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ANNUAL REPORT 2009
CHAPTER III (continuation) THE PETITION AND CASE SYSTEM
C. Individual petitions and cases before the Inter-American Commission on Human Rights
1. Precautionary measures granted by the IACHR in 2009
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 2009, 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.
11. During its 137th period of sessions, held in October and November of 2009, the Inter-American Commission approved its new Rules of Procedure, which entered into effect on December 31, 2009. Article 25 of the new rules establishes the following:
Article 25. Precautionary Measures
1. In serious and urgent situations, the Commission may, on its own initiative or at the request of a party, request that a State adopt precautionary measures to prevent irreparable harm to persons or to the subject matter of the proceedings in connection with a pending petition or case
2. In serious and urgent situations, the Commission may, on its own initiative or at the request of a party, request that a State adopt precautionary measures to prevent irreparable harm to persons under the jurisdiction of the State concerned, independently of any pending petition or case.
3. The measures referred to in paragraphs 1 and 2 above may be of a collective nature to prevent irreparable harm to persons due to their association with an organization, a group, or a community with identified or identifiable members.
4. The Commission shall consider the gravity and urgency of the situation, its context and the imminence of the harm in question when deciding whether to request that a State adopt precautionary measures. The Commission shall also take into account:
a. whether the situation of risk has been brought to the attention of the pertinent authorities or the reasons why it might not have been possible to do so;
b. the individual identification of the potential beneficiaries of the precautionary measures or the identification of the group to which they belong;
c. the express consent of the potential beneficiaries whenever the request is filed before the Commission by a third party unless the absence of consent is duly justified; and
5. Prior to the adoption of precautionary measures, the Commission shall request the State concerned relevant information, unless the urgency of the situation warrants the immediate granting of the measures.
6. The Commission shall evaluate periodically whether it is pertinent to maintain any precautionary measures granted.
7.A State may at any time file a duly grounded petition that the Commission withdraw its request that the State concerned adopt precautionary measures. Prior to the adoption of a decision on the State’s petition, the Commission shall request observations from the petitioners or their representatives. The submission of such a petition shall not suspend the enforcement of the precautionary measures granted.
8. The Commission may request relevant information from the interested parties on any matter related to the granting, observance, and maintenance of precautionary measures. Material non-compliance by the beneficiaries or their representatives with such a request may be considered a ground for the Commission to withdraw a request that the State adopt precautionary measures. With regard to precautionary measures of a collective nature, the Commission may establish other appropriate mechanisms of periodic follow-up and review.
9. The granting of such measures and their adoption by the State shall not constitute a prejudgment on the violation of the rights protected by the American Convention on Human Rights or other applicable instruments.
PM 236/08 – Persons Deprived of Liberty in the Polinter-Neves Penitentiary
12. On June 1, 2009, the IACHR granted precautionary measures for the persons deprived of liberty in the Polinter-Neves penitentiary, in the city of São Gonçalo, State of Rio de Janeiro, Brazil. The request seeking precautionary measures alleges that the inmates at the Polinter-Neves penitentiary do not have adequate access to medical attention. It is also alleged that inmates with tuberculosis and other contagious diseases share cells with other persons in a highly over-crowded situation and without sunlight. The Inter-American Commission asked the State of Brazil to adopt all measures necessary to guarantee the life, health and physical integrity of the beneficiaries; to ensure that they have adequate medical attention and to avoid the transmission of contagious diseases through a substantial reduction of the overpopulation in this penitentiary; as well as to inform the IACHR about the actions taken in response to this request.
PM 224/09 –
Adolescents Deprived of Liberty in the Socio-Educational Internment
13. On November 25, 2009, the IACHR granted precautionary measures for adolescents deprived of liberty in the Socio-Educational Internment Facility (Unidad de Internación Socioeducativa, UNIS), in Brazil. The request for precautionary measures alleges that the life and physical integrity of some 290 adolescents deprived of liberty in the UNIS is at risk. It indicates that many of the inmates held have been subject to beatings and acts of aggression and torture, allegedly by State agents and by other adolescents, and that between April and July of 2009 three adolescents died in the facility as a result of these acts. The Inter-American Commission asked the State of Brazil to adopt the measures necessary to guarantee the life and physical integrity of the adolescents deprived of liberty in the UNIS and to keep deaths and acts of torture from occurring in the facility, as well as to inform the IACHR about the actions taken to judicially clarify the acts that warrant the adoption of these precautionary measures.
Colombia
PM 301/08—Leaders
of the Indigenous Regional Council of Cauca (CRIC)
14. On January 14, 2009, the IACHR granted precautionary measures in favor of 32 leaders and advisers of the Indigenous Regional Council of Cauca (Consejo Regional Indígena del Cauca, CRIC), in Colombia. The petition for precautionary measures alleges that the CRIC leaders and advisers have been the targets of acts of violence, threats, and stigmatization as a result of their activities as indigenous leaders. It also alleges that murders, threats, and acts of harassment against the CRIC leadership have increased since August 2008 and refers to, among others, the death of Edwin Legarda Vásquez, husband of the CRIC Senior Counselor Aída Marina Quilcué Vivas. The Inter-American Commission requested that the State of Colombia adopt the measures necessary to guarantee the life and personal integrity of the beneficiaries, as well as report on the actions taken to remove the risk factors that justify the adoption of these precautionary measures. The Commission continues to monitor the situation.
PM 91/08 – Federación Agrominera del Sur de Bolívar (FEDEAGROMISBOL)
15. On May 1, 2009, the IACHR granted precautionary measures for the leaders of Federación Agrominera del Sur de Bolívar (FEDEAGROMISBOL), in Colombia. The request seeking precautionary measures alleges that the leaders of FEDEAGROMISBOL have been the target of threats since April 2008, and that on April 22, 2009, a leader of the Federation, Mr. Edgar Martínez Ruiz, was killed. The Inter-American Commission asked the State of Colombia to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to inform the IACHR about any actions taken to eliminate the risk factors to the beneficiaries.
