Precautionary Measures Granted by the Commission during 2009

 

Click here to see the Precautionary Measures Granted in 2009, ordered by country, in alphabetical order

 

Below are the Precautionary Measures Granted in 2009, in Chronological order, starting in the last one to be granted

 

PM 196-09, Amplification - César Omar Silva Rosales, Honduras

 

On December 31, 2009, the IACHR expanded Precautionary Measure PM 196-09 for César Omar Silva Rosales, in Honduras. The request for precautionary measures alleges that journalist Silva Rosales was kidnapped on December 28, 2009, by three armed individuals and that they interrogated him every 10 minutes over a period of approximately 24 hours, during which time he was mistreated, beaten, and threatened with death. The request indicates that he was freed in the vicinity of the Cerro Grande neighborhood, in eastern Tegucigalpa, a place used in the 1980s as a dumping ground for bodies. The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity and the right to freedom of expression of César Omar Silva Rosales, and to investigate the facts that led to this request. 

 

PM-297-09 - Juan Almonte Herrera and others, Dominican Republic

 

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.

 

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.

 

PM 118/09 – Naso Indigenous People of the Bocas del Toro Region, Panama

 

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.

 

PM 224/09 – Adolescents Deprived of Liberty in the Socio-Educational Internment
Facility (UNIS),  Brazil

 

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.

 

PM 339-09 – CJD and MAG, Colombia

 

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.

 

PM 319/09 – League of Displaced Women – Cartagena, Colombia

 

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 - Colombia

 

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 119/09 – César Julio Valencia - Colombia

 

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 242/09 - Members of the Consultancy on Human Rights and Displacement (CODHES)
Colombia

 

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 338/09 - Macdiel Bachiller Pedroza, Cuba

 

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.

 

PM 302/09 - Mario Alberto Pérez Aguilera, Cuba

 

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 276-09 – R.S., A.B. and others, Haiti

 

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.

 

PM 239/09 – Héctor Antonio García Berríos and others, El Salvador

 

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.

 

PM 290/09 – Jesús Tecú Osorio and his family, Guatemala

 

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.

 

PM 262/09 - Félix Waldemar Maaz Bol, Guatemala

 

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 270/09 – X and XX

 

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 196/09 – Amplification of Precautionary Measures, Honduras

 

On August 21, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of Ms. Hedme Castro, director of the School Alba Nora Gúnera. According to the information received, Ms. Castro has been tailed and has been target of verbal aggression and harassment due to her opposition to the coup d’etat. The information adds that vehicles without plates and with tinted windows are seen around her residence and her workplace, that the school’s gates’ locks have been broken, and that a patrol of 10 soldiers entered the school on August 18, 2009. The IACHR set a 7 day deadline to receive information about the implementation of the required measures. This list of protected persons complements lists transmitted via communications dated June 28 and 29; July 2, 3, 10, 15, 24 and 30; and August 7 and 17, 2009.

 

PM 196/09 – Amplification of Precautionary Measures, Honduras

 

On August 17, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of Ms. Nelly Guadalupe Doblado Guevara, Mr. Justo Pastor Henríquez and Mr. Eddy René Doblado Guevara. According to the information received, Ms. Nelly Guadalupe Doblado Guevara and her brother Eddy René Doblado Guevara were detained by the security forces in the context of a protest that took place in Comayagua on July 30, 2009, and that they were severely beaten. Additionally, the residence of Ms. Nelly Guadalupe Doblado Guevara and Mr. Justo Pastor Henríquez was the alleged target of an attack with Molotov bombs on the early hours of August 17, 2009. The IACHR set a 5 day deadline to receive information about the implementation of the required measures. This list of protected persons complements lists transmitted via communications dated June 28 and 29; July 2, 3, 10, 15, 24 and 30; and August 7, 2009.

 

PM 192/09 – Lydia Cacho and others, Mexico

 

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.

 

PM 196/09 – Amplification of Precautionary Measures, Honduras

 

On August 7, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of persons in Honduras, who, according to information received, are at risk. The following persons are now included in the framework of precautionary measures 196-09:

 

  • Gerson Evelar Vilches Almendares, has disappeared. According to information received, Almendares was last seen in the custody of the agents of the State who had presumably detained him.

 

  • Eduardo Castañeda Perdomo, lawyer. According to information received, the military has followed him and members of the armed forces have raided his residence.

