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IACHR ANNUAL REPORT 2008
C. Individual petitions and cases before the Inter-American Commission on Human Rights
1. Precautionary measures granted by the IACHR in 2008
9. Article 25 of the Commission’s Rules of Procedure establishes the mechanism for precautionary measures. The provision states that in serious and urgent cases, and wherever necessary according to the information available, the Commission may, on its own initiative or at the request of a party, request that the State concerned adopt precautionary measures to prevent irreparable harm to persons. If the Commission is not in session, the President or, in his absence, one of the Vice-Presidents shall consult with the other members, through the Executive Secretariat, on the application of this provision. If, because of the circumstances, it is not possible to consult within a reasonable period of time, the President or, as need be, one of the Vice-Presidents shall make the decision on behalf of the Commission and shall inform its members immediately. In accordance with the established procedure, the IACHR may request information from the interested parties concerning any matter related to the adoption and observance of the precautionary measures. In any event, the granting of such measures and their adoption by the State shall not constitute any prejudgment on the merits of the case.
10. The following is a summary of the precautionary measures granted in 2008, listed according to the member state concerned. It should be noted that the number of precautionary measures granted does not reflect the number of persons protected by their adoption; as will be seen below, many of the precautionary measures the Commission granted are for the purpose of protecting more than one person and, in some cases, groups of persons such as communities or indigenous peoples.
COLOMBIA
PM 113/07 Corporación para la Paz y el Desarrollo Social (CORPADES) [Corporation for Peace and Social Development]
11. On March 14, 2008, the IACHR granted precautionary measures for Fernando Quijano, Carlos Mario Arenas, Teresa Muñoz Lopera, Alberto Manzo Monsalve, Dillier Fernando Vásquez Rúa, Santiago Quijano, and Marín Alonso Velásquez, members of the Corporacion para la Paz y el Desarrollo Social (CORPADES). The request seeking precautionary measures alleges that the members of this organization are targets of threats and assaults, allegedly committed by illegal groups. The Commission asked the Colombian state to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the facts that necessitated the adoption of precautionary measures. The Commission continues to monitor the situation.
PM 141/08 Yolanda María Velásquez Osorio, her family, the Corporación Social, and the Asociación de Mujeres por la Equidad y el Género Semillas de Paz [Association of Women for Gender Equity, Seeds of Peace]
12. On June 19, 2008, the IACHR granted precautionary measures for Yolanda María Velásquez Osorio, her family, members of the Corporación Social and members of the Asociación de Mujeres por la Equidad y el Género Semillas de Paz [Association of Women for Gender Equity, Seeds of Peace]. The request seeking precautionary measures alleges that Mrs. Velásquez Osorio was the victim of death threats and kidnapping attempts and that members of the “Semillas de Paz” organization had been victims of violence, harassment and threats. The Commission asked the Colombian State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the facts that prompted the adoption of precautionary measures. The Commission continues to monitor the situation.
PM 228/07 Rafael Marulanda López and other members of the Red de Apoyo en Derechos Humanos y Defensoría Social
13. On September 4, 2008, the IACHR granted precautionary measures for Rafael Marulanda López, Diego Fernando Meneses García and Jairo Ortega Osorio, members of the Red de Apoyo en Derechos Humanos y Defensoría Social [Human Rights Support Network and People’s Ombudsman’s Office] in Colombia. The request seeking precautionary measures alleges that the members of this organization had received death threats and that on July 16, 2008, the lifeless body of Guillermo Rivera was found, showing signs of torture. Mr. Rivera had been an advisor to the organized labor groups on whose behalf the Red de Apoyo. The Commission requested that the Colombian state adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries of the provisional measures, and report the measures taken to conduct a judicial inquiry into the events that warrant enforcement of precautionary measures. The Commission continues to monitor the situation.