PM 139/09 – Martha Lucía Giraldo Villano and others
16. On May 19, 2009, the IACHR granted precautionary measures for the following relatives of Mr. José Orlando Giraldo Barrera: his daughters, Martha Lucía Giraldo Villano and Ximena Giraldo Villano; his wife, Luz Marina Villano Morales; his siblings: Marcial Orlando Giraldo Barrera, José Wilson Orlando Giraldo Barrera and Jairo Giraldo Barrera Orlando Giraldo Barrera, as well as each of their families in Colombia. The request seeking precautionary measures alleges that these persons have been tailed and threatened, allegedly as a consequence of their participation as witnesses in the criminal proceedings on the death of Mr. José Orlando Giraldo Barrera, which occurred on March 11, 2006. The request also states that on April 28, 2009, persons wearing uniforms allegedly conducted surveillance on the residence of Mr. José Wilson Orlando Giraldo Barrera and asked for his whereabouts and that on May 10, 2009, he was the target of an attempt against his life with a firearm in the city of Cali. It also alleges that the General Attorney of the Nation has offered to include some beneficiaries on its program of protection to victims and witnesses, but that this measure would complicate the beneficiaries’ participation in the criminal proceedings on the death of Mr. José Orlando Giraldo Barrera. The Inter-American Commission asked the State of Colombia to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to inform the IACHR about any actions taken to investigate these facts.
PM 270/09 – X and XX
17. On September 21, 2009, the IACHR granted precautionary measures for two individuals in Colombia whose identity the IACHR decided to withhold. The request for precautionary measures alleges that X and her 15-year-old daughter XX had been followed and subject to physical aggressions, threats, and a kidnapping attempt after they reported the sexual violation of XX, which allegedly occurred in December 2006. The request also indicates that XX showed after-effects of having been sexually violated and having carried a high-risk pregnancy. The request alleges that the adolescent's physical and mental health had deteriorated in recent months as a result of the acts of violence to which her immediate family had been victim and due to the alleged absence of adequate medical treatment. The Inter-American Commission asked the State of Colombia to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries; guarantee that XX can have proper medical treatment for the effects of having been sexually violated and having carried a pregnancy under allegedly risk circumstances; reach agreement with the beneficiaries and their representative on the measures to be adopted; inform the IACHR within a 20-day period about any actions taken to investigate the facts that led to the adoption of the precautionary measures and update the information periodically; and adopt all necessary measures so that the beneficiaries' identity is duly protected in the implementation of the precautionary measures.
PM 242/09 -
Members of the Consultancy on Human Rights and Displacement
18. On November 16, 2009, the IACHR granted precautionary measures for Enrique Rojas Rodríguez, Marco Romero Silva, and Edna Bibiana Ortiz, members of the Consultancy on Human Rights and Displacement (Consultoría para los Derechos Humanos el Desplazamiento, CODHES), in Colombia. The request for precautionary measures alleges that these three individuals had had their telephones tapped, had been tailed, and had been subject to other intelligence activities on the part of agents of the Administrative Department of Security (DAS). It adds that the proposed beneficiaries would seem to be at risk in light of the fact that high-level public officials had made speeches against their activities in defense of people who had been subject to forced displacement. In addition, it reports that on October 30, 2009, Edna Bibiana Ortiz was part of a humanitarian mission verifying the situation of displaced populations in the Upper Sinú and Upper San Jorge. The mission was attacked with firearms, allegedly by paramilitary groups, leaving a teacher dead and a nurse hospitalized. The Inter-American Commission asked the State of Colombia to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries; provide a nexus and/or protection system for members of CODHES who travel to conflict zones in the course of their work; provide protection around the perimeter of CODHES headquarters; and guarantee access to any information in intelligence files that may be necessary to protect their personal security.
PM 119/09 – César Julio Valencia
19. On November 17, 2009, the IACHR granted precautionary measures for Magistrate César Julio Valencia Copete, in Colombia. The request for precautionary measures alleges that Magistrate Valencia Copete had received threats to his life stemming from his participation in investigations into alleged ties between public officials and armed groups operating outside of the law. It adds that in March 2008, Magistrate Valencia Copete learned that his cellular telephone had been tapped by the Administrative Department of Security. It was allegedly learned that an official in the Office of Protection who was also assigned to the Counterintelligence Section was in possession of personal information about Magistrate Valencia Copete; that the State had still not taken the measures necessary to investigate the surveillance and telephone wiretapping to which Magistrate Valencia Copete had been subject; and that even though the State had provided him with a security scheme, neither he nor his representatives have been able to participate in its design and implementation, and the authorities responsible for implementing it were apparently not receptive to his requests. The Inter-American Commission asked the government of Colombia to adopt the measures necessary to guarantee the life and physical integrity of César Julio Valencia Copete; guarantee access to information in the intelligence files that would be necessary to protect his personal security; and report on the steps taken to judicially clarify the acts that warrant the adoption of precautionary measures.
PM 319/09 – League of Displaced Women – Cartagena
20. On November 18, 2009, the IACHR granted precautionary measures for Doris Berrio Palomino and her family, in Colombia. The request for precautionary measures alleges that on August 31, 2009, Jair Pantoja Berrio, Doris Berrio Palomino's son and the founder of the Youth League of the League of Displaced Women (LMD), was killed in Cartagena. The request indicates that the murder took place even though the family of Doris Berrio Palomino has security measures in place provided by the State of Colombia. It adds that the Constitutional Court on three occasions had pronounced itself on the situation of risk faced by members of the LMD and that members of the League had informed the Ministry of the Interior about the inadequacy of the security measures, but it alleges that the Colombian State had not acted with diligence to ensure that the security schemes were effective. The request indicates as well that in 2009, various leaders of nongovernmental organizations that work to protect the rights of the displaced population in Cartagena had allegedly been killed and that beginning in March 2001, members of the LMD were victims of acts of violence and threats, allegedly perpetrated by armed groups operating outside of the law. The Commission asked the government of Colombia to adopt the measures necessary to guarantee the life and physical integrity of Doris Berrio Palomino and her family, and to report on the actions taken to judicially clarify the facts that warrant the adoption of precautionary measures.