 

·         Norma Estela Mejía, vice president of the Sitrajerzeesh union, which is affiliated with the Central General de Trabajadores (CGT), has received death threats because of her opposition to the coup d’état.

 

·         Daniel Durón, national leader of the Central General de Trabajadores (CGT), has received death threats.  These threats have included text messages sent to his mobile phone.

 

·         Evangelina Argueta leader of the Central General de Trabajadores (CGT), has received threats via telephone because of her opposition to the coup d’état.  

 

The IACHR set a 48 hour deadline to receive information about the implementation of the required measures. This list of protected persons complements lists transmitted via communications dated June 28 and 29 as well as communications dated July 2, 3, 10, 15, 24 and 30, 2009.

 

Request for information on the basis of Article 41 of the American Convention

 

Additionally, the IACHR requested information about the following situations and/or threats and acts of violence against persons. This information is requested within the framework of the competencies offered by Article 41 of the American Convention. The IACHR set a 48 hour deadline to receive information about the following:

 

Teacher Roger Vallejos Soriano

 

The IACHR requested information about the death of teacher Roger Vallejos Soriano, who died of a gunshot wound to the head on July 30, 2009.

 

Detentions

 

According to information received, various persons have been injured and detained during demonstrations and protests, according to the following details:

 

The July 30 Demonstration in Comayagüela, in which members of security forces in armored cars violently broke up the demonstrators using both bullets and teargas. According to information received, 61 people were detained, 16 of whom suffered serious injuries: 

16 people have been detained and have suffered injuries, broken bones and beatings: Enmanuel Alberto Banegas Caballero, Luis Rodolfo Figueroa, Cristian David Herrera, Carlos Humberto Reyes Banegas, Carlos H. Reyes, Oscar Moncada, Marcial Cruz, Glenys Rodríguez, Alexis García, Nefris Pineda, Ody José Valeriano, Tania Guiselle Guzmán, Carlos Alberto Cuello Canales, Manuel Banegas, Rommel Espinal, Emilio Castro.

 

45 people have been detained in the Belén police station: Héctor Armando Romero, Raúl Ernesto Meza, Lester Chávez, Eduardo Lagos, Fran Alexander Hermindo, Fredy Ariel Morazan, Marlon Dagoberto Villalobos, Dia Dec Shofol Rodriguez, Eric Alexander Romero, Dagoberto Aristde Moncada, Edas Dalmiro Moncada, José Ramiro Elvir Matamoros, Quintín García Hernández, Alex Osman Sierra Rodríguez, Rafael Pavón, Modesto Aguilar Herrera, Vivian Ramos Mejía, Oscar A. Flores, Luis Moncada, Julio Salas Posas, Marcos Mendoza, Luis Baquedano, Obed Fernando Banegas, Milton Nahun Borjas, Juan José Vargas, David Varrales, Amado Sandoval Peña, Milton Medardo Torres, José Celestino Barahona, Fernando Izaguirrez, Jorge Luis Ortega, Rudy Izaguirre, Daniel Rivera Amador, Juan Barahona, Cesar Adolfo García, Carlos Ramos, Olvin Mejía, Héctor Manuel Herrera, Johan Ordoñez, Abraham Lincol, Gabriel Galeano, Melvin Roberto Vaca, Gerardo Abrachar Soleno López, Héctor Rolando Hernández, Joel Antonio Munguia.

 

Outpost of Danlí, on the border of Nicaragua, July 29, 2009: Seven Garifunas have been detained by a Honduran police squad in the outpost of Danlí, located on the Nicaraguan border. It is alleged that both their documents and musical instruments were seized and that they were also the subject of discriminatory acts because of their race.

 

