E.       Petitions and cases submitted to the Inter-American Court of Human Rights

 

1.         Provisional measures

 

887.          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.

 

888.          The following is a summary of the 41 provisional measures in force during the period covered by this report, according to the country ordered to implement them.  The number of measures required from the states does not tally with the number of persons those measures were intended to protect.

 

a.          Argentina

 

Millacura Llaipén et al.

 

889.          On June 20, 2006, the Commission submitted a request to the Inter-American Court seeking provisional measures to require the State protect the life and humane treatment 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 in a case submitted to the Commission and at the time of the acts alleged in her petition and in her quest for justice, she, her next of kin and her attorneys have been the targets of intimidation and aggression.

 

890.          Over the year 2009, the Commission periodically submitted its observations on the State’s reports regarding these measures.

 

Mendoza Prisons

 

891.          In 2009, the Commission presented information and comments related to these provisional measures ordered by the Court on November 22, 2004.  The main purpose of those measures is to protect the life and integrity of all persons held in custody in the Mendoza Provincial Prison and those in the Gustavo André Unit at Lavalle, as well as every person found within the walls of those facilities. 

 

892.          Over the year 2009 the Commission submitted observations on the State’s reports regarding these measures. In addition, in November 2009 the Commission submitted a report on the visit made to the prisons by the Rapporteur on the Rights of Persons Deprived of Liberty.

 

b.         Barbados

 

Tyrone DaCosta Cadogan

 

893.          On October 31, 2008, the Commission submitted a request to the Court seeking provisional measures to protect the life and physical integrity of Mr. Tyrone DaCosta Cadogan, a prisoner on death row in Barbados, until such time as the Inter-American Court rules on the violations alleged by the Commission in the application it filed with the Inter-American Court that same day.  On November 4, 2008, the President ordered urgent measures on Mr. Cadogan’s behalf and asked the State and the other parties to submit their comments, which have been reported in due course.  On December 2, 2008, the Court en banc confirmed the President’s order and ordered provisional measures on behalf of Mr. Cadogan. 

 

894.          The Court handed down its judgment on preliminary objections, merit, reparations, and costs on September 24, 2009, in which it lifted the provisional measures because “the State’s obligations within the framework [of same], particularly the obligation to refrain from executing Mr. DaCosta Cadogan, are superseded by those that ordered in the […] Judgment.”

 

c.         Brazil

 

Urso Branco Prison

 

895.          In 2009, the Commission presented writings and comments in connection with the provisional measures ordered on June 18, 2002, on behalf of the persons held in custody in the José Mario Alves Detention Center –known as the “Urso Branco Prison”.

 

 

896.          The President of the Court issued an order on August 17, 2009, convening the parties to a public hearing at the Court’s headquarters on September 30, 2009. The order is available at: http://www.corteidh.or.cr/docs/medidas/urso_se_07_portugues.pdf (in Portuguese) and at: http://www.corteidh.or.cr/docs/medidas/urso_se_071.pdf (in Spanish).

 

897.          A public hearing was held on September 30, 2009, during the Court’s 84^th regular session, to receive up to date information from the parties regarding the implementation of these measures; participating were the Commission, the beneficiaries’ representatives, and the State.

 

898.          The Court issued an order on November 25, 2009 confirming the obligation on the part of the State with respect to these provisional measures. The order is available at: http://www.corteidh.or.cr/docs/medidas/urso_se_08_portugues.pdf (in Portuguese) and at: http://www.corteidh.or.cr/docs/medidas/urso_se_08.pdf (in Spanish).

 

            d.         Colombia

 

19 Merchants

 

899.          Throughout 2009, the Commission submitted periodic comments on the reports that the State filed in connection with these provisional measures.  The Court ordered these measures on September 3, 2004, in response to a request from the Commission and for the purpose of protecting the life and humane treatment of Mrs. Sandra Belinda Montero (next of kin of two victims in the case; see “Contentious Cases,” below) and her family.

 

900.          The President issued an order on November 26, 2008 convening a public hearing for the purpose of informing the Court regarding the implementation and effectiveness of the provisional measures as well as regarding the request made by the State for them to be lifted. The aforementioned private hearing was held on January 20, 2009.

 

901.          The Court issued an order on July 8, 2009, confirming the State’s obligation to comply with these provisional measures; it also declared them to be henceforth inapplicable to some of the beneficiaries, who had left the country. The order can be found (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/comerciantes_se_061.pdf.

 

Álvarez et al.

 

902.          In 2009 the Commission submitted to the Court its periodic comments on the reports presented by the Colombian State on the provisional measures ordered in this matter.  The measures were ordered at the Commission’s request, for the purpose of protecting the humane treatment of the members of the Association of Relatives of Detainees-Disappeared Persons of Colombia.  The Court originally ordered these provisional measures on July 22, 1997.