PM 240/09 – Mauricio Meza
21. On November 18, 2009, the IACHR granted precautionary measures to protect the life and physical integrity of Mauricio Meza Blanco, in Colombia. The request for precautionary measures alleges that the human rights defender and environmentalist Mauricio Meza resumed his efforts in September 2009 after having moved away from his family and his job in order to reduce the level of risk he was facing. The request states that it is unknown what progress has been made in the investigations into the kidnapping attempt of March 2009 and the threats that were reported to the appropriate authorities, and that the protection system granted by the Ministry of the Interior continues to be temporary, since the evaluation of the risk level was given as "ordinary." The request adds that in a public environmental hearing held on October 23, 2009, security guards allegedly followed Mr. Meza and took photographs of him, and that an automobile assigned to the Judicial Investigation Section (SIJIN) had tailed him. It is also alleged that on October 25, 2009, an unknown individual shot at his house with a firearm and that on October 31, 2009, he had been subject to harassment, allegedly on the part of intelligence agents. The Inter-American Commission asked the Colombian State to adopt the measures necessary to guarantee the life and physical integrity of Mauricio Meza Blanco and to inform the IACHR about actions taken to investigate the facts that led to the adoption of precautionary measures.
PM-339-09 – CJD and MAG
22. On November 23, 2009, the IACHR granted precautionary measures for CJD and MAG, in Colombia. The request for precautionary measures alleges that the journalist CJD, who allegedly had been kidnapped in 2001 and forced to leave the country on three occasions, has been subject to ongoing threats and acts of harassment. The request indicates that on October 16, 2009, six individuals in four vehicles entered the residential complex where she lives, and some of them approached the door of her apartment. It adds that on June 20 and October 7, 2009, several calls were received on the cellular phones of CJD and her parents, in which unknown individuals asked about her younger daughter, MAG. The request also states that in 2008, CJD allegedly learned that her security escorts had produced intelligence reports on her and her daughter, in response to which she asked the Ministry of the Interior and Justice to appoint guards that she trusted. This request apparently received no response, and thus CJD petitioned the Constitutional Court for protection. On October 23, 2008, the Constitutional Court ordered the Ministry of the Interior and Justice to implement the security measures necessary to safeguard the life and physical integrity of CJD and ordered the Administrative Department of Security (DAS) to allow her access to the information about her in the entity's files. The request for precautionary measure indicates that the State has not complied with these orders, and that therefore there had apparently been an investigation into acts of contempt on June 11, 2009. The Commission asked the government of Colombia to adopt the measures necessary to guarantee the life and physical integrity of CJD and MAG, and to report on the actions taken to investigate the facts that led to the adoption of precautionary measures.
Cuba
PM 50/09 - Alejandro Jiménez Blanco
23. On March 18, 2009, the IACHR granted precautionary measures in favor of Alejandro Jiménez Blanco, in Cuba. The petition for precautionary measures alleges that Mr. Alejandro Jiménez Blanco was target of acts of violence at the Paso Penitentiary in Cuba, where it is alleged that he remains isolated in a punishment cell. The Inter-American Commission requested that the State of Cuba adopt the measures necessary to guarantee the life and personal integrity of the beneficiary. The Commission also requested the State to supply adequate medical treatment, in compliance to international standards regarding the treatment of persons deprived of their liberty. Finally, it requested the State to report to the IACHR on the actions taken to implement the precautionary measures.
PM 302/09 - Mario Alberto Pérez Aguilera
24. On October 22, 2009, the IACHR granted precautionary measures for Mario Alberto Pérez Aguilera, in Cuba. The request for precautionary measures alleges that the prison authorities purportedly hindered Pérez Aguilera from having access to daily meals without being subject to degrading acts. The petitioners cite as evidence the fact that the beneficiary's cell is located at the end of the corridor and thus food is often not distributed to him, and that he has had to beg to receive his ration. In this context, they reported that in January 2009 the beneficiary went for 11 days without receiving any food. In addition, they maintained that Pérez Aguilera had been isolated from the rest of those deprived of liberty and that he had been subject to beatings when he had tried to communicate with other detainees. The Inter-American Commission asked the government of Cuba to adopt the measures necessary to guarantee the life and humane treatment of Mario Alberto Pérez Aguilera and to inform the IACHR about actions taken to implement the precautionary measures.
PM 338/09 - Macdiel Bachiller Pedroza
25. On November 13, 2009, the IACHR requested the adoption of precautionary measures for Macdiel Bachiller Pedroza, in Cuba. The request for precautionary measures alleges that Macdiel Bachiller Pedroza had been deprived of liberty on four occasions, on the grounds that he was a "danger to society," in retaliation for the activities of his father, the union leader Aurelio Bachiller. It was also alleged that as a result of the State's actions, the rights and remedies to which the beneficiary would have access under domestic and international law would not be subject to effective legal protection. Consequently, the IACHR requested that the government of Cuba provide information about the beneficiary's legal situation and detention status.
DOMINICAN REPUBLIC
PM-297-09 - Juan Almonte Herrera and others
26. On December 11, 2009, the IACHR granted precautionary measures for Juan Almonte Herrera, Yuverky Almonte Herrera, Joel Almonte, Ana Josefa Montilla, Genaro Rincón, and Francisco de León Herrera, in the Dominican Republic. The request for the precautionary measure alleges that Mr. Juan Almonte Herrera had been detained by four agents of the Anti-Kidnapping Department of the National Police on September 28, 2009, as part of the investigation being carried out into the kidnapping of Eduardo Baldera Gómez. Mr. Almonte Herrera was reportedly taken to an unknown location without having access to visits by his family or his legal representatives. On October 2, 2009, the Second Criminal Court of the National District reportedly ordered the release of Mr. Almonte Herrera in a public hearing. Nevertheless, it is alleged that his whereabouts remain unknown.