PM 117/08 Hugo Antonio Combariza Rodríguez
14. On September 24, 2008, the IACHR granted precautionary measures on behalf of Hugo Antonio Combariza Rodríguez. The request seeking precautionary measures alleges, inter alia, that Mr. Combariza Rodríguez had received threats because of his representation of victims of the armed conflict in proceedings being conducted under the Justice and Peace Law in the city of Cúcuta and that he was shot on April 25, 2008. On May 28, 2008, the Commission requested the State to provide information on the situation in question. After examining the information supplied by both parties, the Commission decided to grant precautionary measures in which it asks the Colombian state to adopt the measures needed to guarantee the life and physical integrity of the beneficiary and to report the measures taken to conduct a judicial inquiry into the events that prompted the adoption of precautionary measures. The Commission continues to monitor the situation.
PM 269/07 Iván Velásquez Gómez
15. On December 22, 2008, the IACHR granted precautionary measures on behalf of an Auxiliary Justice in the Criminal Chamber of the Colombian Supreme Court, Iván Velásquez Gómez, who was serving as coordinator of an “Investigative Support Commission” to establish the possible links between members of Colombia’s National Congress and paramilitary organizations. The request seeking precautionary measures states, inter alia, that state agents were alleged to be targeting Justice Velásquez, who was allegedly being threatened because of his role in the so-called “parapolitics” trials, and that the protective measures previously established for him were not sufficient. On February 22, 2008, the IACHR instituted the process of requesting information from the State concerning the degree of the threat facing Justice Iván Velásquez and the security measures arranged for him. After examining the information supplied by the parties on the circumstances under which Auxiliary Supreme Court Justice Iván Velásquez Gómez must perform his functions, the Commission decided to grant precautionary measures and asked the State to guarantee the life and physical integrity of Iván Velásquez Gómez, to arrange, jointly with the beneficiary and the petitioners, the measures to be taken, and to report the steps intended to remove the threat factors that warrant enforcement of precautionary measures. The Commission continues to monitor the situation.
PM 93/08 María del Rosario González de Lemos
16. On December 22, 2008, the IACHR granted precautionary measures for an Auxiliary Justice in the Criminal Chamber of Colombia’s Supreme Court, María del Rosario González de Lemos, who has actively participated in the prosecution of members of the Colombian National Congress accused of having ties to paramilitary organizations. The request seeking precautionary measures states, inter alia, that Justice González de Lemos was being threatened because of her role in the so-called “parapolitics” trials and that the previously established protective measures were allegedly inadequate. On May 19, 2008, the IACHR instituted the process of requesting information from the State on the threat level in the case of Justice María del Rosario González de Lemos and the security arranged for her. After examining the information supplied by both parties on the circumstances under which Justice María del Rosario González de Lemos must perform her functions, the Commission decided to grant the request for precautionary measures and accordingly asked the State to guarantee the justice’s life and physical integrity, to arrange with her and the petitioners the measures to be adopted, and to report to the Commission on the measures intended to eliminate the risk factors that warrant enforcement of the precautionary measures. The Commission continues to monitor the situation.
CUBA
PM 320/08 Yordis García Fournier
17.
On December 5, 2008, the IACHR granted the
request seeking precautionary measures for young Yordis García
Fournier. The Commission’s decision was based on a request for
precautionary measures in which it was alleged that Mr. Yordis García
Fournier had been subjected to mistreatment in the Combinado de
Guantánamo prison, where he was allegedly being held in a punishment
cell with no clothes and in very bad health. Given the particulars of
this case, the IACHR asked the Cuban state to adopt the measures
necessary to guarantee the life and physical integrity of Yordis García
Fournier, to provide him proper medical attention in keeping with the
international standards for the treatment of persons deprived of their
liberty and to inform the Commission of the measures taken to implement
the precautionary measures. The State has not responded to the
precautionary measures’ request. DOMINICAN REPUBLIC
PM 195-08 Emildo Bueno et al.
