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E. Petitions and cases before the Inter-American Court of Human Rights
1. Provisional measures
642. Article 63(2) of the American Convention on Human Rights provides that in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission.
643. Below is a summary of the 47 provisional measures in force during the period covered by this report, arranged by country. The number of measures sought from the States is not the same as the number of persons protected by those measures.
a. Argentina
Millacura Llaipén et al.
644. On June 20, 2006, the Commission requested the Inter-American Court for provisional measures designed to have the State protect the lives and physical integrity of María Leontina Millacura Llaipén, her children Marcos and Valeria Torres, her son-in-law Juan Pablo Caba, Gerardo Colín, Patricio Oliva, Tamara Bolívar, Walter Mansilla, Silvia de los Santos, Verónica Heredia, Miguel Ángel Sánchez, and Viviana and Sonia Hayes. Mrs. Millacura Llaipén is a petitioner before the Commission and, in connection with the incidents reported in her petition and with her quest for justice, she, her family, and her lawyers have been subjected to intimidation and attacks.
645. In an order dated June 21, 2006, the President of the Court instructed the State, inter alia, to immediately take all steps necessary to protect the right to life and physical integrity of the beneficiaries identified by the Commission. On that same occasion, the President of the Court also summoned the parties to a public hearing on the matter, which was held on July 6, 2006, and was attended by the Commission, the beneficiaries’ representatives, and the State. That same day, the Court issued an order fully confirming the terms of the President’s resolution. Over the course of the year, the Commission presented information and observations on these provisional measures, as ordered by the Court. The full text of this resolution may be found at http://www.corteidh.or.cr/docs/medidas/millacura_se_01.doc.
Prisons in Mendoza
646. During 2007, the Commission presented information and observations related to the provisional measures ordered by the Court on November 22, 2004, the primary purpose of which is to protect the lives and physical integrity of all inmates at the Provincial Penitentiary of Mendoza and the Gustavo André facility in Lavalle, as well as all persons within those facilities.
647. On November 27, 2007, the Court issued an order rejecting a request for the provisional measures to be expanded to protect the lives and physical integrity of inmates at the new Almafuerte prison in Campo Cacheuta, Mendoza, that had been made by the beneficiaries’ representatives at the start of the year. The full text of that order can be seen at: http://www.corteidh.or.cr/docs/medidas/penitenciariamendoza_se_05.doc.
b. Barbados
Boyce and Joseph
648. These measures were ordered by the Court at the request of the Commission in order to stay the execution of death penalties imposed by the courts of Barbados on Lennox Boyce, Jeffrey Joseph, Frederick Atkins, and Michael Huggins, until such time as the organs of the Inter-American System rule on their allegations of violations of the American Convention.
649. The measures remained in force while the case was being argued before the Inter-American Court of Human Rights. On November 20, 2007, the Court rendered its judgment in the related case (see “Contentious Cases,” below) and, deeming that their purpose had been served, ordered that the provisional measures be lifted. The Court took into account the fact that Mr. Atkins had died in 2005, that the death sentences handed down to Messrs. Boyce and Joseph had been commuted to life terms in prison, and that the Court’s judgment ordered that Mr. Huggins sentence be formally commuted within the following six months.
c. Brazil
Urso Branco Prison
650. During 2007 the Commission presented information and observations on the provisional measures ordered on June 18, 2002, in favor of inmates at the José Mario Alves Detention Center – known as the “Urso Branco Prison” – to “prevent further deaths of inmates” at that facility.
651. In particular, the Commission insisted on the need to hold a public hearing on this matter, enabling the parties to present arguments or information with respect to the hitherto deficient implementation of the measures.
Febem’s Tatuapé Complex
652. During 2007, the Commission filed regular observations on the State’s reports concerning these measures, which were ordered by the Court at the Commission’s request in order to protect the lives and physical integrity of all the children and adolescents at FEBEM’s Tatuapé Complex, as well as all persons within that facility as of November 17, 2005.