27. On November 30, 2009, the IACHR asked the State of the Dominican Republic to provide information within a 48-hour time frame on the whereabouts of Mr. Almonte Herrera and on the security situation of his relatives and representatives, among other matters. To date, the IACHR has not received any response to that request for information. In addition, the IACHR received information on December 5, 2009, indicating that relatives and representatives of Mr. Almonte Herrera had reportedly been followed and subject to harassment on the part of agents of the National Police since the date on which Mr. Almonte Herrera was detained. Given the gravity and urgency of the situation, and the lack of response regarding the whereabouts of Mr. Almonte Herrera, the Inter-American Commission requested that the government of the Dominican Republic report on the whereabouts of Juan Almonte Herrera, his state of health, and his current security situation; that it adopt the necessary measures to guarantee the life and physical integrity of Juan Almonte Herrera, Yuverky Almonte Herrera, Joel Almonte, Ana Josefa Montilla, Genaro Rincón, and Francisco de León Herrera; and that it report on the actions taken to investigate the facts that led to the adoption of precautionary measures.
El Salvador
PM 239/09 – Héctor Antonio García Berríos and others
28. On October 7, 2009, the IACHR granted precautionary measures for the members of the Association of Friends of San Isidro (Asociación Amigos de San Isidro, ASIC), Héctor Antonio García Berríos, Alirio Napoleón Hernández Leiva and Miguel Ángel Rivera Moreno; for the members of the community radio Victoria, Alexander Beltrán Castillo, Ludwin Iraheta and Vladimir Abarca, and for the priest Luis Alberto Quintanilla, in El Salvador. The request seeking precautionary measures alleges that the beneficiaries have been the target of threats in the last few months, allegedly as a result of their activism in defense of the environment in the San Isidro county, department of Cabañas, and of complaints filed against the local public administration. The Inter-American Commission asked the State of El Salvador to adopt the measures necessary to guarantee the life and personal integrity of the beneficiaries, and to inform the IACHR about any actions taken to investigate the facts.
Guatemala
PM
63/09 – Raúl Santiago Monzón Fuentes, Gladys Monterroso Velásquez
29. On April 8, 2009, the IACHR granted precautionary measures for Raúl Santiago Monzón Fuentes, Director of the Prosecution Department of the Office of the Human Rights Prosecutor of Guatemala; Gladys Monterroso Velásquez de Morales, wife of the Human Rights Prosecutor of Guatemala; and employees of the Office of the Human Rights Prosecutor in Guatemala. The request seeking precautionary measures alleges that these individuals were victims of various acts of violence as a result of actions undertaken by the Office of the Prosecutor with regard to the publication of historical archives of the Guatemalan National Police. The acts of violence specified include the kidnapping of Mrs. Gladys Monterroso Velásquez de Morales and a series of threats targeting Mr. Raúl Santiago Monzón Fuentes. The request also indicates that unidentified individuals had tailed employees and conducted surveillance on the buildings of the Office of the Human Rights Prosecutor. The Inter-American Commission requested that the State of Guatemala adopt the measures necessary to guarantee the life and physical integrity of Raúl Santiago Monzón Fuentes and Gladys Monterroso Velásquez de Morales; assign protection to the perimeter of the buildings of the Office of the Human Rights Prosecutor of Guatemala, so as to protect the life and physical integrity of the employees; and inform the IACHR about actions taken to investigate the facts that led to the adoption of precautionary measures.
PM 150/09 – Mario David García and his family
30. On May 19, 2009, the IACHR granted precautionary measures for Mr. Mario David García and his family, in Guatemala. The request seeking precautionary measures alleges that Mr. García and his family are in a situation of imminent risk due to having filmed the video where lawyer Rodrigo Rosenberg Marzano made accusations of assassination and corruption against State high officials and businessmen. On May 10, 2009, Rodrigo Rosenberg Marzano was found dead with bullet impacts. The Inter-American Commission requested that the State of Guatemala adopt the measures necessary to guarantee the life and physical integrity of Mario David García and his family, and inform the IACHR about actions taken to remove the risk factors for the beneficiaries.
PM 136/09 – Iduvina Hernández and 12 members of the SEDEM
31. On May 21, 2009, the IACHR granted precautionary measures for Ms. Iduvina Hernández, director of the Association for the Study and Promotion of Security in Democracy (Asociación para el Estudio y la Promoción de la Seguridad en Democracia, SEDEM) of Guatemala, and other 12 members of the organization. The request seeking precautionary measures alleges that Ms. Iduvina Hernández and the other members of SEDEM have been targets of threats in April and May 2009, through messages and anonymous telephone calls. It adds that no security measures were implemented, although complaints have been filed to the public authorities. The Inter-American Commission asked the State of Guatemala to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to inform the IACHR about any actions taken to eliminate the risk factors to the beneficiaries.
PM 255/08 -19 Surviving Members of the Community of El Jute
32. On May 13, 2009, the IACHR requested the adoption of precautionary measures to protect the life and physical integrity of the survivors of the community of El Jute, in the Republic of Guatemala: Claudia Crisóstomo, Emilia Cheguen, Margarita Crisóstomo, Marcos Ramos Díaz, Francisco Javier Rivera, Aulalio Gallardo, Humberto Crisóstomo Mateo, Octavio Ramos, María Macaria López, Miguel Ángel Gallardo Álvarez, Isidoro de Jesús Gallardo Rivera, Pedro Gallardo Rivera, María Gallardo Rivera, Emilio Rivera Méndez, Maribel Crisóstomo López Ingrid, Noemí Crisóstomo López, Adán Ceferino Crisóstomo, Juan Antonio Rivera Ramos, and Nidia Crisóstomo Mateo. The decision was based on information indicating that the beneficiaries allegedly had been subject to threats since 2007 for their role as witnesses in a criminal case against members of the public security force and that the level of risk they were facing had apparently increased, inasmuch as the abovementioned criminal proceeding would take place in the course of 2009.
