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PRECAUTIONARY MEASURES 1996
a.
Precautionary Measures issued or extended by the Commission in
1996
On January 24, 1995, the Inter-American Commission on Human
Rights requested the State of Mexico to adopt precautionary measures in
order to protect the life and personal integrity of Mrs. Virginia
Galeana García, witness in Case No. 11.520, Aguas Blancas, whose life
was gravely and imminently threatened.
The request for such measures extended to the other two witnesses
in the case indicated and their family members.
On February 7, 1996, the State of Mexico responded to this
request.
On January 29, 1995, the Inter-American Commission on Human
Rights contacted the State of Mexico and requested exceptional measures
for the protection of Mr. David Fernández Dávalos, Director of the
Miguel Agustin Pro Juarez Human Rights Center, the attorney José
Lavadero Yanez and Rocío Culebro Bahena, Technical Secretary of the
National System of Human Rights Civil Organizations “Every Right For
All”, whose lives and personal integrity were gravely and imminently
threatened. Subsequently,
the Commission requested the Mexican Government to extend and broaden
these measures to other persons. This
situation is being reviewed under Case No. 11.682. The State of Mexico, on February 9, September 10 and October
15, 1996, has sent responses with regard to this case.
On February 17, 1995, the Commission requested the Federal
Republic of Brazil to take urgent precautionary measures to protect the
life and personal integrity of Father Ricardo Rezende, Vicario de Rio
Maria in the State of Parana. On
March 20, 1996, the Commission requested that these measures also extend
to Father Henri des Roziers. Subsequently,
on April 23, 1996, the Commission requested the State of Brazil to
extend the protective measures to Mrs. María da Conceicâo Carneiro and
her family. In August 1996, the Commission reiterated the request for
precautionary measures on behalf of these persons.
On June 1, 1995, the Commission requested the State of Ecuador to
implement precautionary measures on behalf of Mr. Jorge Vásquez Durand
whose case was under review by the Commission under Nº 11.458 and who
had been receiving grave and imminent threats against his person.
The Commission reiterated its concern for the situation of Mr. Vásquez
Durand on October 31, 1995, November 30, 1995 and April 2, 1996.
The State of Ecuador has not responded at any time to the request
for precautionary measures repeatedly submitted by the Commission.
The Inter-American Commission on Human Rights, on November 30,
1995, transmitted to the State of Guatemala a request for precautionary
measures on behalf of César Ovidio Sánchez Aguilar, official of the
Myrna Mack Foundation and of an indigenous peoples’ organization in
Santa Barbara, Huehuetenango. As
a result of his work, Mr. Sánchez was threatened and attacked by local
militia patrols and commissioned military officers in late 1995.
As a result of these events, Mr. Sánchez was obliged to leave
the community. The state
declined to implement the measures requested, alleging that the matter
was a private problem between individuals.
The Commission reiterated its request for precautionary measures
on March 26, 1996.
On December 18, 1995, the Inter-American Commission on Human
Rights requested the State of Mexico to adopt precautionary measures to
protect the life and physical integrity of the members of the Union of
Communities of the northern zone of Isthmus AC (UCIZONI) who had been
victims of threats and harassment related to land ownership conflicts
between villages in Arroyo Tejon and Mazatlan on the one hand and
landholders named Fuentes and Raymundo on the other hand.
Mr. Juan Carlos Beas, President of the Commission on Justice and
Human Rights of UCIZONI has reported that on repeated occasions he has
received telephone calls threatening his life.
The State of Mexico sent their response on January 2, 1996.
On February 20, 1996, the Inter-American Commission on Human
Rights submitted to the State of Colombia a request for precautionary
measures on behalf of the Group of the Committee on Solidarity with
Political Prisoners, Cúcuta Sector.