653. On July 3, 2007, the Court adopted an order confirming the State’s obligations in regard to those provisional measures, with the exception of the obligation of conducting an investigation, deeming that to be a matter better addressed through a possible future contentious procedure.
654. The order in question may be consulted at: http://www.corteidh.or.cr/docs/medidas/febem_se_04.doc.
Araraquara Penitentiary
655. During 2007, the Commission regularly submitted to the Court its observations on the Brazilian State’s reports concerning these measures, which were ordered by the Court at the Commission’s request in order to protect the lives and physical integrity of the persons in whose benefit the adoption of protective measures was ordered on July 28, 2006, while they were being held at the Araraquara Penitentiary. The text of the corresponding order can be found at: http://www.corteidh.or.cr/docs/medidas/araraquara_se_031.pdf.
d. Colombia
19 Merchants
656. During 2007, the Commission periodically submitted comments on the State’s reports concerning these measures, which were ordered by the Court at the request of the Commission to protect the life and physical integrity of Mrs. Sandra Belinda Montero (a relative of two victims in the case; see “Contentious Cases,” below) and her family on September 3, 2004.
657.
On February 6, 2007, the President of the Court issued an urgent
measures order reiterating to the State the need for implementing,
maintaining, and expanding the protective measures first ordered in
2004. On May 12, 2007, the Court confirmed the President’s decision and
ordered the Colombian State to maintain the measures ordered on behalf
of Mrs. Montero and her family and on behalf of Messrs. Salomón Flórez
Contreras and Luis José Pundor Quintero, Mrs. Ana Diva Quintero Quintero
de Pundor, and their families. The Court also ordered the State to
immediately adopt the measures necessary to protect the right to life
and physical integrity of Wilmar Rodríguez Quintero and Yimmy Efraín
Rodríguez Quintero, together with their families. The corresponding
orders can be seen at: http://www.corteidh.or.cr/docs/medidas/comerciantes_se_04.doc
Álvarez et al.
658. During 2007, the Commission periodically presented the Court with its comments on the Colombian State’s reports concerning these measures, which were first ordered by the Court at the Commission’s request on July 22, 1997, to protect the physical integrity of the members of the Association of Relatives of Detainees and Disappeared Persons of Colombia.
659.
On December 18, 2007, the Court called for a public hearing to receive
up-to-date information from the parties about the implementation of the
measures, to be held in the city of San José, Costa Rica, on February 4,
2008, and to be attended by the Commission, the beneficiaries’
representatives, and the Colombian State. Caballero Delgado and Santana
660. During 2007, the Commission periodically presented the Court with its comments on the Colombian State’s reports about these measures, which were ordered by the Court at the request of the Commission on December 7, 1994, to protect the physical integrity of certain witnesses who testified about the responsibility of State agents during the adversarial proceedings in this case before the Court (see below).
661. According to the Court’s most recent order of July 4, 2006, the Colombian State must adopt and maintain the measures necessary to protect the lives and physical integrity of María Nodelia Parra and Gonzalo Arias Alturo. The text of that order can be seen at: http://www.corteidh.or.cr/docs/medidas/caballero_se_06.doc.
662. On December 10, 2007, the Court convened a hearing to receive updated information from the parties on the process of implementing these measures. The hearing will be held in San José, Costa Rica, on February 4, 2008, and attended by the Commission, the representatives of the beneficiaries, and the Colombian State.
San José de Apartadó Peace Community
663. These measures were ordered by the President of the Court, at the Commission’s request, on October 9, 2000, to protect the physical integrity of the members of the San José de Apartadó Peace Community and other persons providing it services. During 2007, the Commission presented the Court with its comments on the reports of the Colombian State and of the beneficiaries’ representative regarding the measures.
664. On December 17, 2007, the President of the Court issued an order resolving to convene a public hearing on this matter, to be held on February 4, 2008, at the Court’s headquarters.
Community Councils of Jiguamiandó and Curbaradó
665. The Court ordered these measures on March 6, 2003, at the Commission’s request, to protect the right to life and the right to remain in their territory of members of the Community Council of Jiguamiandó and the Curbaradó families. During 2007, the Commission presented the Court with periodical comments on the reports submitted by the Colombian State and by the beneficiaries’ representatives.