PM 262/09 - Félix Waldemar Maaz Bol
33. On September 29, 2009, the IACHR granted precautionary measures for Mr. Félix Waldemar Maaz Bol, in Guatemala, The request seeking precautionary measures alleges that Félix Waldemar Maaz Bol, President of the Association of Journalists of Alta Verapaz, had allegedly been the target of an attack with explosives on August 18, 2009, in the outside of his residence, due to his work as a journalist. The Inter-American Commission asked the State of Guatemala to adopt the measures necessary to guarantee the life, physical integrity and freedom of expression of the beneficiary, and to inform the IACHR about any actions taken to investigate the facts.
PM 290/09 – Jesús Tecú Osorio and his family
34. On October 6, 2009, the IACHR granted precautionary measures for Mr. Jesus Tecu Osorio and his family, in Guatemala. The request seeking precautionary measures alleges that Mr. Jesus Tecu Osorio received death threats and that on September 14, 2009; he received several telephone calls with death threats for his family. The request also alleges that these threats could be linked to the activities of Mr. Osorio as a human rights defender in Guatemala. Mr. Tecu Osorio allegedly requested protection to several instances of the National Civilian Police, which offered him protection to the perimeter of his house, but the request says that this would not be adequate for the situation of risk of the beneficiaries. The Inter-American Commission asked the State of Guatemala to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to inform the IACHR about any actions taken to investigate these facts.
HAITI
PM 5/09 – X
35. On April 17, 2009, the IACHR granted precautionary measures for six persons in Haiti, whose identity is kept under seal at the request of the applicants. The request seeking precautionary measures alleges that these persons have been targets of threats and assaults on the part of State security agents since 2008. It is also alleged that the father of one of the beneficiaries of these measures was killed on March 28, 2009. The Inter-American Commission asked the State of Haiti to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and inform the IACHR about actions taken to investigate through the Judiciary the facts that led to the adoption of precautionary measures.
PM 276-09 – R.S., A.B. and others
36. On October 14, 2009, the IACHR granted precautionary measures for R.S. and her 12-year old child, A.B., as well as five members of a human rights organization in Haiti, whose identity is kept under seal at the request of the applicants. The request seeking precautionary measures alleges that A.B. was raped in January 2009 by a school employee, and that A.B. and her mother are being subjected to threats and violent acts as a result of the complaints they filed. On their part, the five members of the human rights organization mentioned above have also been subjected to telephone threats and harassment in the last few months, as a result of the psychological and legal support offered to A.B and her mother. It is also alleged that on April 25, 2009, R.S.’s residence was set on fire by heavily armed individuals. According to the petitioners, the acts of violence they are being subjected to have been conducted by a local police officer, who allegedly is the brother of the professor they accuse of having raped A.B. The Inter-American Commission asked the State of Haiti to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and inform the IACHR about actions taken to investigate through the Judiciary the facts that led to the adoption of precautionary measures.
HONDURAS
PM 69/09—Inés Yadira Cubero González
37. On April 6, 2009, the IACHR granted precautionary measures for Inés Yadira Cubero González, in Honduras. The request seeking precautionary measures alleges that Mrs. Inés Yadira Cubero González had been the target of an attempted shooting on March 16, 2009, allegedly due to her work as President of the Transparency and Anti-Corruption Commission of the Municipal Corporation of San Pedro Sula. The request further indicates that these acts were reported to the Office of the Public Prosecutor for Common Crimes in San Pedro Sula, but that Mrs. Inés Yadira Cubero had not been informed of the results of the investigation and had not been given any protection measures. The Inter-American Commission asked the State of Honduras to adopt the measures necessary to guarantee the life and physical integrity of the beneficiary, and to inform the IACHR about any actions taken t o investigate the facts.
PM 196/09 - Amplification of Precautionary Measures
38. The procedure for Precautionary Measure 196.09 HO has been established to address a set of situations that came about beginning on June 28, 2009, as a result of the coup d'état in Honduras.
39. Through this measure, the President of the Supreme Court of Justice of Honduras and the President of the Congress were asked to adopt precautionary measures to protect the life and physical integrity of more than 147 individuals, and a precautionary measure to guarantee the right to freedom of expression for communications media workers at Channel 36, Radio La Catracha, Radio Cholusat Sur, Radio Globo, and the right to information by Honduran society. Requests for information were made, both under Article 25 of the IACHR Rules of Procedure as well as under Article 41 of the American Convention. Requests for information were also made under Article XIV of the Inter-American Convention on Forced Disappearance of Persons.
40. Following is a list of beneficiaries of the precautionary measures and the dates of the respective amplifications.
On June 28, 2009, the IACHR granted precautionary measures for the Minister of Foreign Affairs of the Republic of Honduras:
1. Mrs. Patricia Rodas, Minister of Foreign Affairs for President Zelaya.
On June 29, 2009, the IACHR expanded the precautionary measures for:
2. Edran Amado
López, owner of Channel 36; 4. César Ham, Congressional Representative for the Unificación Democrática political party.