The persons whose lives and personal integrity were gravely and
imminently threatened were Rafael Lozano Garaba, Gerson Edecio Leal
Granados, Blanca Inés Rodríguez, José Merchan Basto, Alvaro Fernando
Sanjuan Quintero and Jairo Ordoñez. The measure indicated was also extended to the attorneys Juan
José Landinez and Israel Vargas, who, in performing their activities as
defenders of political prisoners, had been receiving threatening and
intimidating calls.
The request for precautionary measures also was extended to Rosa
Elpidia Alzate Corredor, official responsible for receiving and
processing claims and providing humanitarian assistance to persons
detained for political reasons in the city of Popayán, department of
Cauca, who had been the victim of continuous acts of harassment and
threats against her life and personal integrity.
On November 6, 1996, the Inter-American Commission on Human
Rights reiterated the request to the State of Colombia.
On December 17, 1996, the Commission granted the State of
Colombia an extension of 30 days to respond to these requests.
On February 28, 1996, the Commission transmitted to the State of
Colombia a request for precautionary measures on behalf of Mr. Pablo
Lugo Herrera and his family, whose case was being processed by the IACHR
under Nº 11.237. Mr.
Herrera had participated in a military operation as a result of which
several persons were arbitrarily and extra-judicially executed; his
testimony could indicate those who had taken part in these actions.
On May 10, 1996, the State of Colombia indicated that an official
of the Presidential Advisory Board for Human Rights held a meeting with
Mr. Lugo Herrera and a representative of the Colombian Commission of
Jurists, for the purpose of analyzing and studying possible measures to
be taken. Subsequently, Mr. Lugo Herrera expressed his desire not to
avail himself of any special protection plan and to rejoin the National
Police or to join the National Bureau of Investigation.
On July 17, 1996, the claimant’s observations were transmitted
to the State. On September
17, 1996, the State of Colombia reported on the concrete measures taken
by the State on behalf of Mr. Pablo Lugo Herrera.
This case is in the process of friendly settlement.
On April 12, 1996, the Commission requested the State of the
Dominican Republic to take urgent precautionary measures to protect the
life, safety and personal integrity of Mr. Guarionex Villeta, as well as
his family. On February 22,
1996, during the 91st Regular Session of the IACHR, the
testimony of the person indicated was received.
On February 29, 1996, the Commission requested additional
information on the situation of Mr. Villeta, who on April 9 had been
detained by police agents. The State reported on April 19 that the reason for detention
was related to an investigation on drug trafficking. Subsequently, Mr. Villeta was released from custody.
On March 2, 1996, the Commission requested the State of Guatemala
to take urgent precautionary measures on behalf of Deborah Guzmán, Félix
González, María del Carmen Cruz Fuentes, Valentina Castillo, María
Isabel Sipaque Saragon and their families, who had received various
death threats. The State of Guatemala sent its response on April 11, 1996,
indicating that it was in the process of implementing such measures.
On March 14, 1996, the Commission requested the State of
Guatemala to take urgent precautionary measures on behalf of Vilma
Cristina González and Reynaldo Federico González, who were working for
the Union of Bank Workers and in connection with their union work had
received grave and imminent death threats.
A number of days afterwards Mrs. Vilma Cristina González was
kidnapped and tortured. For
this reason, the request was reiterated on March 19, 1996.
The State sent its response on May 3, 1996, indicating that it
had taken protective measures after the kidnapping.
On June 14, 1996, the IACHR requested confirmation that the
measures were still in effect. No
response has been received to date from the State of Guatemala.
On March 20, 1996, the Commission requested the State of Mexico
to take urgent measures to protect the life, physical integrity and
personal safety of Mrs. Graciela Zavaleta, a member of a group of human
right defenders in Mexico, who found herself in imminent danger and had
been receiving grave threats against her life.
Mrs. Zavaleta had appeared on August 11, 1995 at the municipal
jail to verify the charges brought by family members of prisoners held
in that establishment and had already been attacked and struck by a
group of persons who accused her of defending delinquents and
obstructing police work. The
State of Mexico sent its response on April 3, 1996.