666. On December 17, 2007, the President of the Court issued an order resolving to convene a public hearing on this matter, to be held on February 5, 2008, at the Court’s headquarters.
Giraldo Cardona
667. The measures in the case of Giraldo Cardona were ordered by the Court at the request of the Commission on October 28, 1996. They are intended to protect the life, physical integrity, and continuity of the work of members of the Civic Committee for Human Rights of the Department of Meta, who had been threatened, harassed, and persecuted. On November 29, 2006, the Court issued an order reiterating the currency of the provisional measures extended to the beneficiaries. That order may be found at: http://www.corteidh.or.cr/docs/medidas/giraldo_se_09.doc.
668. During 2007, the Commission periodically submitted comments on the State’s reports concerning these measures.
Gutiérrez Soler
669. During 2007, the Commission periodically submitted comments on the State’s reports concerning the measures ordered by the Court on March 11, 2005. These measures are intended to: (a) protect the lives, physical integrity, and personal liberty of Mr. Ricardo Gutiérrez Soler and his family (namely: his mother, Mrs. María Elena Soler de Gutiérrez; his children, Luisa Fernanda Gutiérrez Reyes, Paula Camila Gutiérrez Reyes, Leonardo Gutiérrez Rubiano, Leydi Caterin Gutiérrez Peña, Sulma Tatiana Gutiérrez Rubiano, Ricardo Alberto Gutiérrez Rubiano, and Carlos Andrés Gutiérrez Rubiano; and Mrs. Yaqueline Reyes); and (b) to protect the lives, physical integrity, and personal liberty of Mr. Wilson Gutiérrez Soler and his son Kevin Daniel Gutiérrez Niño, should they return to Colombia. See “Contentious Cases,” below.
670. On November 27, 2007, the Inter-American Court issued an order requiring that these provisional measures be upheld and confirming the State’s obligations in that regard. The full text of that order can be found at: http://www.corteidh.or.cr/docs/medidas/gutierrez_se_02.doc.
Mapiripán Massacre
671. During 2007, the Commission periodically submitted comments on the State’s reports concerning the measures that were originally ordered by the President of the Court on February 4, 2005, in order for the State to adopt the measures necessary to protect the lives and physical integrity of Carmen Johana Jaramillo Giraldo, Esther Pinzón López, Sara Paola Pinzón López, María Teresa Pinzón López, Yur Mary Herrera Contreras, Zully Herrera Contreras, Maryuri Caicedo Contreras, Nadia Marina Valencia Sanmiguel, Yinda Adriana Valencia Sanmiguel, Johana Marina Valencia Sanmiguel, Gustavo Caicedo Contreras, Rusbel Asdrúbal Martínez Contreras, Roland Andrés Valencia Sanmiguel, Ronald Mayiber Valencia Sanmiguel, Luis Guillermo Pérez, Nory Giraldo de Jaramillo, Marina San Miguel Duarte, Viviana Barrera Cruz, Luz Mery Pinzón López, and Mariela Contreras Cruz. See “Contentious Cases,” below.
Mery Naranjo et al.
672. By means of an order dated July 5, 2006, the Court ordered the State, inter alia, to adopt the measures necessary to protect the right to life and physical integrity of Mery Naranjo Jiménez and her family and to investigate the acts perpetrated against her and Mrs. María del Socorro Mosquera Londoño. Mrs. Naranjo and Mrs. Mosquera are human rights defenders and community leaders in the city of Medellín. Because of their work, they have been subjected to intimidation and attacks by State agents and civilians identified with paramilitary groups. Over the course of 2007, the Commission presented information and observations on these provisional measures, as ordered by the Court.
Kankuamo Indigenous People
673. During 2007, the Commission periodically presented comments on the State’s reports concerning the measures ordered on July 5, 2004, in favor of the members of the Kankuamo indigenous people, in order to protect their life, physical integrity, cultural identity, and special connection to their ancestral lands.