 

Caballero Delgado and Santana

 

903.          Over the year 2009 the Commission submitted its observations on the reports made by the Colombian State regarding these measures.

 

904.          It is worth noting that it was December 7, 1994 when the Court first ordered provisional measures in this case at the Commission’s request, to protect some of the witnesses who, in the case being litigated before the Court at the time (see below), were giving testimony concerning the responsibility of agents of the State.

 

905.          The President of the Court issued an order on December 8, 2009 convening the parties to a public hearing to be held at the Court’s headquarters on January 29, 2010. The order can be found (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/caballero_se_09.pdf

 

San José de Apartadó Peace Community

 

906.          These measures were ordered by the President of the Court, at the Commission’s request, on October 9, 2000, to protect the humane treatment of the members of the San José de Apartadó Peace Community and of persons providing it services. 

 

907.          Over the year 2009, the Commission submitted its observations to the Court on the reports by the Colombian State and the representative of the beneficiaries regarding these measures.

 

Community Council of Jiguamiandó and the Curbaradó families

 

908.          These measures were ordered by the Court on March 6, 2003, at the Commission’s request, for the purpose of protecting the rights to life and to residence in the territory of the members of the Community Council of Jiguamiandó and the Curbaradó families. Over the year 2009, the Commission submitted its observations to the Court on the reports by the Colombian State and the representatives of the beneficiaries. It also submitted a report on a working visit made in November 2008 by the Commissioner/Rapporteur for Colombia.

 

Giraldo Cardona

 

909.          At the Commission’s request, the Court ordered measures in the matter of Giraldo Cardona on October 28, 1996, to protect the life and humane treatment of the members of the Meta Civic Committee of Human Rights and to enable them to continue their work.  The beneficiaries were alleged to have been victims of threats, harassment and persecution.  On November 29, 2006, the Court issued an order in which it reiterated that the provisional measures ordered for the beneficiaries remained in effect. That order is available at: http://www.corteidh.or.cr/docs/medidas/giraldo_se_09_ing.doc. 

 

910.          Over the year 2009, the Commission submitted periodically its observations on the State’s reports regarding these measures.

 

Gutiérrez Soler

 

911.          Over 2009, the Commission periodically submitted its observations on the State’s reports regarding these measures, ordered by the Court on March 11, 2005 for the purposes of: a) protecting the life, humane treatment and personal liberty of Mr. Ricardo Gutiérrez Soler and his next of kin, i.e., his mother, Ms. 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 Ms. Yaqueline Reyes, and b) protecting the life, humane treatment and personal liberty of Mr. Wilson Gutiérrez Soler and his son Kevin Daniel Gutiérrez Niño, should they return to Colombia.  See contentious cases, infra.

 

912.          On December 3, 2009, the President issued an order convening a hearing for the Inter-American Court to be informed on the implementation and effectiveness of the provisional measures. The aforementioned private hearing was held on January 20, 2009.

 

913.          The Court issued an order on July 9, 2009, confirming the obligation on the part of the State regarding these provisional measures. The order can be found (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/gutierrez_se_03.pdf

 

La Rochela

 

914.          On October 24, 2009 the victims’ representatives submitted to the Court a request for provisional measures, for Colombia to protect the life and humane treatment of Esperanza Uribe Mantilla, Luz Nelly Carvajal, and Paola Martínez Ortiz and their next of kin, who are victims in the Rochela Massacre (see infra). The request for measures was based on the following facts: (i) AUC pamphlets were delivered at the homes of Mmes. Paola Martínez Ortiz, Nely Carvajal Londoño and Esperanza Uribe Mantilla threatening them and declaring that they were a military objective, and (ii) that said mmes. had been subject to threats and harassment.

 

915.          On November 19, 2009, the Court handed down an order for the State to adopt provisional measures in favor of the aforementioned persons. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/rochela%20_se_02.pdf.

 

Mapiripán Massacre

 

916.          Over the year 2009 the Commission periodically submitted its observations to the State’s reports regarding the measures originally ordered by the President of the Court on February 4, 2005 to protect the life and humane treatment 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, infra.

 

917.          On November 26, 2008, the President of the Court issued an order in which she convened the Inter-American Commission, the Colombian State and the representatives of the victims’ next of kin for a private hearing, to be held at the seat of the Inter-American Court on January 20, 2009.  At the hearing, the Court will hear the State’s report concerning compliance with the judgment delivered in the contentious case and the comments of the Inter-American Commission and the representatives of the victims’ next of kin on the State’s report.  It will also receive information on the implementation and effectiveness of the provisional measures it ordered and the possibility of their being lifted. 