Outpost of Danlí, on the border of Nicaragua, July 25, 2009: The following persons have been detained and are currently in the District 7 Police Post in Danlí, in connection with the acts of violence that occurred in the Department of El Paraíso on July 25, 2009: Adrián Carranza, Alfredo Redondo Comayagua, Ángel de Jesús Rivera Cruz, Arnaldo Hernández, Brayab Ernesto Ávila (15 years old), Carlos Alejandro Hernández, César Samuel Escalante Vásquez, Dave Ezequiel Torres (16 years old), David Orlando de Canton, Eduardo Javier Mendoza (15 years old), Eduardo José Redondo Rudy (17 years old), Eliasa Mejía, Eráclito Isaac Sierra, Eser Peralta Lavaire (Cruz Roja), Feliz Antonio Doblado López, Florentino Urbina Acuña, Fran Anderson Corrales (16 years old), Gustavo Adolfo Suazo, Henry Antonio Molina,  (11 years old), Jeremías Gómez Comayagua, Jhonatan Noe Osorio Cañada (17 years old), Joaquín Rueda Muñoz, Jhony Salgado, Jorge Franciso Valle, José Francisco Sanhesdias, Katerine Romero (14 years old), Kenia Sarai Funes (15 years old), Leo Gabriel Astriaco, Lidia Margarita Portillo, Linda Rosio Romero (17 years old), Luis Beltrán Alvardopadilla, Mario Javier García Mayrena, Marlon Iván Méndez, Marta Socorro, Marvin Javier Sánchez, Maycol Jamel Corrales Ventura (13 years old), Miguel Ángel Rodríguez Amador, Milton Ariel Ortiz Sierra (15 years old), Norma Supaya Ruiz Padilla, Nubia Xiomara Valladares, Orlyn Joel Flores, Roberto Bautista, Rony Misael Mejia Mairena, Sabas de Jesús García Ocampo, Santos Ilarios Sánchez, Sergio Raúl Geresano Correa (17 years old), Teresa de Jesús Rivera, Vicenta Bautista, Víctor Isaí Soto Hernández, Vilma Yolanda Flores.

 

San Pedro Sula, August 3, 2009: On August 3, 2009, dozens of people were detained and many others suffered bruises and broken bones as a result of violence that took place during a demonstration against the coup d’état in San Pedro Sula. According to information received, the acts of violence have been perpetuated by officers of the Special Operations Forces (COBRA) and members of the 105th Brigade, headquartered in San Pedro Sula. Tanks of water, teargas and batons were reportedly used on the protesters, and many were injured. Some of the people who have been reportedly detained as part of these acts of violence are: Eva Aguilar, Marcela Rosales, Porfirio Castro, José Matías Vásquez, Roberto Mejía, Cristobal, Gustavo, José Edgardo Castro (beaten), Profesor Gustavo Mejía (UTR director), Prof. Miguel Ramos (INTAE assistant director), Antonio Carballo (director del reyes), Wilson Mejía, Prof. Alexis Orellana, Prof. Osman (Patria de la lima), Porfirio Casco (Father of the family, Valle de Sula. He was beaten, his car windows were broken and his car was taken from him), Valdemar García, Carlos Muñoz, José Natividad Vásquez, Gustavo Mejía Escobar, Cristóbal Rolando Villafranca, José Luis Argueta, Oscar López, Walter Geovanny Córdova Bermúdez, Edwin Antonio Enamorado, José Antonio Ramos, José Alexis Orellana, Edgardo Castro (his car windows were broken), Manuel de Jesús Ríos, Manuel Dionisio Montes, José Leonel González, Tony Ulloa, Eugeni Castro Mendoza  (suffered a broken right arm, and injuries to his left arm), Gustavo Henríquez (suffered a head injury after being struck with the butt of a rifle), Juan Ramón Urbina (suffered blows to his back), José Germán Martínez (suffered blows to his back from the barrel of a gun), and Nelly Marcela Rosales (pregnant, suffered blows to her knee).

 

Regarding these detentions, the IACHR requested the following information:

  1. the most recent information about injured persons and the state of their health, as well as the circumstances under which they were injured;

  2. the location(s) where detained persons are being held and deprived of their liberty in conjunction with the aforementioned events, the cause of their detention and if they have spoken with legal representation;

  3. information about the measures that have been adopted to judicially clarify the aforementioned facts.

 

Situations

 

The IACHR likewise requested information regarding the following situations:

 

·         According to information received, Radio Globo indicated that on August 4, 2009, it received a notification from the National Telecommunications Commission of Honduras, which assigns radio and television frequencies. The notification included the solicitation of a lawyer who is presumably part of the legal auditor of the Armed Forces, and requested to suspend the media organization from being used to commit acts of sedition.

 

·         According to information received, an explosive device was thrown at Channel 6’s buildings in San Pedro Sula during the end of July. The channel is known for reporting on both sides of the coup d’état.  