On March 19, 1996, the Commission requested the State of
Guatemala to take urgent precautionary measures on behalf of Rosalina
Tuyuc, Nineth Montenegro, Amilcar Méndez and Manuela Alvarado, members
of the Guatemalan National Democratic Front elected to the Congress of
Guatemala, who had been receiving grave death threats.
On April 15, 1996, the Commission reiterated this request to the
State of Guatemala and requested that these measures be extended to the
families of the persons indicated.
On May 24, 1996, the response of the State of Guatemala was
received indicating that measures were being taken to protect the
persons mentioned.
On April 2, 1996, the Commission requested the State of Honduras
to take precautionary measures on behalf of Mr. Abencio Fernández,
legal advisor to the Committee on Human Rights of Honduras, CODEH, who,
along with members of his family, had been receiving constant death
threats because of his work as an attorney in the human rights
organization indicated. The State of Honduras has not responded as yet.
On May 13, 1996, the Inter-American Commission on Human Rights
requested the State of Guatemala to take precautionary measures to
protect the life and personal integrity of Mr. Tobias Sarceño Pérez.
The State of Guatemala responded on July 30, 1996, indicating
that it was investigating the situation.
On May 20, 1996, the Commission requested the State of Brazil to
take urgent precautionary measures to protect the life and personal
integrity of the attorney Osmar Barcelos do Nascimento, who had been
receiving grave death threats as a consequence of his work as an
attorney in defending human rights in the state of Espiritu Santo.
On July 21, 1996, the State of Brazil reported that the
precautionary measures requested had been taken.
On May 20, 1996, the Commission requested the State of Brazil to
take urgent precautionary measures on behalf of a number of minors
committed to the "Instituto Padre Severino”, “Escola João Luis
Alves” and “Escola Santos Dumont” of Rio de Janeiro, who according
to the petitioners were in grave and imminent danger of suffering
irreparable harm. The State
of Brazil reported on July 26, 1996, on the measures taken to protect
the minors indicated and improve the conditions of these detention
centers. On August 6, 1996,
the Commission requested additional information in this regard.
On June 13, 1996, the Commission asked the Dominican Republic to
take precautionary measures on behalf of Josefina Juana, widow of
Pichardo, who alleged that the Directorate of Migration was preventing
her from returning to that country.
The Dominican Republic reported to the Commission, on July 9 of
that same year, that it had lifted the measures preventing her return
and that Mrs. Juana Pichardo could return without difficulty to the
Dominican Republic.
On June 18, 1996, the Commission transmitted to the State of
Colombia a request for urgent precautionary measures on behalf of the
Zenú community, of the Department of Córdoba, one of whose leaders had
been murdered on May 16, 1996 by paramilitary groups in the San Andrés
de Sotavento shelter; on May 25, the Secretary of the Town Council of
San Andrés de Sotavento had been murdered and on June 4 pamphlets had
been distributed threatening the indigenous leaders.
On July 31,1996, the State of Colombia sent a report on the
measures taken. At the
request of the claimants, on December 17, 1996, the Commission requested
additional information from the Colombian State. On January 15, 1997, the State of Colombia sent its response
to the observations of the petitioner.
On July 17, 1996, during the on site visit conducted by the
Inter-American Commission on Human Rights in the Republic of Mexico,
precautionary measures were requested on behalf of Mr. José Nava
Andrade and 15 members of the Organization of Pueblos and Settlements (OPC),
who had been victims of kidnappings and torture because of their
presumed links with the Peoples’ Revolutionary Army (EPR).
On August 1, 1996, the Commission requested that the State of
Mexico take the measures indicated.
On August 16, 1996, the State of Mexico sent its response to that
request.
On July 22, 1996, the Commission requested the State of El
Salvador to take precautionary measures on behalf of Mr. Adrián Esquino
Lisco and members of his family who, following a dispute over ownership
rights to cooperative land, had been gravely threatened by local groups
linked with the police forces. On
August 23, 1996, the State of El Salvador responded to the Commission on
the measures taken.