 

918.          On January 19, 2009, the Court held a private hearing with the purpose of obtaining information from the State on compliance with the judgment in the instant case, and to hear related observations of the Inter-American Commission and the representatives.

 

Mery Naranjo et al.

 

919.          By an order dated July 5, 2006, the Court required the State, inter alia, to adopt the measures necessary to protect the rights to life and to humane treatment 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 the work they do, the two women have been threatened and attacked by agents of the State and civilians identified with paramilitary groups.

 

920.          Over the year 2009, pursuant to the Court’s mandate, the Commission submitted information and observations regarding these provisional measures.

 

Kankuamo Indigenous People

 

921.          In 2009 the Commission regularly presented its comments on the State’s reports concerning the measures ordered on July 5, 2004, for members of the Kankuamo indigenous people, to protect their lives, humane treatment, cultural identity and special relationship to their ancestral lands.

 

922.          On April 3, 2009, the Court handed down an order confirming the obligation on the part of the State with respect to these provisional measures. The text of the order can be found (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/kankuamo_se_03.pdf

 

            e.         Dominican Republic

 

Haitians and Dominicans of Haitian origin in the Dominican Republic

 

923.          In 2009 the Commission expressed concern over the lack of information.  It also submitted its periodic comments to the State’s reports on the measures adopted for the beneficiaries of the provisional measures ordered, all of whom are Haitians or Dominicans of Haitian origin subject to the jurisdiction of the Dominican Republic and who face the threat of collective “expulsion” or “deportation.”  The Court ordered those measures on August 18, 2000.

 

924.          On February 2, 2006, the Court issued an order in which it expanded the scope of the protective measures ordered back on August 18, 2000, and resolved that the State was to keep the measures already ordered in place and make immediate provision for any other measures needed to effectively protect the beneficiaries’  lives and humane treatment.  The text of the order is available at: http://www.corteidh.or.cr/docs/medidas/haitianos_se_06_ing.doc.

 

925.          The President handed down an order on May 19, 2008 convening a hearing for the Inter-American Court to be informed on the implementation and effectiveness of the provisional measures. The aforementioned private hearing was held by the Court on July 8, 2009.

 

f.          Ecuador

 

Sarayaku Indigenous People

 

926.          In 2009, the Commission submitted its 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, humane treatment, their right to freedom of movement and their special relationship to their ancestral lands. In its comments the Commission specifically observed that the situation that justified the adoption of provisional measures still exists, particularly the need to remove explosive materials from the indigenous people’s lands.

 

927.          The measures were confirmed on June 17, 2005, subsequent to a public hearing held with the parties in Asunción, Paraguay, on May 11, 2005.  The orders in question are available at the following links: http://www.corteidh.or.cr/docs/medidas/sarayaku_se_02.doc  (in Spanish) and http://www.corteidh.or.cr/docs/medidas/sarayaku_se_01_ing.doc.

 

g.         El Salvador

 

Gloria Giralt de García Prieto et al.

 

928.          In 2009, the Commission submitted periodic comments to the Court on the Salvadoran State’s reports regarding the measures ordered by the Court on September 26, 2006 at the Commission’s request.  The provisional measures were ordered to protect the lives and humane treatment of some of Mr. Ramón Mauricio García Prieto Giralt’s next of kin and some of his legal advisors and members of the Human Rights Institute of the Central American University.  These measures are in connection with the case being litigated before the Court and decided by the Court in its judgment on preliminary objections, merits, reparations and costs, dated November 20, 2007 (see “Contentious Cases”, below).  The text of the order for these provisional measures is available at: http://www.corteidh.or.cr/docs/medidas/giralt_se_03_ing.doc.

 

929.          Concerning the fact that the provisional measures remained in force subsequent to the issuance of the judgment on the merits, see, also, the judgment on interpretation that the Court delivered on November 24, 2008.

 

Major Meléndez Quijano et al.

 

930.          In 2009, the Commission submitted to the Court periodic comments on the Salvadoran State’s reports on the provisional measures the Court ordered on May 12, 2007 at the Commission’s request. The text of the order of provisional measures is available at: http://www.corteidh.or.cr/docs/medidas/melendez_se_02_ing.doc. 

 

h.         Guatemala

 

Bámaca Velásquez

 

931.          In 2009, the Commission submitted information and comments on the provisional measures originally ordered on June 30, 1998, and whose purpose today is to protect the life and humane treatment of the following persons: 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 make their permanent home in 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 family of Mr. Otoniel de la Roca Mendoza who make their permanent home in Guatemala, pursuant to the terms of the Court’s most recent order, issued on March 11, 2005, confirming that the measures are to remain in force.  See “Contentious Cases,” below.