 

·         On August 5, 2009, in the city of Tegucigalpa, military forces, the Special Operations Forces (COBRA) and members of the Riot Police repressed a demonstration concentrated in the National Autonomous University of Honduras (UNAH). Concurrent with information received, security forces repressed students using teargas, water tanks with pepper spray and by firing off their guns, presumably using rubber bullets. Additionally, they confiscated the video cameras of students who were trying to document the situation. The total number of demonstrators who were injured is still undetermined.

·         Specifically, information received indicates that UNAH Rector Julieta Castellanos, Professor Ramón Romero (also said to be the vice-rector of UNAH), University Commissioner Olvin Rodríguez (also said to be the Secretary of the Institution) and Professor Daniel Matamoros Watson were physically harassed by members of the security forces, as they attempted to intercede and end the repression against the demonstrators. Finally, information received indicates that one of the injured students, Allan Noe Hernández, had been transferred to the School Hospital. Another student had received medical attention in a private institution, and the rest of the injured persons received medical attention in the UNAH buildings themselves.

  

PM 196/09 – Amplification of Precautionary Measures, Honduras

 

On July 30, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of persons in Honduras, who, according to information received, are at risk. This list of protected persons complements lists transmitted via communications dated June 28 and 29 as well as communications dated July 2, 3, 10, 15 and 24, 2009.

 

The IACHR requested that the necessary measures be adopted to ensure the life and personal integrity of all of the beneficiaries. Through the Commission’s July 30 decision, the following persons are now included in the framework of precautionary measures 196-09:

 

  • Juan Carlos Trochez, 24, who reportedly suffered two gunshot wounds during a shooting in which 11 bullets were fired at his car on July 24, 2009. According to information received by the IACHR, Juan Carlos is the son of Liberal Party Representative Rodrigo Trochez. Juan Carlos Trochez was shot after members of the Honduran Assembly, including his father, denounced the coup d’état before members of the United States Congress in Washington.

  • Rommel Gómez, a Radio Progreso journalist, and his wife, Miryam Espinal, who have allegedly received telephone calls containing death threats. On July 10, 2009, the IACHR requested information about Rommel under Article 41 of the American Convention. To date, no information has been received.

 

The IACHR set a 48 hour deadline to receive information about the implementation of the required measures.

 

Request for information within the framework of PM 196/09:

 

The IACHR also requested information about the situation of other persons within the framework of PM 196/09. The Commission requested this information in order to evaluate several requests for precautionary measures received in regards to the situations described bellow:

 

  • The IACHR has received information and requests for precautionary measures in favor of representatives of the Bank of the Partido Liberal (Liberal Party) and of the Democratic Unification Party (Partido Unificación Democrática), who have been the subject of harassment. According to information received, this harassment has included: shots fired in the vicinity of their homes and neighborhoods; raids, conducted under false pretenses; initiation of investigations on sedition and treason charges and the freezing of bank accounts. This harassment is presumably in response to their public statements condemning the coup d’état and denunciations of the human rights violations that are allegedly occurring in Honduras following the coup d’état. The Commission requires information about the situation of the following representatives:

 

1.    Eric Mauricio Navarrete, representative of the Partido Liberal;

2.    Elías Arnaldo Guevara, representative of the Partido Liberal;

3.    Edna Carolina Echavarría, representative of the Partido Liberal;

4.    Eleazar Juárez, representative of the Partido Liberal;

5.    Rodrigo Trochez, representative of the Partido Liberal;

6.    Manuel de Jesús Velásquez, representative of the Partido Liberal;

7.    Javier Hall Polio, representative of the Partido Liberal;

8.    Norma Calderón, representative of the Partido Liberal;

9.    Gladys del Cid, representative of the Partido Liberal;

10.  José Simón Azcona, representative of the Partido Liberal;

11.  Edmundo Orellana, representative of the Partido Liberal;

12.  Julio Santos, acting representative of the Partido Liberal;

13.  Olman Maldonado, acting representative of the Partido Liberal;

14.  Dayana Burke, representative of the Partido Liberal;

15.  Víctor Cubas, acting representative of the Partido Liberal;

16.  Francis Hernández, acting representative of the Partido Liberal;

17.  Elvira Argentina Valle, representative of the Partido Liberal;

18.  José de la Paz Herrera, representative of the Partido Liberal;

19.  Silvia Ayala, representative of the Partido Unificación Democrática (UD);

20.  Oscar Mejía, representative of the Partido Unificación Democrática (UD);

21.  Marlene Paz, representative of the Partido Unificación Democrática (UD);

22.  Tomas Andino, acting representative of the Partido Unificación Democrática (UD).

 

