Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture. The Court ordered the reparations deemed appropriate. The full text of the judgment may be found at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_160_esp.doc>.

La Cantuta Case

696. On February 14, 2006, the Commission filed with the Court an application in case No. 11045, La Cantuta, involving the violation of the human rights of Professor Hugo Muñoz Sánchez and the students Bertila Lozano Torres, Dora Oyague Fierro, Luis Enrique Ortiz Perea, Armando Richard Amaro Cóndor, Robert Edgar Teodoro Espinoza, Heráclides Pablo Meza, Felipe Flores Chipana, Marcelino Rosales Cárdenas and Juan Gabriel Mariños Figueroa, as well as their families. The victims were abducted at the Enrique Guzmán y Valle National University - "La Cantuta," Lima, at dawn on July 18, 1992, by personnel of the Peruvian Army, who were responsible for their disappearance and the summary execution of some. The application was also prompted by the impunity that has surrounded this case.

697. On November 29, 2006, the Court decided the merits and remedies in this case. It accepted the State's partial acknowledgment of international responsibility and held that Peru had violated the right to life, humane treatment, judicial protection and fair trial, in conjunction with its general obligation to respect rights in its duty to enact domestic-law provisions, as established in the American Convention.

698. In its decision the Court prescribed the reparations deemed appropriate. The full text of the decision is available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_162_esp.doc.

Loayza Tamayo Case

699. During 2006 the State provided no information whatever on compliance with the judgment of November 27, 1998. Consequently, the Commission has been unable to periodically report on the degree of compliance with the Court's orders.

700. On September 22, 2006, the Court issued a resolution on compliance and kept open the proceedings in regard to the following outstanding obligations of the State: reinstating Mrs. María Elena Loayza Tamayo as a teacher in public institutions, on the understanding that her salary and other benefits must equal her remuneration on account of those activities in the public and private sector when she was arrested; guaranteeing her full right to retirement, including the time of her detention; taking all domestic-law measures to ensure that no adverse ruling issued in the civil trial she underwent will produce any legal effect whatever; taking the necessary domestic-law measures to ensure that Decrees Laws No. 25475 (Crime of Terrorism) and No. 25659 (Crime of Treason) are brought into conformity with the American Convention; and investigating the events of this case, identifying and punishing the perpetrators, and taking the necessary steps under domestic law to ensure compliance with this obligation.

701. In that same resolution the Court asked the State to present by January 20, 2007, an updated report on the status of compliance with these unmet obligations. The complete text of this ruling is available at: <http://www.corteidh.or.cr/docs/supervisiones/loayza_22_09_06.doc>.

Lori Berenson Case

702. During 2006 the Commission reported on the State's report on compliance with the Court's judgment in this case. The last resolution of the Court is dated September 22, 2006. Unimplemented orders include: bringing domestic law on terrorism into conformity with the standards of the American Convention; providing adequate and specialized medical care to the victim, including both medical and psychological care; bringing detention conditions at the Yanamayo Prison into line with international standards, transferring to other prisons inmates whose condition precludes imprisonment at that altitude, and reporting every six months to the Court. The resolution is available at: http://www.corteidh.or.cr/docs/supervisiones/lori_22_09_06.doc.

Neira Alegría Case

703. The Court's last resolution on compliance is dated November 28, 2002. State obligations still pending under it are to locate and identify the remains of the victims and deliver them to their families.

704. During 2006 the Commission periodically reported on compliance with the Court's orders. In its last document it noted that, in light of the State's statements concerning the decision to conduct DNA testing, it is appropriate to maintain the obligation to locate, identify and deliver the remains, which has been pending in this case since the judgment of September 19, 1996.

Constitutional Tribunal Case

705. In 2006 the State provided no information at all on compliance with the judgment of January 31, 2001. Consequently, the Commission has been unable to periodically report on the degree of compliance with the Court's orders.