 

932.          On November 11, 2008, the President handed down an order convening a hearing for the purpose of informing the Inter-American Court regarding the implementation and effectiveness of the provisional measures, as well as regarding the request for the lifting of these measures submitted by the State. The aforementioned private hearing was held on January 20, 2009.

 

933.          On January 27, 2009 the Court handed down an order confirming the obligation on the part of the State regarding these provisional measures. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/bamaca_se_10.pdf.

 

Carpio Nicolle

 

934.          In 2009, the Commission supplied information and comments in connection with the provisional measures ordered in this case since July 4, 1995.  The purpose of the measures was, inter alia, to protect the lives and humane treatment 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.

 

935.          On November 18, 2008, the President handed down an order convening a hearing for the purpose of informing the Inter-American Court regarding the implementation and effectiveness of the provisional measures, as well as regarding the request for the lifting of these measures submitted by the State. The aforementioned private hearing was held on January 20, 2009.

 

936.          On July 6, 2009 the Court handed down an order confirming the obligation on the part of the State with respect to these provisional measures.  The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/carpio_se_13.doc

 

Guatemalan Forensic Anthropology Foundation 

 

937.          At the Commission’s request, on July 4, 2006 the Court ordered provisional measures to protect the life and humane treatment of the members of the Guatemalan Forensic Anthropology Foundation and the next of kin of its Executive Director, Mr. Fredy Armando Peccerelli Monterroso.  Since then, the Commission has presented its comments on the information supplied, and has requested the Court to order the State to implement, immediately and effectively, all measures necessary to protect the life and humane treatment of the beneficiaries.  The text of the July 4 order is available at: http://www.corteidh.or.cr/docs/medidas/antropo_se_02_ing.doc.

 

938.          On January 26, 2009, the Court handed down an order confirming the obligation on the part of the State regarding these provisional measures. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/antropo_se_05.pdf

 

Helen Mack et al.

 

939.          In 2009, the Commission submitted periodic comments on the State’s reports.  The provisional measures were ordered on August 26, 2002, to protect the life and humane treatment of the family of Mrs. Myrna Mack Chang and the members of the Myrna Mack Foundation, Mrs. Iduvina Hernández and Mr. Jorge Guillermo Lemus Alvarado and their families.  See “Contentious Cases,” below.

 

940.          On January 26, 2009, the Court handed down an order confirming the obligation on the par of the State regarding these provisional measures and lifted them for three beneficiaries. The order is available at: http://www.corteidh.or.cr/docs/medidas/mackchang_se_05_ing.pdf

 

941.          On August 14, 2009, the President handed down an order summoning the parties to a private hearing to be held at the Court’s headquarters on October 1, 2009.

 

942.          A public hearing was held on October 1, 2009, during the Court’s 84th regular session, for it to receive updated information from the parties on the process of implementation of these measures; participating were the Commission, the beneficiaries’ representatives, and the State.

 

943.          The Court handed down an order on November 16, 2009, in which it confirmed the obligation on the part of the State regarding these provisional measures, and lifted them for some beneficiaries. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/mackchang_se_06.pdf

 

Plan de Sánchez Massacre (Community Studies and Psychosocial Action Team “ECAP”)

 

944.          In 2009, 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 humane treatment of the members of the NGO “Community Studies and Psychosocial Action Team” (ECAP), who are assisting with the process of securing reparations for the victims and survivors of the Plan de Sánchez Massacre (see “Contentious Cases,” below). On November 25, 2006, the Court issued an order fully confirming the order of October 20, 2006, in which the President of the Court granted the requested measures. The text of the orders can be found at: http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_04.doc (in Spanish) and http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_05_%20ing.doc.

 

945.          The Court handed down an order on July 8, 2009, lifting the provisional measures. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_07.pdf

 

            Raxcacó et al.

 

946.          In 2009, the Commission continued to submit its periodic comments on the State’s reports concerning the provisional measures that the Court ordered in this matter on August 30, 2004, to stay the execution of the death penalty that the Guatemalan courts imposed on Bernardino Rodríguez Lara (the current beneficiary). The provisional measures are intended to protect his life and humane treatment until such time as the proceedings on his case within the inter-American system are completed..  On May 9, 2008, the Court issued an order in which it confirmed the State’s obligations vis-à-vis these provisional measures.  It also decided that the measures need not be expanded to include other persons sentenced to death in Guatemala. The text of the order is available at the following link:  http://www.corteidh.or.cr/docs/medidas/Raxcaco_se_07_ing.doc.   