On July 2, 2009, the IACHR decided to further amplify the PM 196-09 precautionary measures in favor of: 5. Adriana Sivori, journalist for TeleSUR; 6. Alan McDonald, cartoonist; 7. Alejandro Villatoro, Radio Globo journalist; 8. Andrés Pavón Uribe, member of the Honduran Human Rights Committee; 9. Ángel Alvarado, member of the National Resistance Committee; 10. Arcadia López, Staff Minister of the Presidential House; 11. Bertha Oliva de Nativí, member of the Committee for Family Members of the Detained and Disappeared in Honduras; 12. Carlos Eduardo Reina, member of the National Resistance Committee; 13. Carlos Humberto Reyes, member of the Bloque Popular; 14. Carlos Melano, assistant to President Zelaya; 15. Clyburn St. John, TeleSUR journalist; 16. Danny Reyes, director of the LGBT Rainbow Association of Honduras; 17. David Ellner Romero, Channel 36/ Radio Globo journalist; 18. Doris García, Minister of the National Women's Institute; 19. Eduardo Maldonaldo, Channel 36 journalist; 20. Edward Yeferí Lobo Sánchez, defender of the rights of children and youth; 21. Enrique Flores Lanza, Presidential Secretary; 22. Enrique Reina, assistant to President Zelaya; 23. Eulogio Chávez, member of the National Resistance Committee; 24. Franklin Mejía, Radio Globo journalist; 25. Freddy Quintero, TeleSUR journalist; 26. Guillermo de Jesús Mayen Jiménez, defender of the rights of children and youth, and member of the Unión Democrática political party; 27. Héctor Licona, employee of the LGBT Rainbow Association of Honduras; 28. Israel Moreno, director of Radio Progreso; 29. Israel Salinas, member of the Majority Union; 30. Juan Barahona, member of the Bloque Popular; 31. Larry Sánchez, TeleSUR journalist; 32. Lidieth Díaz, Radio Globo journalist; 33. Luter Castillo Harris, Chief of International Cooperation in the Foreign Ministry of the Republic; 34. Madeleine García, TeleSUR journalist; 35. Marco Tulio Burgos Córdova, National Commissioner for the Permanent Contingencies Committee; 36. María José Díaz, TeleSUR journalist; 37. Marvin Ponce, National Congressional Representative for the Unificación Democrática party; 38. Matilde Durón Ochoa, defender of the rights of children and youth; 39. Mayra Mejía, Secretary of Labor; 40. Milton Jiménez Puerto, president of the Banks and Securities Committee; 41. Miriam Mejh, Youth Institute; 42. Orlando Villatoro, Radio Globo journalist; 43. Patrick Pavón, employee of the LGBT Rainbow Association of Honduras; 44. Rafael Alegría, national director of the Vía Campesina; 45. Regina Osorio, TeleSUR journalist; 46. Roger Ulises Peña, unionist; 47. Rony Martínez, Radio Globo journalist; 48. Salvador Zúñiga, member of the Civic Council of Popular and Indigenous Organizations of Honduras; 49. Sara Elisa Rosales, member of the Las Lolas Organization and Feminist Movement; 50. Tomás Andino Mencía, defender of the rights of children and youth.
On July 3, 2009, the IACHR decided to further amplify the PM 196-09 precautionary measures for:
51. Adán Funes, Mayor of Tocoa, Colón; 52. Adelmo Rivera, Mayor of Sonaguera, Colón; 53. Buenaventura Calderón, community leader of Puerto Lempira, Gracias a Dios; 54. Dagoberto Rodríguez, director of the Cadena Voces radio station; 55. Esteban Félix, Associated Press journalist; 56. Evelio Sánchez, community leader of Guapinol, Tocoa, Colón; 57. Fabio Ochoa, local president of the Unificación Democrática party in Tocoa; 58. Felipe Antonio Gutiérrez, community leader of Guapinol, Tocoa, Colón; 59. Filemón Flores, advisor to the Mayor of Tocoa, Colón; 60. Geraldina Cerrato, Municipal Women's Office in the city of Tocoa; 61. Humberto Maldonado, community leader of Guapinol, Tocoa, Colón; 62. Iris Munguía, coordinator of the Banana Growers Union of Honduras; 63. Juan Ramón Sosa, journalist for La Tribuna; 64. Manuel Membreño, community leader of Guapinol, Tocoa, Colón; 65. Nicolás García, Associated Press journalist 66. Waldemar Cabrera, community leader of Puerto Lempira, Gracias a Dios; 67. Wilfredo Paz Maestro, member of the Honduras Federation of Teaching Organizations.
On July 10, 2009, the IACHR decided to further amplify the PM 196-09 precautionary measures to protect:
68. Andrés Tamayo, president of the Olancho Environmental Movement; 69. Angélica Patricia Benítez, former representative in the National Congress for the Unificación Democrática party and wife of César Ham, current representative of the same party; 70. Alexis Núñez, forced military recruitment; 71. Edwin Noel Mejía, forced military recruitment; 72. Melvin Anael Romero, forced military recruitment; 73. René Ruiz, forced military recruitment.
On July 24, 2009, the IACHR decided to further amplify the PM 196-09 precautionary measures to protect:
74. Nahún Palacios, director of Aguán Television, Channel 5; 75. María Margarita Zelada Rivas, representative for the Department of Cortés in the Honduran National Congress; 76. Gladys Lanza, coordinator of the Visitación Padilla Peace Committee; 77. Elsy Benegas, president of the National Agrarian Institute Workers' Union and leader of the Coordinating Committee of Popular Organizations of Aguán (COPA); 78. Manuel Montoya, leader of the National Electric Energy Corporation Workers' Union; 79. Eduardo Flores, member of the Coordinating Committee of Popular Organizations of Aguán (COPA); 80. José Luis Galdámez Álvarez, director of the Radio Globo program “Tras la Verdad” ("After the Truth"); 81. Andrés Armando Molina Zelaya, journalist for Radio "Juticalpa” station located in the department of Olancho; 82. Martha Elena Rubí, owner of the Radio “Juticalpa” station located in the department of Olancho; 83. María José Méndez Rubí, son of Martha Elena Rubí; 84. José Daniel Méndez Rubí, son of Martha Elena Rubí; 85. José Levi Méndez Rubí, son of Martha Elena Rubí; 86. Kenia Irias, former technical director of the National Women's Institute (INAM); 87. Kimberly Nairoby Hernández Irias (16 years old), daughter of Kenia Irias; 88. Jancarlos Emanuel Velásquez Irias (5 years old), son of Kenia Irias. 89. Lilibeth Reyes Cartagena, member of the Center for Women's Studies-Honduras (CEM-H); 90. Lídice Isabel Ortega Reyes, member of the Center for Women's Studies-Honduras; 91. Keyla Amador member of the Center for Women's Studies-Honduras; 92. Isis Gabriela Arriaga Hernández, member of the Center for Women's Studies-Honduras.