674. On January 26, 2007, the Court held a hearing at which it heard the parties’ claims about the implementation of the provisional measures ordered in this case. On January 30, 2007, the Court issued an order reiterating the currency of the provisional measures extended to the beneficiaries. The Commission subsequently presented the Court with its comments on the reports lodged by the Colombian State and by the beneficiaries’ representatives. The text of the corresponding order may be found at: http://www.corteidh.or.cr/medidas.cfm.
e. Ecuador
Sarayaku Indigenous Community
675. During 2007, the Commission submitted comments on the State’s reports concerning the measures ordered by the Court on June 6, 2004, on behalf of the members of the Kichwa people of Sarayaku, intended to protect their lives and physical integrity, their right to freedom of movement, and their special connection to their ancestral lands. Specifically, the Commission stated in its comments that the situation that justified the adoption of the provisional measures still exists, particularly as regards the need to withdraw explosive materials from the indigenous people’s lands.
676. The measures were confirmed on June 17, 2005, following a public hearing held with the parties on May 11, 2005, in Asunción, Paraguay. The relevant orders can be found at: http://www.corteidh.or.cr/docs/medidas/sarayaku_se_02.doc and http://www.corteidh.or.cr/docs/medidas/sarayaku_se_01.doc.
f. El Salvador
Gloria Giralt de García Prieto et al.
677. During 2007, the Commission periodically presented the Court with comments on the Salvadoran State’s reports concerning the measures ordered by the Court, at the Commission’s request, on September 26, 2006, to protect the lives and physical integrity of certain relatives of Mr. Ramón Mauricio García Prieto Giralt and of some of his legal advisors and members of the Human Rights Institute of the Central American University. These measures have to do with a case litigated at the Court and decided by it by judgment of November 20, 2007 (see “Contentious Cases,” below). The text of the provisional measures in question may be seen at: http://www.corteidh.or.cr/docs/medidas/giralt_se_01.doc.
Major Meléndez Quijano et al.
678. On March 21, 2007, the Commission asked the Inter-American Court to adopt provisional measures whereby the Republic of El Salvador would protect the lives and physical integrity of Major Adrián Meléndez Quijano, his family, and their legal representatives. The Court ordered the measures on May 12, 2007. The text of the provisional measures in question may be seen at: http://www.corteidh.or.cr/docs/medidas/melendez_se_02.pdf.
679.
In its comments to the Court, the Commission has noted that the State is
extending protective measures to the legal representatives of Maj.
Meléndez and his family, and it took note of the steps taken to put
protective measures in place on behalf of the latter. However, the
Commission maintains that the State must proceed to implement concrete
protective measures on behalf of Maj. Meléndez and the members of his
family in accordance with the Court’s order, which to date has not taken
place.
g. Guatemala
Bámaca Velásquez
680. During 2007, the Commission submitted information and comments regarding the provisional measures originally ordered on June 30, 1998, and intended to protect the lives and physical integrity of the following individuals: Santiago Cabrera López, Alfonso Cabrera Viagres, María Victoria López, Blanca Cabrera, Carmenlinda Cabrera, Teresa Aguilar Cabrera, Olga Maldonado, Carlos Alfonso Cabrera, José León Bámaca Hernández, Egidia Gebia Bámaca Velásquez, Josefina Bámaca Velásquez, Alberta Velásquez, Rudy López Velásquez, and other members of the Bámaca Velásquez family who are permanent residents of Guatemala; Emerita Mendoza, Wendy Pérez Álvarez, Sulni Madeli Pérez Álvarez, José Oswaldo Pérez Álvarez, Jacobo Álvarez, José Pioquinto Álvarez, Alez Javier Álvarez, Germán Aníbal de la Roca Mendoza, Kevin Otoniel de la Roca Mendoza, Blanca Noelia Meléndez, Aron Álvarez Mendoza and his family, and other members of the Mr. Otoniel de la Roca Mendoza’s family who are permanent residents of Guatemala, under the terms of the Court’s most recent order, issued on March 11, 2005, confirming that the measures remain in effect. See “Contentious Cases,” below.