 

i.           Haiti

 

A.J. et al.

 

947.          The Inter-American Commission submitted a request for provisional measures on August 14, 2009, for Haiti to protect the life and humane treatment of A. J., of her mother, J. L., and four persons, members of the organization Action Citoyenne pour le Respect des Droits Humains [Citizen Action for the Respect of Human Rights]. The request for these measures was based, inter alia, on the following facts: (i) A. J. had been raped by a police officer when she was visiting her father who was in custody. (ii) After the rape was reported, the aforementioned persons were the victims of several acts of harassment and persecution by police officers. (iii) After precautionary measures were granted by the Commission, A. J., her family and ACREDH continued to be threatened and harassed.

 

948.          On August 24, 2009, the President of the Court handed down an order for urgent measures to be taken to protect the life and integrity of A. J., J. L., Sterlin Joudain, Michelet Laguerre, Pierre Luc Sael and André Junior Laurore. The text of this order can be found (in French) at: http://www.corteidh.or.cr/docs/medidas/aj_se_01_fr.pdf  and (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/aj_se_01.pdf.  On September 21, 2009, the Court ratified the President’s order and expanded the measures to include the next of kin of Sterlin Joudain, Michelet Laguerre, Pierre Luc Sael and André Junior Laurore. The text of the order can be found (in French) at: http://www.corteidh.or.cr/docs/medidas/aj_se_02_fr.pdf and (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/aj_se_02.pdf

 

j.          Honduras

 

López Álvarez et al.

 

949.          During 2009 the Commission submitted its comments on the provisional measures the Court ordered on September 21, 2005, to protect the life and humane treatment of Mr. Alfredo López Álvarez, Mrs.  Teresa Reyes Reyes and Mrs. Gregoria Flores Martínez, and the latter’s mother and children. The beneficiaries had appeared at a hearing held by the Court on June 28, 2005, as witnesses in the case of López Álvarez et al.See “Contentious Cases,” below. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/lopez_se_01.doc.

 

950.          On January 26, 2009, the Court handed down an order lifting the provisional measures. The text of the order is available at: http://www.corteidh.or.cr/docs/medidas/lopez_se_02_ing.pdf.

 

Kawas Fernández

 

951.          At the request of the representatives of the victim and her next of kin in the case of Kawas Fernández, which is now before the Inter-American Court, on November 29, 2008 the Court issued an order for provisional measures in which it called upon Honduras to adopt forthwith whatever measures are needed to effectively protect the life and humane treatment of Dencen Andino Alvarado and to guarantee that he will not be persecuted or threatened for testifying in the investigation  conducted by the authorities into the murder of Blanca Jeannette Kawas Fernández.  The order in question is available (in Spanish) at the following link: http://www.corteidh.or.cr/docs/medidas/kawas_se_01.doc.

 

952.          Over the year 2009 the Commission submitted its observations regarding these provisional measures.

 

            k.         Mexico

 

Inés Fernández Ortega et al.

 

953.          On April 7, 2009 the Commission submitted a request to the Court for provisional measures in favor of Inés Fernández Ortega and her next of kin, Obitlia Eugenio Manuel and her next of kin, 41 members of the Organización del Pueblo Indígena Tlapaneco [Indigenous Organization of the Tlapanec People], 29 members of the Organización de la Montaña Tlanichollan [Organization of the Tlachinollan Mountain], as well as the next of kin of Mr. Raúl Lucas Lucía and Mr. Manuel Ponce Rosas. This request was based, inter alia, on the facts that (i) the Mexican State had not adequately implemented the necessary measures to protect the life and humane treatment of the beneficiaries of the precautionary measures, and had not been fully diligent regarding the duty to investigate the facts that motivated it, (ii) the beneficiaries and the next of kin of defenders who had been made to disappear and executed had received death threats and harassment, and (iii) state agents had made statements against human rights defenders.

 

954.          On April 9, 2009, the President of the Court handed down an order for urgent measures in favor of Inés Fernández Ortega et al.This order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/fernandez_se_01.pdf On April 30, 2009, the Court confirmed the urgent measures. This order is available at: http://www.corteidh.or.cr/docs/medidas/
fernandez_se_02_ing.pdf Subsequently the Commission submitted its observations on the provisional measures.

 

Pérez Torres et al. ("Campo Algodonero")

 

955.          The aforementioned provisional measures are related to the contentious case of González et al.(see infra). On April 23, 2009 the representatives petitioned the Court to order provisional measures to guarantee the life and safety of the witness Pérez Torres and her next of kin, since there were “grounds for fear and grave imminent danger due to said testimony.”