On July 30, 2009, the IACHR decided to further amplify the PM 196-09 precautionary measures to protect:
93. Juan Carlos Trochez, son of Liberal Party representative Rodrigo Trochez,. Juan Carlos Trochez was allegedly shot after members of the Honduran Assembly, including his father, denounced the Honduran coup d'état before members of the U.S. House and Senate in Washington; 94. Rommel Gómez, journalist for Radio Progreso, (telephone calls containing death threats); 95. Miryam Espinal, wife of Rommel Gómez (telephone calls containing death threats).
On August 7, 2009, the IACHR decided to further amplify the PM 196-09 precautionary measures to protect:
96. Gerson Evelar Vilches Almendares, disappeared. According to information received, Almendares was last seen in the custody of agents of the State who had presumably detained him; 97. Eduardo Castañeda Perdomo, lawyer. Information received indicated that he had been followed by members of the military, and his house had been raided by members of the armed forces; 98. Norma Estela Mejía, vice president of the Sitrajerzeesh Union, which is affiliated with the Central General de Trabajadores (CGT). She had allegedly received death threats because of her opposition to the coup d'état; 99. Daniel Durón, national leader of the Central General de Trabajadores (CGT). He had allegedly received death threats, including text messages sent to his cellular phone. 100. Evangelina Argueta, leader of the Central General de Trabajadores (CGT), who had allegedly received death threats via telephone because of her opposition to the coup d'état.
On August 17, 2009, precautionary measures were granted for:
101. Nelly Guadalupe Doblado Guevara; 102. Justo Pastor Henríquez; 103. Children of Justo Pastor Henríquez and Nelly Guadalupe Doblado Guevara (they were not named individually in the communication, but according to information they provided, the couple have three children); 104. Edy René Doblado Guevara;
On August 21, 2009, it was communicated to the State of Honduras that precautionary measures were being amplified for:
105. Hedme Castro.
On September 4, 2009, precautionary measures were again amplified. At that time, the following were incorporated as beneficiaries of the measures:
106. Ariel Vargas, First Secretary of the Embassy of Venezuela in Honduras; 107. José Francisco Funes Rodríguez, Minister of the National Agrarian Institute; 108. Marco Tulio Cartagena Santos, Vice Minister of the National Agrarian Institute; 109. Ariel Murillo Selva Reina, Deputy Secretary of State in the Office of Agriculture and Ranching in the cabinet of President Zelaya; 110. José Edgardo Castro Rodríguez; 111. Mabel Carolina López; 112. Nelson Gustavo Rivera; 113. Nery Argentina Rivera López; 114. Ricardo Antonio Medina Ordóñez; 115. Nohemy Lizeth Carias Girón; 116. Milton Omar Ávila Benítez.
On September 23, 2009, a new amplification of the precautionary measures was granted for:
117. President Manuel Zelaya Rosales; 118. The family of President Manuel Zelaya Rosales; 119. Officials of the cabinet of President Manuel Zelaya Rosales; 120. Any Brazilian diplomatic officials in the Embassy of Brazil in Tegucigalpa; 121. Any staff members in the Embassy of Brazil in Tegucigalpa.
On October 16, 2009, a further expansion of the precautionary measure was requested in favor of:
122. Alex Eduardo Sorto Ortiz; 123. Osmin David Valle Castillo; 124. Yuris Espinoza; 125. Jonathan Pastrana Pineda; 126. Luis Alexis Vallecillos Maradiaga; 127. Media workers for Channel 36, Radio La Catracha, Radio Cholusat Sur, and Radio Globo, and the right to information of Honduran society.
On October 23, 2009, a further expansion of the precautionary measure was requested for:
128. Sandra Janeth Andino Amador; 129. Gamaliel Francisco Urbina.
On November 17, 2009, a further expansion of the precautionary measure was requested for:
130. Antonia Damary Coello Mendoza; 131. A group that includes 17 members of COFADEH and their immediate families.
On November 30, 2009, a further expansion of the precautionary measure was requested for:
132. Gregorio Ulises Sarmiento Galindo and his immediate family.
On December 23, 2009, a further expansion of the precautionary measure was requested for:
133. Emerson Yovany Martínez Amaya and his immediate family.
On December 31, 2009, a further expansion of the precautionary measure was requested for:
134. César Omar Silva Rosales
MEXICO
PM 120/09 – Marcelino Coache Verano and his family
41. On May 8, 2009, the IACHR granted precautionary measures for Mr. Marcelino Coache Verano and his family, in Mexico. The request seeking precautionary measures alleges that Mr. Coache Verano, a social leader and member of the union Sindicato Libre de Empleados y Trabajadores al Servicio del Municipio de Oaxaca de Juárez, as well as his family, have been targets of threats and harassment since 2007. It adds that in March 2009, Mr. Coache Verano was intercepted by strangers, who led him to an unknown place, where they burned him with cigars in sensitive parts of his body. Moreover, the request alleges that the family of Mr. Coache Verano has received threats by telephone in April 2009. The Inter-American Commission asked the State of Mexico to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to inform the IACHR about any actions taken to eliminate the risk factors to the beneficiaries.
PM 192/09 – Lydia Cacho and others
42. On August 10, 2009, the IACHR granted precautionary measures for Ms. Lydia Cacho, her family and employees of the Integral Center for the Attention of Women (CIAM) of Cancun, Mexico. The request seeking precautionary measures alleges that between July 17 and 30, 2009, strangers had been around her residence and had taken pictures, and that on August 5, 2009, Ms. Cacho received death threats. It adds that CIAM employees have recently received death threats and that Lydia Cacho had refrained from adding comments to her personal blog due to the threats received through it. The Inter-American Commission asked the State of Mexico to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to inform the IACHR about actions taken to investigate the facts that led to the adoption of precautionary measures.