18. On July 31, 2008, the IACHR granted the request for precautionary measures on behalf of Emildo Bueno Orguís, Dielal Bueno, Minoscal De Olis Oguiza, Gyselle Baret Reyes and Demerson De Olis Baret. The request seeking precautionary measures alleges that these individuals, born in the Dominican Republic of parents of Haitian origin, have been threatened and have been the targets of acts of violence, presumably in retaliation for the legal actions brought to obtain papers identifying them as Dominican citizens. The Commission asked the Dominican Republic to take the measures necessary to protect the lives and physical integrity of the beneficiaries and to report what measures are being taken to conduct a judicial inquiry into the facts that prompted the adoption of precautionary measures. The Commission continues to monitor the situation.
GUATEMALA
PC 61/08 Alberto López Pérez, Víctor Manuel Gómez Mendoza and their families
19. On April 3, 2008, the IACHR granted the request for precautionary measures for Messrs. Alberto López Pérez, Víctor Manuel Gómez Mendoza and their respective families. The request seeking precautionary measures alleges that Messrs. López Pérez and Gómez Mendoza had been the targets of threats, acts of intimidation and attacks as a result of their union activities. The Commission requested that the State of Guatemala adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and their families, and report on the measures adopted to conduct a judicial inquiry into the events that prompted the adoption of precautionary measures. The Commission continues to monitor the situation.
PM 148/08 JRP and family
20. On July 16, 2008, the Commission granted the request for precautionary measures for Mr. JRP and five members of his family, several of whom are children whose identity will remain confidential. The request seeking precautionary measures alleges, inter alia, that Mr. JRP and his family had received death threats because he brought a case alleging corruption of minors and coercion involving conduct affecting his daughter, a minor. The Commission asked the Guatemalan state to take the measures necessary to preserve the life and physical integrity of the beneficiaries. The Commission continues to monitor the situation.
PM 295/08 José Pelicó Pérez and his family
21.
On November 3, 2008, the IACHR granted the request for precautionary
measures on behalf of Mr. José Pelicó Pérez and his family. The request
seeking precautionary measures alleges that the beneficiaries have been
receiving threats and have been followed since April 2008, presumably
because of Mr. Pelicó Pérez’ work as an investigative journalist with
the Centro de Reportes Informativos sobre Guatemala (CERIGUA)
[Center of News Reports on Guatemala]. The request states further that
on October 5, 2008, Mr. Pelicó’s wife and son had been threatened with a
firearm. Given the situation, the IACHR asked the Guatemalan state to
take the measures necessary to preserve the life and physical integrity
of the beneficiaries and to report the measures taken to conduct a
judicial inquiry into the events that warranted the adoption of
precautionary measures. The Commission continues to monitor the
situation. GUYANA
PM 254/07 AW
22. On February 12, 2008, the IACHR granted the request for precautionary measures for the child AW, whose identity will be kept confidential because of her age. The request seeking precautionary measures alleges, inter alia, that in 2002 a family member had handed the beneficiary over to an orphanage; even though members of the child’s biological family tried to adopt her, she was put up for adoption and given to another couple in 2004. The request alleges that the beneficiary is being abused in her adoptive home. The Commission asked the Guyana State to immediately check the beneficiary’s situation, report to the Commission and adopt measures to protect the life and physical integrity of the beneficiary. The Commission continues to monitor the situation.
HAITI
PM 181/07 Lovinsky Pierre-Antoine
23. On February 28, 2008, the IACHR granted a request seeking precautionary measures for human rights defender Lovinsky Pierre-Antoine. The request alleges that on August 12, 2007, Mr. Lovinsky Pierre-Antoine was stopped as he was returning from a meeting with a foreign delegation conducting an investigation in Haiti. Since then, his whereabouts are unknown. On September 21, 2007, the Commission requested information from the State concerning the situation of Mr. Lovinsky Pierre-Antoine and repeated its request on December 31, 2007. In view of the situation and since the deadlines for submitting the requested information had passed, the Commission decided to grant the requested precautionary measures and asked the Haitian state to take the measures necessary to establish Lovinsky Pierre-Antoine’s whereabouts, guarantee his life and physical integrity, and report the measures taken to conduct a judicial inquiry into the facts that prompted the adoption of precautionary measures. The Commission continues to monitor the situation.