Carpio Nicolle
681. During 2007, the Commission submitted information and comments regarding these provisional measures, which were ordered on July 4, 1995, in order to, inter alia, protect the lives and physical integrity of Mrs. Martha Arrivillaga de Carpio and Mrs. Karen Fischer and of Messrs. Jorge and Rodrigo Carpio Arrivillaga, Abraham Méndez García and his wife and children, and of the adolescents Rodrigo and Daniela Carpio Fischer, should they return to Guatemala. See “Contentious Cases,” below.
Colotenango
682. During their currency, the Commission periodically submitted comments on the State’s reports concerning these provisional measures, which were adopted on June 22, 1994, to protect the lives and physical integrity of witnesses in the Colotenango Case, who were at risk as a result of the escape of several former civilian patrol members.
683. In an order dated July 12, 2007, the Court resolved to lift the measures ordered on behalf of the beneficiaries, while clarifying that the lifting did not mean that the State had fully met its obligations under the Convention specified in the Inter-American Commission’s Report No. 19-97, or that the State was released from its obligation of pursuing its domestic investigations to identify and, when appropriate, punish the guilty. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/colotenango_se_13.doc.
Guatemalan Forensic Anthropology Foundation
684. On July 4, 2006, at the Commission’s request, the Court ordered provisional measures to protect the lives and physical integrity of the members of the Guatemalan Forensic Anthropology Foundation and of the family of its Executive Director, Mr. Fredy Armando Peccerelli Monterroso. Subsequently, the Commission submitted comments on the information presented. The text of the order of July 4 can be seen at: http://www.corteidh.or.cr/docs/medidas/antropo_se_02.doc.
685. On August 21, 2007, at the request of the beneficiary Fernando Arturo López Antillón, the President of the Court resolved to lift the provisional measures extended on his behalf; the text of the corresponding order may be found at: http://www.corteidh.or.cr/docs/medidas/antropo_se_03.doc.
686. During 2007, the Commission periodically submitted comments on the State’s reports concerning these measures.
Helen Mack et al.
687. During 2007, the Commission periodically submitted comments regarding the State’s reports on the provisional measures ordered on August 26, 2002, to protect the lives and physical integrity of the family of Mrs. Myrna Mack Chang and the members of the Myrna Mack Foundation, of Mrs. Iduvina Hernández, Mr. Jorge Guillermo Lemus Alvarado, and their families. See “Contentious Cases,” below.
Plan de Sánchez Massacre (Community Studies and Psychosocial Action Team “ECAP”)
688. During 2007, the Commission presented its comments on the State’s reports concerning these measures, which are related to the petition lodged on October 15, 2006, by the Human Rights Legal Action Center, asking the Court to adopt provisional measures to ensure Guatemala’s protection of the lives and physical integrity of the members of the NGO “Community Studies and Psychosocial Action Team” (ECAP) working to support the process of providing redress for the victims and survivors in the Plan de Sánchez Massacre Case (see “Contentious Cases,” below). On November 25, 2006, the Court issued an order fully upholding the President of the Court’s order of October 20, 2006, that granted the requested measures. The text of the orders can be found at: http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_04.doc and http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_05.doc.
Raxcacó et al.
689. During 2007, the Commission continued periodically submitting its observations on the State’s reports concerning these measures, which were ordered on August 30, 2004, to protect the lives and physical integrity of Ronald Ernesto Raxcacó Reyes, Hugo Humberto Ruiz Fuentes, Bernardino Rodríguez Lara, and Pablo Arturo Ruiz Almonger, who were condemned to death by Guatemala in proceedings that violated the Convention, and in order to avoid hindering the processing of their cases by the Inter-American system.
690. On November 21, 2007, the Inter-American Court issued an order lifting the provisional measures with respect to Mr. Pablo Arturo Ruiz Almengor and confirming them as regards all other aspects. The full text of that order can be seen at: http://www.corteidh.or.cr/docs/medidas/Raxcaco_se_05.doc.
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