  • The situation of Mr. Albencio Fernández Pineda, member of CIPRODEH. Mr. Pineda has reported that since the coup d’état, shots have been fired in front of his home on multiple occasions to intimidate him. This intimidation is reportedly aimed at stopping him from publicly denouncing the human rights abuses that have in Honduras since the coup d’état. According to information received, Mr. Pineda has been accompanying some of the aforementioned Honduran representatives to Washington. The Commission requires information about the aforementioned facts as well as the measures that have been adopted to secure the safe return of Mr. Pineda and the other members of the delegation to Honduras.

  • The situation of communications professionals from Radio PROGRESO and the Reflection, Investigation and Communication Team (ERIC) of the Compañía de Jesús de Honduras, both located in the northern Honduran city of Progreso. These communications professionals have reportedly been receiving threats both on their cell phones and emails. Likewise, information has been received indicating that since July 24, 2009, ERIC’s headquarters have been surrounded by heavily armed police and military contingents.

 

Request for information on the basis of Article 41 of the American Convention

 

Additionally, the IACHR requested information about the following situations and/or threats and acts of violence against persons. This information is requested within the framework of the competencies offered by Article 41 of the American Convention. The IACHR set a 48 hour deadline to receive information about the following:

 

Persons or groups of persons

  • The murder of young Pedro Magdiel Muñoz (also identified as Pedro Ezequiel or Pedro Mondiel Martínez). According to press reports, his body was found on July 25, 2009 in a field near a military outpost, along the route to the Nicaraguan border. Mr. Muñoz’s body showed signs of torture and multiple stab wounds. Media reports state that the last time the youth was seen, he was being detained by agents of the Honduran Police Forces.

 

  • The situation of Lourdes Amalia Sánchez, a member of the military who was in charge of the custody of the family of President Zelaya. Ms.  Sánchez was present on June 28, 2009 at 5:00 a.m. when heavily armed members of the Honduran military entered the presidential residence and, after confronting its security forces, deprived President Zelaya of his liberty. According to information received by the IACHR, Ms. Sánchez had been imprisoned because she changed her witness statement.

 

  • Information regarding the events that took place at the Honduran-Nicaraguan border on July 24, 2009. Multiple communications have been received related to the developing situation along the highway connecting Tegucigalpa to the department of El Paraíso, in which the border crossing with Nicaragua is located. According to information received, the de facto regime has set up approximately 15 to 18 military and police outposts, presumably in order to restrict the freedom of movement of the protesters. According to press reports and local human rights organizations, hundreds of people have been subjected to degrading registries and interrogations and have had their identification cards taken in these military outposts. In some reported cases, people have been illegally detained for several hours in these military outposts. At the same time, there were approximately 4,000 people who could not relocate or access food, health and sanitation services in the military outposts, according to reports. Freedom of movement in that region has been limited by decrees which have been issued and extended for several days. In the context of the mobilization of people to the border area, there have reportedly been acts of repression using both bullets and tear gas canisters. According to information received, three people were injured and scores were detained, registered and taken to police stations in El Paraíso and Danlí.

 

-         Persons whose freedom of movement has been limited along the highway include: the Honduran First Lady, Mrs. Xiomara Castro de Zelaya and her daughter, Xiomara  Zelaya Castro, who reportedly attempted to reunite with Constitutional President, Manuel Zelaya Rosales. According to information received, two youths, Armando Licone and Lenin Ernesto Canales, also accompanied the family;

-         On July 27, 2009, a communication was received stating that the youths, Armando Licona and Lenin Ernestos Canales, had been detained by the de facto government’s security forces and taken to a post in the department of El Paraíso. The youths formed part of the delegation of First Lady Xiomara Castro de Zelaya and intended to travel to Las Manos to reunite with President Manuel Zelaya Rosales;

-         Moisés Hernández Ventura also suffered a gunshot wound from a 9 millimeter bullet, which presumably shot by a member of the Armed Forces of Honduras;