PM 144/08 Detainees at Toussaint Louverture Police Station in Gonaïves
24. On June 16, 2008, the IACHR granted precautionary measures for the persons being held at the Toussaint Louverture Police Station in Gonaïves. The request seeking precautionary measures alleges, inter alia, that twelve minors in custody were co-mingled with the adult population and persons carrying HIV. The Commission asked the Haitian state to take the measures necessary to protect the lives and physical integrity of all persons deprived of their liberty in the Toussaint Louverture Police Station, to provide them with food, medical care and proper sanitation, and to transfer children deprived of their liberty to suitable detention facilities. The Commission continues to monitor the situation.
HONDURAS
PM 210/08 Marlon Cardoza and other members of the CEPRES Association
25. On August 27, 2008, the IACHR granted a request for precautionary measures for Marlon Cardoza, Dennis Castillo and Josué Hernández Cardona, members of the Asociación Centro de Educación y Prevención en Salud, Sexualidad y Sida (CEPRES) [Center for Education in Health, Sexuality and AIDS Prevention Association]. The request for precautionary measures alleged that Messrs. Cardoza, Castillo and Hernández Cardona were the targets of threats and harassment. It also alleged that on June 10, 2008, Martín Girón, a founding member of the organization, was murdered. It also asserted that during that year, 27 persons from Honduras’ lesbian, gay, bisexual and transgender community had been murdered. The Commission asked the Honduran state to guarantee the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the events that warrant enforcement of precautionary measures. The Commission continues to monitor the situation.
PM 135/07 Public Prosecutor Luis Javier Santos and his children
26. On October 14, 2008, the IACHR granted the request seeking precautionary measures for public prosecutor Luis Javier Santos and his children. The request for precautionary measures alleges, inter alia, that Public Prosecutor Luis Javier Santos is being threatened because of his work on various corruption cases in the city of San Pedro Sula. On August 21, 2007, the IACHR requested information from the Honduran State concerning the security of public prosecutor Luis Javier Santos. After considering the information supplied by both parties on the circumstances under which Public Prosecutor Luis Javier Santos performs his functions and concerning an attempt made against his life, the Commission decided to adopt precautionary measures and requested the Honduran State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the events that warrant enforcement of the precautionary measures. The Commission continues to monitor the situation.
PM 303/08 Gabriel Zambrano, Carlos Murillo, Danilo del Arca and Carminda Pérez
27. On December 12, 2008, the IACHR granted precautionary measures for Gabriel Zambrano, Carlos Murillo, Danilo del Arca and Carminda Pérez, community leaders in the town of Villanueva, Department of Cortés. The request for precautionary measures alleges that the afore-named leaders are the targets of threats and attacks because of their activities to reclaim land. A number of community leaders from the area have allegedly been killed recently. The Commission asked the Honduran state to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report the steps taken to conduct a judicial inquiry into the events that warrant enforcement of precautionary measures. The Commission continues to monitor the situation.
MEXICO
PM 265/07 MAA and her daughters
28. On February 12, 2008, the IACHR granted the request for precautionary measures for MAA and her three daughters, whose identities are being kept confidential because of their age and the nature of the allegations made. The request seeking precautionary measures alleges that one of the girls had been the victim of a number of acts involving sexual abuse. The request states that when the problems were reported to the competent authorities, the girl was allegedly abducted between August 28 and 29, 2007, and that the family had allegedly been the target of harassment to get them to withdraw their complaint. On December 19, 2007, the Commission asked the State to provide information on the situation. After considering the additional information supplied by both parties, the Commission decided to ask the Mexican state to take the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report what measures have been taken to conduct a judicial inquiry into the facts in this case that warrant enforcement of precautionary measures. The Commission continues to monitor the situation.
PM 147/08 Luz Estela Castro Rodríguez et al.