706. On February 7, 2006, the Court issued a resolution on compliance and decided to keep open the procedure with respect to the State's outstanding obligations, namely: to investigate and determine who is responsible for violating the human rights of the victims and to punish them, and to determine and cancel, under the applicable domestic law most favorable to the victims and in line with due process of law, the interest generated during the period of unpaid salaries and other benefits of Manuel Aguirre Roca, Guillermo Rey Terry and Delia Revoredo Marsano. The full text of this resolution may be found at: <http://www.corteidh.or.cr/docs/supervisiones/tribunal_07_02_06.doc>.

Employees Dismissed from Congress Case

707. On February 4, 2005, the Commission filed with the Court an application in case 11.830, Employees Dismissed from Congress, over the dismissal from the Peruvian National Congress of a group of 257 employees, part of a group of 1117 employees dismissed by congressional resolutions on December 31, 1992.

708. On November 24, 2006, the Court ruled on preliminary objections, merits and reparations and found a violation of the right to judicial protection of the employees dismissed from Congress, in conjunction with the general obligation of the State to respect and guarantee rights and its duty to enact domestic-law provisions in conformity with the Convention.

709. In its decision the Court ordered the appropriate reparations. The full text of the decision is available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_158_esp.doc.

q. Dominican Republic

Dilcia Yean and Violeta Bosico Case

710. During 2006 the Commission reported on compliance with the reparations ordered by the Court in its judgment of September 8, 2005. It noted the State's assertion that it would implement the decision, stressed the imperative need to monitor its actual implementation and voiced the hope that this would happen as soon as possible. Nevertheless, it expressed concern regarding compliance and asked the Court to schedule a public hearing to learn what steps the State planned to take to comply with the reparations ordered by the Court in the face of actions by the executive, legislative and judicial branches of government that might stand in the way of compliance, as well as domestic-law reforms and proposals for reform and their compatibility with the Court's judgment.

711. On November 23, 2006, Court ruled on a request for interpretation of the judgment submitted by the State on January 5, 2006, and found it inadmissible. The full text of the ruling is available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_156_esp.doc.

r. Suriname

Moiwana Village Case

712. The decision ordering redress in this case was rendered by the Court on June 15, 2005. During 2006 the Commission periodically reported on compliance with the Court's orders.

713. The Commission brought this case to the Court because of a continual denial of justice following the massacre carried out by the Armed Forces of Suriname in 1986. The Court held that Surinam's deficient investigation of the attack of November 29, 1986, on the village of Moiwana, the violent obstruction of justice by the State and the long period that went by without investigating the events and punishing the perpetrators violated the standards of access to justice and due process established by the American Convention and violated its Articles 1.1, 5, 8, 21, 22 and 25.

Twelve Saramaka Clans Case

714. On June 23, 2006, the Commission filed with the Court an application in case 12338 against Suriname over its responsibility for the violation of Articles 21 (Right to Property) and 25 (Right to Judicial Protection) of the American Convention, in conjunction with Articles 1.1 and 2 thereof, to the detriment of the Saramaka people. The State, the Commission argues, did not take effective steps to recognize their right of communal property over the lands they occupied and used traditionally, and did not offer them access to justice to protect their fundamental rights.

715. The Court served notice of the case on September 5, 2006, setting deadlines of two months for the representatives of the victims to file their petitions, arguments and evidence, and four months for the State to answer the complaint.