-         According to information received by the IACHR, the following persons have been detained in police cells in the department of El Paraíso and other military outposts along the highway to the Nicaraguan border, in Las Manos, in the department of El Paraíso: Mario López, Josefa Escoto, Hayde o Aidé Saravia, Nicole Yánez, Wilfredo Serrano, José Serrano, Eduardo Flores, Donaldo Domínguez, Oqueli Mejia, Marcia García, Martina García, Pedro Aguilar, Ivan Eduardo Sanchez Perez, Cesar Arnoldo Bobadilla, Carlos Geobany Salinas, Elsy Leticia Castellanos, Gilma Siliezar, Lesbia Daniela Velásquez, Julia Bobadilla, Dinora Pineda, Edith Umanzor, Sandra Sandoval, Ramón Roger Díaz, Maritza Azucena Osejo, Concepción Zepeda, Milciades Zuniga, Nidia Osejo, Fatima Melisa Zuniga, Angela Carcomo, Yobany Gonzales, Halvin Alexander Sandoval, Mari Cruz Portillo Varela, Francisco Javier Armas, Blanca Azucena Rodríguez, Balbitrudis sosa Ortiz, Lesbia soriano, Olman Eduardo Soriano, Santos Zacarías Ríos o Santos Sacarías Ríos, Justo Pastor Mondragón, Rufino Aguilar, Karen Martínez, Jonathan de Jesús Canales, Manuel Ordóñez, Clemente Sambrano, Juan Antonio Torres, Domingo Solórzano, Luís Alfredo Funez, Carlos Rodrigues, Oscar Alberto Gonzáles, Rony Martínez (beneficiario de medidas cautelares de la CIDH), Claudia Ruiz, Alexis andino, Juan Carlos García, Oscar Rene Serón, Alfonso Ávila, José Antonio Zelaya, Aída Días Rosales, Flavio Fernando Sevilla Álvarez, Asolia Mineth Gradiz Reyes, Geraldina Pineda, Carmen Sánchez, Vicente Beatriz, Jacobo Pineda, Gustavo Orellana Martínez, Elena Melgar Dubon, Antonio Bustamante, Delhi Patricia Barahona, Merlin Salgado, Nubia Moncada, Oneyda Barahona, Leticia Barahona, Sonia Castillo, Iris Yolanda Ramos Ávila, María Angela Gomes, Elda Barahona, Pablo Balerio, Maria Eugenia Salgado, José Humberto Meza, Javier Escoto Berrios, Santos Cruz.

 

  • With respect to journalists, information received on July 25, 2009 stated that a group of foreign journalists had been attacked by members of the Police Forces in Danlí. According to the information received, photojournalist Wendy Olivo of the Agencia Bolivariana de Noticias was attacked while trying to take photographs of people detained by a police patrol. When she refused to hand over her camera to the police, Olivo was reportedly struck. Other journalists were also attacked when they tried to defend the photographer.

  • Similarly, reporters from daily newspaper La Tribuna stated that they had been the subject of aggression by the pro-Zelaya protesters. The journalists reported that the protesters were presumably in favor of President Zelaya’s return, and the attack occurred on July 26, 2009 in the department of El Paraíso. According to information received, a group of people had been trying to remove Henry Carvajal’s camera, and when journalist Martín Rodríguez intervened, they also grabbed him. The protesters reportedly accused them of being coup organizers. Carvajal reports that due to the attack, the photos he had taken that the day were lost.

 

Situations

·         The situation of the Guadalupe Carney community, where more than 600 families connected to 45 associated peasant companies live. According to information received, the situation of this community is especially serious, presumably because of written threats delivered by the Cámara de Comercio e Industria de Trujillo. The Cámara de Comercio e Industria de Trujillo have been expressly requesting an armed intervention by Honduran military forces against the aforementioned community, calling it a bastion of resistance against the coup d’état. The group has been threatening to carry out their own armed intervention if the military refuses to intervene.

 

·         Acts of violence committed against the teachers who have been protesting in Tegucigalpa and Comayagüela, presumably by police and military agents. Concurrent with what has been reported, at least eight people have been seriously injured. One of them is identified as teacher Roger Vallejos Sorian, who suffered a gunshot wound to the head. Likewise, leader Carlos H. Reyes, a beneficiary of precautionary measures, suffered a broken arm. Additionally, approximately 200 people have been detained, including Juan Barahona, who is also a beneficiary of precautionary measures. The Commission requested information about these acts and the measures adopted to safeguard the life and personal integrity of the protesters; the identification of persons who have been injured and the state of their health, as well as how they were injured; the identification of all detained persons within the framework of the facts described and the locations where they were arrested, as well as the reason for their detention and if they have communicated with some form of legal representation; and information about the measures adopted to judicially establish the aforementioned facts.