29. On June 13, 2008, the IACHR granted the request seeking precautionary measures for Marisela Ortiz Rivera, María Luisa García Andrade, Karla Michell and David Peña, members of the organization called “Nuestras Hijas de Regreso a Casa” [Our Daughters Home Again], for Luz Estela Castro Rodríguez, Alma Gómez Caballero, Rossina Urgana Barri, Gabino Gómez Escárcega, Adriana Carmona López, Minerva Maesse, Monserrat González, Irma Villanueva, Flor Gómez, Alberto Rodríguez, Beatriz Gómez, Consuelo Ramos, Ema Martínez, Flor Gómez, Imelda Ruiz, Inti Gómez, Ivonne Gómez, José A. Hernández, Karim Rivera, Laura Aragón, Leonilla Gómez, Luz María Reyes, María de la Luz Nájera, Manuel E. Gómez, María Elena Estevané, Pablo E. Gómez, Rosa Ema Carmona, Norma Ledezma, Silvia Madrigal, Verónica Nava, Yolanda Gómez and Zoila Espino, all members of the “Centro de Derechos Humanos de la Mujer” [Women’s Human Rights Center] and for their immediate families. On June 9, 2008, the Commission received a communication from the Permanent Mission of Mexico to the OAS in which the Mexican State reports that a number of human rights organizations are concerned over threats made against those on whose behalf they work and asks the Commission to consider implementation of precautionary measures. In response, the Commission granted precautionary measures with a view to guaranteeing the lives and physical integrity of the beneficiaries and asked the State to report the measures taken to shed light on the facts. The Commission continues to monitor the situation.
PM 113/08 177 Inhabitants of the Community of Santo Domingo Ixcatlan
30. On May 19, 2008, the IACHR granted the request for precautionary measures for 60 inhabitants of the municipality of Santo Domingo Ixcatlan in the state of Oaxaca. The request seeking precautionary measures alleges that the people of the town of Santo Domingo have been victims of serious acts of violence committed by lawless armed groups with ties to local authorities. The request further alleges that on April 30, 2008, 40 armed men killed Gustavo Castañeda Martínez, Melesio Martínez Robles and Inocencio Medina Bernabé, who were burned to death and dismembered. The request names 60 witnesses, relatives and friends of the victims, said to have received death threats from the alleged perpetrators. The Commission asked the Mexican state to take the measures necessary to guarantee the life and physical integrity of the 60 people on whose behalf the precautionary measures were granted, and to report what measures have been taken to conduct a judicial inquiry into the events that prompted adoption of precautionary measures. On June 8, 2008, the Commission decided to amplify the precautionary measures to cover another 117 inhabitants of Santo Domingo Ixcatlan who had allegedly received death threats. The Commission continues to monitor the situation.
PM 102/08 Rafael Rodríguez Castañeda
31. On July 3, 2008, the IACHR granted a request for precautionary measures to preserve journalist Rafael Rodríguez Castañeda’s right to access information. The request seeking precautionary measures is associated with petition P492/08 which alleges, inter alia, that the courts’ refusal to provide access to leftover ballots, unused ballots, ballots declared to be valid and those nullified in the election held on July 2, 2006, before those ballots were destroyed, is a violation of Article 13 of the American Convention. The Commission asked the Mexican state to suspend plans to destroy the ballots until it is able to rule on the merits of the petition filed by Rafael Rodríguez Castañeda. The granting of precautionary measures does not imply any prejudgment on the merits of the complaint. The Commission continues to monitor the situation.
NICARAGUA
PM 277/08 Vilma Núñez de Escorcia
32. On November 11, 2008, the IACHR granted a request for precautionary measures for human rights defender Vilma Núñez de Escorcia and the members of the Centro Nicaragüense de Derechos Humanos (CENIDH) [Nicaraguan Human Rights Center]. The request seeking precautionary measures alleges that Mrs. Núñez de Escorcia and the members of the CENIDH are targets of public accusations and harassment by public officials because of their work as defenders of human rights. The Commission asked the Nicaraguan state to take the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report what steps it has taken to conduct a judicial inquiry into the facts that necessitated the adoption of precautionary measures. The Commission continues to monitor the situation.