PANAMA
PM 56/08—Ngöbe Indigenous Communities et al.
43. On June 18, 2009, the IACHR granted precautionary measures for members of the indigenous communities of the Ngöbe people, who live along the Changuinola River in the province of Bocas del Toro, Panama. The request for precautionary measures alleges that in May 2007, a 20-year concession was approved for a company to build hydroelectric dams along the Teribe-Changuinola River, in a 6,215-hectare area within the Palo Seco protected forest. It adds that one of the dams authorized to be built is the Chan-75, which has been under construction since January 2008 and which would flood the area in which four Ngöbe indigenous communities have been established—Charco la Pava, Valle del Rey, Guayabal, and Changuinola Arriba—with a population of approximately 1,000 people. Another 4,000 Ngöbe people would also be affected by the construction of the dam. They allege that the lands affected by the dam are part of their ancestral territory and are used to carry out their traditional hunting and fishing activities. The Inter-American Commission believed that precautionary measures should be granted to avoid irreparable harm to the right to property and security of the Ngöbe indigenous people in the province of Bocas del Toro. The IACHR requested that the State of Panama suspend construction and other activities related to the concession until the bodies of the inter-American human rights system can adopt a final decision on the matter raised in Petition 286/08, which alleges violations of the rights protected under Articles 5, 7, 8, 13, 19, 21, 23, and 25 of the American Convention on Human Rights. The IACHR also asked the State of Panama to adopt the measures necessary to guarantee the free circulation as well as the life and physical integrity of the members of the Ngöbe community, in order to prevent acts of violence or intimidation measures.
PM 118/09 – Naso Indigenous People of the Bocas del Toro Region
44. On November 30, 2009, the IACHR granted precautionary measures to protect the life and physical integrity of Naso People leaders Eliseo Vargas, Tony Vargas, Oscar Vargas, Lupita Cargas, Marcial Gamarra, and Lucho Gamarra; to prevent the continuation of collective forced evictions and/or removal of dwellings; and to guarantee the free circulation and security of the Naso Indigenous People of the Bocas del Toro Region in Panama. The request for precautionary measures alleges that on March 30, 2009, police and employees of the Ganadera Bocas company arrived at the Naso community of San San Druy to execute an eviction order. According to the information received, the police agents proceeded to violently evict the families that occupied the land in conflict with the company, throwing tear gas bombs where there were children and destroying some 30 houses, the Naso cultural center, the school, the church, and other community facilities. The request indicates that the indigenous people who were evicted had installed themselves in encampments and that agents of the National Police had surrounded several Naso communities and used roadblocks to restrict the free movement of community members, which impeded the delivery of food and water to the people inside the camp. It adds that on April 15, 16, and 17, 2009, Ganadera Boca employees escorted by police agents allegedly fired gunshots into the air and knocked down six houses and the community's encampment. It was also reported that on October 2, 2009, approximately 40 heavily armed police arrested eight Naso indigenous people, including Eliseo Vargas and Lucho Gamarra, who were conducting a peaceful protest in front of the Cathedral Plaza. These individuals were reportedly freed on October 4. The information adds that on November 19, 2009, presumably without a court order, some 200 police agents arrived at the Naso communities of San San and San San Druy and threw tear gas bombs, and employees of the Ganadera Bocas company allegedly knocked down several houses with their equipment. The IACHR asked the State of Panama to take the measures necessary to prevent the continuation of collective forced evictions and/or removal of dwellings of the Naso indigenous people; provide emergency health care and housing to the members of these communities who were victims of eviction and of the destruction of homes, crops, and animals; adopt the measures necessary to preserve the life and physical integrity of the beneficiaries; guarantee the free movement and security of the members of the Naso Indigenous People so that they do not become targets of new acts of violence or intimidating measures; and investigate the facts that led to the adoption of these precautionary measures.
PERU
PM 10/09 – Wong Ho Wing, Peru
45. On March 31, 2009, the IACHR granted precautionary measures for Wong Ho Wing, in Peru. The request for precautionary measures alleges that Mr. Wong Ho Wing had been subject to extradition proceedings at the request of the People’s Republic of China, and that the Peruvian courts had ruled that the extradition was justified, even though the crime for which he would be tried in China could carry a death sentence. The petitioner states that the assurances given by the People’s Republic of China are not sufficient to guarantee that such a sentence would not be applied. The Inter-American Commission requested that the Peruvian State refrain from extraditing Mr. Wong Ho Wing until the IACHR has ruled on the petition pending before the IACHR, and that it report on the implementation of this measure as soon as possible.
TRINIDAD AND TOBAGO
PM 80/09 – Ronald John
46. On April 6, 2009, the IACHR granted precautionary measures for Mr. Ronald John, who is deprived of liberty awaiting enforcement of the death penalty for the alleged commission of a crime in 2002.
47. The precautionary measures were issued in the context of a petition on the alleged violation of the rights enshrined in Articles I, XVIII and XXVI of the American Declaration by the State of Trinidad and Tobago. The petition, which is being processed by the Commission, alleges irregularities in the arbitrary detention, process and sentencing of Mr. John, among other factors. Through the precautionary measures, the Commission asked the State of Trinidad and Tobago 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.
PM 78/09 – Ronald Tiwarie
48. On April 3, 2009, the IACHR granted precautionary measures for Mr. Ronald Tiwarie, who is deprived of liberty awaiting enforcement of the death penalty for the alleged commission of a crime in 2001. The precautionary measures were issued in the context of a petition on the alleged violation of the rights enshrined in Articles I, II, XVIII and XXVI of the American Declaration. This petition, which is being processed by the Commission, alleges irregularities during the proceedings and in the sentencing of Mr. Tiwarie, among other factors. Through the precautionary measures, the Commission asked the State of Trinidad and Tobago 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.
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