 

956.          On April 24, 2009 the President of the Court handed down an order for urgent measures in favor of Rosa Isela Pérez Torres and her immediate next of kin. This order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/algodonero_se_021.pdf.  On July 6, 2009, the Court ratified the urgent measures. This order is available at: http://www.corteidh.or.cr/docs/medidas/
algodonero_se_01_ing.pdf Subsequently the Commission submitted its observations regarding the provisional measures.

 

l.          Peru

 

Gómez Paquiyauri

 

957.          At the Commission’s request, the Court ordered provisional measures in the Case of Gómez Paquiyauri (see “Contentious Cases,” below) to protect the life and humane treatment of the following: Ricardo Samuel Gómez Quispe, Marcelina Paquiyauri Illanes de Gómez, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri, Jacinta Peralta Allccarima, Ricardo Emilio, Carlos Pedro, and Marcelina Haydée, all by the surname Gómez Paquiyauri, and the minor Nora Emely Gómez Peralta.  The Court also decided to order the State to adopt forthwith the measures necessary to protect the life and humane treatment of Mr. Ángel del Rosario Vásquez Chumo and the members of his family.

 

958.          On January 22, 2009 the Court handed down an order lifting the provisional measures that had been mandated by the Inter-American Court of Human Rights in its orders of May 7, 2004, September 22, 2006, and May 3, 2008, regarding Mr. Ángel del Rosario Vásquez Chumo and his next of kin. The text of this order can be found at: http://www.corteidh.or.cr/docs/medidas/gomez_se_04_ing.pdf

 

Ramírez Hinostroza et al.

 

959.          In 2009, the Commission continued to submit its comments regarding the measures the Court ordered in this case back on September 21, 2004, to protect the life and humane treatment of Mr. Luis Alberto Ramírez Hinostroza, his family and his attorneys.  The text of the most recent order, dated May 17, 2007, is available at: http://www.corteidh.or.cr/docs/medidas/Ramirez_se_02_ing.doc.   

 

m.        Trinidad and Tobago

 

Dottin et al.(before James et al.)

 

960.          On April 3, 2009, the Court handed down an order lifting the provisional measures regarding the following beneficiaries: Wenceslaus James, Anthony Garcia, Darrin Roger Thomas, Haniff Hilaire, Denny Baptiste, Wilberforce Bernard, Naresh Boodram, Clarence Charles, Phillip Chotolal, George Constantine, Rodney Davis, Natasha De Leon, Mervyn Edmund, Alfred Frederick, Nigel Mark, Wayne Matthews, Steve Mungroo, Vijay Mungroo, Wilson Prince, Martin Reid, Noel Seepersad, Gangadeen Tahaloo, Keiron Thomas, Samuel Winchester, Peter Benjamin, Amir Mowlah, Allan Phillip, Krishendath Seepersad, Narine Sooklal, Mervyn Parris y Francis Mansingh, and substituted the examination of the State’s obligations as to these victims with the assessment applicable within the framework of the supervision of compliance with the Hilaire, Constantine and Benjamin et al.Judgment. The Court also decided to maintain the measures to protect the life and humane treatment of eight persons who were not part of the case of Hilaire, Constantine and Benjamin et al.for an additional period of at least six months, after which the Court would examine the possibility of lifting them.

 

n.         Venezuela

 

Carlos Nieto Palma et al.

 

961.          On January 26, 2009 the Court handed down an order lifting the provisional measures. The order is available at: http://www.corteidh.or.cr/docs/medidas/nieto_se_05_ing.pdf

 

Eloisa Barrios et al.

 

962.          In 2009, the Commission submitted to the Court information and comments concerning the provisional measures ordered in this matter.  At the Commission’s request, the Court ordered provisional measures on November 23, 2004, to protect the life and humane treatment of the following persons: Eloisa Barrios, Jorge Barrios, Rigoberto Barrios, Oscar Barrios, Inés Barrios, Pablo Solórzano, Beatriz Barrios, Caudy Barrios, Carolina García and Juan Barrios, all eye witnesses and/or complainants in the investigations into the murder of Narciso Barrios.  The parties alleged to be responsible for the murder are agents of the State.  In 2005, while the provisional measures were in effect, Rigoberto Barrios was shot nine times and killed. In addition, on November 28, 2009, Oscar Barrios was allegedly murdered by police officers of the State of Aragua.