PARAGUAY
PM 277-07 Patients at the Neuropsychiatric Hospital
33. On July 29, 2008, the IACHR granted a request for precautionary measures on behalf of the patients at the Neuropsychiatric Hospital. The request seeking precautionary measures alleges that acts of physical violence and sexual abuse have been committed against the hospital’s patients. It also alleges that effective measures have not been taken to investigate the violence and protect the patients. After requesting information from the parties several times, the Commission learned that in May and June 2008, the deaths of two patients were reported, as well as sexual abuse and violence at the hospital. The Commission asked the Paraguayan state to take the measures necessary to protect the lives and physical integrity of the beneficiaries, and especially to prevent additional acts of physical violence and sexual abuse inside the hospital. It also asked the State to report the measures taken to investigate the facts. The Commission continues to monitor the situation.
PERU
PM 103/08 Francisco Soberón Garrido and other members of APRODEH
34. On May 21, 2008, the IACHR granted precautionary measures for human rights defenders Francisco Soberón Garrido, Juan Miguel Jugo Viera and other members of APRODEH. The request seeking precautionary measures alleges that various state agencies had made statements and taken measures intended to intimidate APRODEH, particularly Francisco Soberón Garrido and Juan Miguel Jugo Viera, the executives of that institution. The request also states that, starting in April 2008, a number of APRODEH members had been the target of threats and other forms of harassment. The Commission asked the Peruvian state to take the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report on the measures taken to prevent administrative and judicial means from being used to obstruct the human rights work done by APRODEH. The Commission continues to monitor the situation.
UNITED STATES
PM 240/07 Orlando Cordia Hall
35.
On July 7, 2008, the IACHR granted precautionary measures on behalf of
Orlando Cordia Hall, who was given the death penalty for the alleged
commission of a crime in 1994. The petition attached to the request
seeking precautionary measures alleges that in general, there is racial
bias in the application of the death penalty in the United States and
that, in this particular instance, the judgment delivered in the case
was based on questionable evidence about conduct that did not appear in
the indictment. The allegation is that the United States is responsible
for violation of Articles II, XVIII, and XXVI of the American
Declaration. The Commission asked the United States to refrain from
executing the death sentence until it has had an opportunity to issue
its decision on the petitioner’s claim of an alleged violation of the
American Declaration. The Commission continues to monitor the situation. PM 149/08 Boniface Nyamanhindi
36. On August 18, 2008, the Commission granted the request seeking precautionary measures for Boniface Nyamanhindi, a national of Zimbabwe being held in a detention facility operated by the Immigration and Customs Enforcement Agency. The request seeking precautionary measures states that if deported to his native country, Mr. Nyamanhindi would face the threat of torture and cruel treatment because of his membership in an opposition party. The Commission asked the United States to take the measures necessary to prevent Mr. Nyamanhindi from sustaining irreparable harm as a result of his deportation. The Commission continues to monitor the situation.
PM 211/08 Djamel Ameziane
37. On August 20, 2008, the IACHR granted the request for precautionary measures for Mr. Djamel Ameziane. The request for precautionary measures alleges that Mr. Ameziane was detained by United States agents in Kandahar, Afghanistan in January 2007 and taken to the United States Naval Base at Guantánamo. According to the information received by the Commission, Mr. Ameziane was allegedly tortured and subjected to cruel, inhumane and degrading treatment during his incarceration. The request also alleges that he was in danger of being deported to his native country, Algeria, where he might be subjected to cruel, inhumane and degrading treatment. The Commission asked the United States to immediately take the measures necessary to ensure that Mr. Ameziane is not subject to torture or to cruel, inhumane or degrading treatment while in its custody and to make certain that he is not deported to any country where he might be subjected to torture or other mistreatment. The Commission continues to monitor the situation. [TABLE OF CONTENTS | PREVIOUS | NEXT] |