716. On November 3, 2006, the representatives of the victims filed a brief with petitions, arguments and evidence, as provided in Article 36 of the Rules of the Court.

s. Trinidad and Tobago

Hilaire, Constatine and Benjamin et al. Case

717. During 2006 the Court advised the Commission that the State had submitted no reports on implementation.

Winston Caesar Case

718. During 2006 the Commission reported periodically on compliance with the orders issued by the Court in its judgment of March 11, 2005, on the merits, reparations and costs.

t. Venezuela

El Amparo Case

719. On July 4, 2006, the Court issued a resolution on compliance with its judgment, deciding: that the State had fully paid the interest on arrears in this case; that, if after 10 years the families of Mr. Julio Pastor Ceballos do not claim the amounts deposited in their name at a financial institution, the amounts will be returned to the State along with the interest earned; and that the obligation still outstanding in this case is to continue investigating the events and punish the perpetrators. The text of this resolution is available at: http://www.corteidh.or.cr/docs/supervisiones/amparo_04_07_06.doc.

720. Further reporting from the State is pending.

Caracazo Case

721. On February 17, 2006, the Commission reported on compliance with the measures ordered by the Court in its judgment. It indicated that the State had not complied with the operative items on investigating and identifying the perpetrators; locating, exhuming and identifying the mortal remains; paying the cost of burial of mortal remains that have been identified; and taking all necessary steps to avoid a repetition of the events in this case. The Commission also noted that the State had fully paid the costs and expenses to the representatives.

The Disappeared of Vargas (Blanco Romero, Hernández Paz and Rivas Fernández) Case

722. As described in the 2005 Annual Report, on November 28, 2005, the Court rendered a judgment in which, following the State's acknowledgment of responsibility, it found violations of the victims' rights to life, humane treatment, personal liberty, a fair trial and judicial protection protected, respectively, by Articles 4, 5, 7, 8 and 25 of the Convention, in conjunction with Articles 1.1 and 2 thereof, as well as a breach of the State obligations under Articles 1, 5, 6, 7 and 8 of the Inter-American Convention to Prevent and Punish Torture, and Articles I.a and I.b, X and XI of the Inter-American Convention on Forced Disappearance of Persons. The Court also found a violation of the victims' families' rights to humane treatment, a fair trial and judicial protection under Articles 5, 8 and 25 of the American Convention, in conjunction with Article 1.1 thereof; and noncompliance, in regard to those families, with the obligation in Article 8 of the Inter-American Convention to Prevent and Punish Torture. Lastly, the Court ordered the appropriate reparations.

723. The time frame has not yet expired for the Commission to present observations on the State's report on compliance with the judgment.

Montero Aranguren et al. (Retén de Catia) Case

724. The Court continued to hear this case in 2006. On April 4, 2006, in the city of Buenos Aires, Argentina, a public hearing was held in which the State acknowledged its international responsibility for the events and accepted the claims put forward by the Commission and the representatives of the victims. On July 5, 2006, the Court rendered its judgment. Noting that the State's recognition was a positive contribution to the proceedings, it addressed the use of force by State security agents and prison conditions at Retén de Catia.

725. These considerations and the full acknowledgment of responsibility by the State led the Court to conclude that Venezuela had violated Articles 2, 4.1, 5.1, 5.2, 5.4, 8 and 25 of the American Convention, all in conjunction with Article 1.1, to the detriment of the 37 victims in the case, as well as Article 5.1 in regard to their families. In the same decision the Court established the reparations for material and moral damages, compensation measures and safeguards against repetition of the events, as well as payment of costs and expenses. The full text of the judgment may be found at: <http://www.corteidh.or.cr/docs/casos/articulos/seriec_150_esp2.doc>.

726. Information from the State is pending.

Ruggeri Cova et al. (First Administrative Litigation Court) Case

727. On November 29, 2006, the Commission filed with the Court an application against Venezuela in case 12.489, Ana María Ruggeri Cova, Perkins Rocha Contreras and Juan Carlos Apitz Barbera, because of their removal as judges of the First Administrative Litigation Court on October 30, 2003, without observing the safeguards of independence and impartiality, without sufficient reason for the "inexcusable judicial error" they were said to have committed, and without effective judicial response to the legal action they filed challenging their removal.

728. Notice of the case was served on December 22, 2006, and the time frame for the victims to file their brief of petitions, arguments and evidence was pending.

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