 

Guerrero Gallucci and Martínez Barrios

 

963.          The Commission submitted, over the year 2009, information and observations regarding the provisional measures pertaining to this matter, adopted on July 4, 2006 at the Commission’s request for said measures on behalf of Ms. María del Rosario Guerrero Gallucci and Mr. Adolfo Segundo Martínez Barrios. In its order, the Court required the State to immediately adopt the necessary provisional measures to protect the rights to life and humane treatment of Ms. Guerrero Gallucci and Mr. Martínez Barrios; to investigate the facts that prompted the adoption of these measures of protection and to take the appropriate steps for these measures to be planned and implemented with the participation of the beneficiaries or their representatives. On November 29, 2007, the Court handed down an order in which it (i) lifted the provisional measures for Mr. Adolfo Segundo Martínez Barrios, (ii) ordered the State to continue to implement the measures it may have adopted and to immediately adopt those necessary to effectively protect the rights to life and to humane treatment of the beneficiary, and (iii) required the State to perform all relevant actions so that the measures of protection ordered be planned and implemented with the participation of the beneficiary or her representatives. This order is available at: http://www.corteidh.or.cr/docs/medidas/guerrero_se_02_ing.pdf

 

Liliana Ortega et al.

 

964.          Over the year 2009 the Commission submitted information and observations regarding the provisional measures related to this matter. On July 9, 2009 the Court handed down an order lifting the provisional measures ordered by the Inter-American Court of Human Rights in its orders of November 27, 2002, February 21, 2003, December 2, 2003, May 4, 2004, March 1, 2005, and June 14, 2005 in favor of Mmes. Liliana Ortega, Hilda Páez [Gilda Páez], Maritza Romero, Aura Liscano [Lizcano] and Alicia de González. The text of the order is available at: http://www.corteidh.or.cr/docs/medidas/ortega_se_06_ing.pdf  

 

Luis Uzcátegui

 

965.          On January 27, 2009 the Court handed down an order deciding to maintain the provisional measures provided for in its November 27, 2002 order for an additional six months starting from the date of notification of same. The text of the decision is available at: http://www.corteidh.or.cr/docs/medidas/uzcategui_se_04_ing.pdf

 

Luisiana Ríos et al.

 

966.          In 2009, the Commission submitted information and comments in connection with the provisional measures the Court ordered for Luisiana Ríos, Armando Amaya, Antonio José Monroy, Laura Castellanos and Argenis Uribe, all of whom work for Radio Caracas Televisión (RCTV) (see “Contentious Cases,” below).

 

Marta Colomina

 

967.          In 2009, the Commission submitted information and comments related to the provisional measures ordered for Marta Colomina.  On July 4, 2006, the Inter-American Court issued an order in which it decided to lift the protective measures in the case of Mrs. Liliana Velásquez.  In that order, it also found that the State had failed to comply with the duty to provide the Court with detailed, specific reports on the implementation of the Court-ordered measures; it reiterated to the State that it must, without delay, adopt any and all measures necessary to protect Mrs. Marta Colomina’s life, physical integrity and freedom of expression; it also ordered the State to continue to involve the beneficiary in the planning and implementation of the protective measures and keep her informed of the progress made with the measures ordered.

 

            The case of the “La Pica” Judicial Detention Center (Monagas)

 

968.          In 2009, the Commission submitted to the Court its periodic comments on the Venezuelan State’s reports concerning the provisional measures requested by the Commission and ordered by the Court on February 9, 2006, to protect the lives and physical integrity of the inmates at the “La Pica” Judicial Detention Center at Monagas. 

 

969.          On August 12, 2009, the President of the Court issued an order convening the parties to a joint public hearing regarding the provisional measures related to the different Venezuelan prisons, to be held at the Court’s headquarters on September 30, 2009. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/lapica_se_04.pdf.  On September 30, 2009, the aforementioned public hearing was held, during the 84^th Regular Session of the Court.

 

         "Globovisión" Television

 

970.          In 2009, the Commission submitted information and comments related to the provisional measures the Commission requested and the Court ordered in this matter on September 4, 2004.  The provisional measures ordered are intended to safeguard and protect the life, physical integrity and freedom of expression of the journalists, executives and other employees at Globovisión, and that of any other persons inside the facilities of that media outlet or who may be directly associated with its news operations.

 

971.          On January 29, 2008, the Inter-American Court issued an order in which it reconfirmed its decision to dismiss a request made by the beneficiaries’ representatives to expand the scope of the order so that it would apply to issues not covered in the original order.  The text of the order is available at the following link: http://www.corteidh.or.cr/docs/medidas/globovision_se_04_ing.doc.  

 

Penitentiary Center of the West-Central Region (Uribana Prison)

 

972.          In 2009, the Commission submitted periodic comments to the Court concerning the Venezuelan State’s reports on the measures requested by the Commission and ordered by the Court on February 2, 2007.  The measures were ordered to protect the lives and physical integrity of the inmates at the Penitentiary Center of the Central Western Region, known as “Uribana.” 