On July 30, 1996, the Commission requested the State of Guatemala
to take urgent precautionary measures to protect the life and personal
integrity of Brenda Mayol, her sons, Oscar René, Igor Alfonso and
Rembrant Carlos Trujillo Mayol and her fellow workers Vidal Días, Rene
Días, Rosa Zinico and Thelma López.
These persons were working in the legal office IXCHEL, which
defends human rights, the environment, women and children in Peten and
as a result of their work had been the object of constant harassment and
threats. The State of
Guatemala responded on September 12, 1996, indicating the measures it
was taking to protect the lives and physical integrity of the persons
indicated.
On August 23, 1996, the Commission requested the State of
Guatemala to take urgent precautionary measures to protect the lives and
personal integrity of Rosario Hernández Grave, Manuel Hernández Ajbac,
Manuel Mendoza Jolomocox, Jesus Chaperón Marroquín, Gustavo Vásquez
Peralta and Rogelio Cansi, witnesses to the murder of Martín Pelico
Coxic and six other persons, members of the Militia Patrol of San Pedro
Jocopilas, which occurred on June 27, 1995, following which the
witnesses and the families of the victims had been the object of
constant death threats. Under
case 11.658 the Commission is reviewing charges with regard to the
summary and extra-judicial execution of these persons.
On September 27, 1997, the State of Guatemala responded that it
was taking measures to protect the persons indicated.
On September 10, 1996, the Inter-American Commission on Human
Rights requested precautionary measures on behalf of Mr. Roberto Girón
and Pedro Castillo Mendoza, who had been sentenced to be executed. On September 12, 1996, Guatemala responded, sending an
explanation as to why it would not implement the measures requested.
On October 21, 1996, the Commission transmitted a request for
urgent precautionary measures to the State of Honduras to protect the
lives and personal integrity of a group of minors who were being held in
the San Pedro de Sula prison. Among
other considerations, it was indicated that these minors had been
confined with adults convicted for a variety of serious crimes.
The State of Honduras, on October 28, 1996, presented information
on the facilities prepared for the minors.
The case is still under review under Nº 11.491.
On December 26, 1996, the request for precautionary measures was
reiterated and information was requested as to the concrete actions
taken to implement the measures requested.
On November 8, 1996, the Commission requested the State of the
Dominican Republic to take urgent precautionary measures to protect the
lives and personal integrity of Virgilio Almanzar, Tomás Castro and Luz
Altagracias Ramírez de González, and other witnesses in a case
submitted to the consideration of the CIDH:
Nº 11.324. The
State of the Dominican Republic responded on November 27, 1996,
indicating that it had requested the National Police to conduct an
investigation of the threats as well as to arrange for custody of each
of these persons. On
December 9, 1996, the petitioners sent additional information on the
case, which was transmitted to the State on December 17, 1996.
On December 6, 1996, the Commission requested the State of the
United States of America to suspend the execution of Mr. Richard Steven
Zeitvogel, who had been tried and sentenced under the laws of the State
of Missouri for the murder of his cell-mate Gary W. Dew.
No response has been received from the State to date.
On December 6, 1996, the Commission requested the State of
Colombia to take urgent precautionary measures to protect the life and
personal integrity of Mr. Antonio Suárez Niño, Penall Circuit Judge
No. 22 of Bogota and President of the National Association of Judicial
Employees and Officials. Mr.
Suárez Niño had been the object of grave threats and harassment since
1993. On January 20, 1997,
the State of Colombia responded to the Commission's request. On December 19, 1996, the Inter-American Commission on Human Rights asked the State of Brazil to take precautionary measures to protect the life and personal integrity of a number of individuals who had been threatened by a death squad composed of members of the civil police, known as "the golden boys" in the northern part of the State of Rio de Janeiro. The persons thus threatened are involved in the protection of human rights who had denounced the situation of the group in question. The response from the State of Brazil is being awaited. |