 

973.          On August 12, 2009 the President of the Court handed down an order convening the parties to a joint public hearing regarding the provisional measures related to the different Venezuelan prisons, to be held at the Court’s headquarters on September 30, 2009. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/lapica_se_04.pdf.  On September 30, 2009, the aforementioned public hearing was held, during the 84^th Regular Session of the Court.

 

Yare I and Yare II Capital Region Penitentiary

 

974.          In 2009, the Commission submitted to the Court its periodic comments on the reports filed by the Venezuelan State in connection with these provisional measures.  The latter were requested by the Commission and ordered by the Court on March 30, 2006, to protect the lives and physical integrity of the inmates at the Yare I and Yare II Capital Region Penitentiary.

 

975.          On August 12, 2009 the President of the Court handed down an order convening the parties to a joint public hearing regarding the provisional measures related to the different Venezuelan prisons, to be held at the Court’s headquarters on September 30, 2009. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/lapica_se_04.pdf.  On September 30, 2009, the aforementioned public hearing was held, during the 84^th Regular Session of the Court.

 

El Rodeo I and El Rodeo II Capital Region Judicial Confinement Center

 

976.          On December 17, 2007, the Inter-American Commission on Human Rights filed a request with the Inter-American Court seeking provisional measures, requesting the Court to order the Venezuelan State to protect the inmates at the El Rodeo I and El Rodeo II Capital Region Judicial Confinement Center, and those who visit or work at that prison facility.  The Commission’s request was driven by the presence of grave and imminent danger of irreparable harm to the lives and the humane treatment of inmates, prison staff and visitors.  The Commission observed that in 2006, 86 inmates had been killed and 198 injured in various incidents of violence inside the facility; in 2007, 51 inmates had died and 101 had been injured.  The Inter-American Commission had therefore concluded that the insecurity and violence inside the prison were a severe threat.  As of the date of approval of this report, the order from the Court is still pending.

 

977.          On February 8, 2008, the Inter-American Court ordered the Venezuelan State to take provisional measures to protect the lives and humane treatment of all the inmates at the El Rodeo I and El Rodeo II Capital Region Judicial Confinement Center, and to take particular care to prevent injuries and deaths resulting from violence.  The order in question is available at the following link: http://www.corteidh.or.cr/docs/medidas/rodeo_se_01_ing.doc.

 

978.          Over the year 2009, the Commission periodically submitted to the Court its observations on the reports of the Venezuelan State regarding these provisional measures.

 

979.          On August 12, 2009 the President of the Court handed down an order convening order convening the parties to a joint public hearing regarding the provisional measures related to the different Venezuelan prisons, to be held at the Court’s headquarters on September 30, 2009. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/lapica_se_04.pdf.  On September 30 the aforementioned public hearing was held, during the 84^th Regular Session of the Court.

 

            Humberto Prado and his immediate family

 

980.          On May 16, 2007, the Commission filed a request with the Court seeking provisional measures to protect the lives and physical integrity of human rights defender Humberto Prado and his immediate family, and Mr. Prado’s right to pursue his work of defending and promoting human rights in Venezuela in his capacity as Director of the Venezuelan Observatory of Prisons.

 

981.          On July 13, 2007 and November 29, 2007, the Court informed the parties of its decision to keep the matter under study and to then reassess Mr. Prado’s situation to decide whether provisional measures were in order.

 

982.          The Commission is currently awaiting updated information from Mr. Prado’s representatives and the Court’s decision in this matter.

 

Natera Balboa

 

983.          On November 28, 2009, the Inter-American Commission submitted a request for provisional measures so that Venezuela would protect the life and humane treatment of Eduardo José Natera Balboa. The Commission requested said measures because Mr. Natera Balboa was held at the Centro Penitenciario Región Oriental “El Dorado” [“El Dorado” Eastern Region Penitentiary] in the State of Bolivar, and his whereabouts have remained unknown since November 8, 2009. On this day several members of the National Guard violently conveyed him to a black car. On November 9, 2009 the Tribunal Primero de Ejecución de Sentencias Penales [First Court for Criminal Sentence Enforcement] came to the aforementioned penitentiary and could not verify his presence there. On November 23, 2009 the State reported on some domestic investigations regarding an alleged flight or physical disappearance related to Mr. Natera’s case.

 

984.          On December 1, 2009, the President handed down an order for urgent measures, calling on the State to immediately adopt any necessary measures to establish the situation and whereabouts of Eduardo José Natera Balboa and to protect his life and humane treatment. The aforementioned order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/natera_se_01.pdf

 

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