 

PM 196/09 – Request for Information, Honduras

 

On July 25, 2009, in the exercise of attributions set forth in Article 41 of the American Convention on Human Rights, the Commission requested information about the situation of the wife, mother, mother-in-law and children of President Manuel Zelaya Rosales. According to information received by the Commission, they were delayed while trying to relocate to the frontier zone to reunite with the President. The IACHR set a deadline of 48 hours to receive information about the situation of these persons. On June 28, 2009, the Commission had solicited information about family members of President Zelaya within the framework of MC 196-09 in order to decide on requests for precautionary measures.

 

PM 196-09 Amplification of Precautionary Measures, Honduras

 

On July 24, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of persons in Honduras, who, according to information received, are at risk. This list of protected persons complements the lists that were transmitted through press releases issued on June 28, June 29, July 2, July 3, July 10 and July 15, 2009.

 

The IACHR requested that the necessary measures be adopted to ensure the life and personal integrity of all of the beneficiaries. Through today’s decision by the IACHR, the following individuals are now included in the framework of precautionary measures 196-09:

 

  1. Nahún Palacios, Director of Aguán Television, Channel 5;

  2. María Margarita Zelada Rivas, Representative for the Courts Department of the Honduran National Congress;

  3. Gladys Lanza, Coordinator for the Committee for Peace Visitation Padilla;

  4. Elsy Benegas, President of the National Agrarian Institute Workers’ Union and leader of the Coordinating Committee of Popular Organizations of Aguán (COPA);

  5. Manuel Montoya, leader of the National Electric Energy Corporation Workers’ Union;

  6. Eduardo Flores, member of the Coordinating Committee of Popular Organizations of Aguán (COPA);

  7. José Luis Galdámez Álvarez, Director of the “After the Truth” radio program on Radio Globo;

  8. Andrés Armando Molina Zelaya, (journalist for Radio “Juticalpa,” located in the department of Olancho;

  9. Martha Elena Rubí, (owner of Radio “Juticalpa,” located in the department of Olancho) and her children, María José, José Daniel and José Levi (all with the surname Rubí);

  10. Kenia Irias, Technical Director of the National Women’s Institute (INAM) and her children Kimberly Nairoby Hernández Irias (16 years old) and Jancarlos Emanuel Velásquez Irias (5 years old);

  11. Lilibeth Reyes Cartagena, Lídice Isabel Ortega Reyes, Keyla Amador and Isis Gabriela Arriaga Hernández, members of Center for Women’s Studies-Honduras (CEM-H)

 

The IACHR requested that it receive information about the implementation of the required measures before July 29, 2009.

 

Likewise, in the exercise of attributions offered in article 41 of the American Convention on Human Rights, the Commission requested information about the following persons and situations:

 

1.      The death of Vicky Hernández Castillo (Jhonny Emilson Hernández), member of the transvestite community. Ms. Castillo Hernandez’s body had signs of strangulation and a bullet wound to the head, presumably sustained during raids conducted by the National Police on June 29, 2009, as part of the curfew declared by the de facto regime.

2.      The situation of Mr. Ariel Fabricio Varela Moncada, National Technology Coordinator of Care International in Honduras. On June 15, 2009, he allegedly received a telephone call with death threats against his mother, his children and himself.

3.      The situation of Mr. Julio César Dubón, about whom the Commission has been informed that on July 15, 2009, armed individuals broke into his house, handcuffed Mr. Dubón and his wife, struck his son and threatened them with death. When the individuals left the house, they allegedly took with them personal goods such as Mr. Dubón’s car, computers and money.

4.      The police investigation by employees of the General Directorate of Criminal Investigations (DGINC) into the Reverend Fausto Milla Training Center. The Training Center’s Executive Director, the Rev. Fausto Milla, is the leader of social movements in the western part of the country that have maintained permanent resistance against the de facto regime. Mr. Milla allegedly housed persons who had traveled from another municipality to participate in protests in favor of President Zelaya.

5.      The threats and harassment of teachers in the Trujillo and Tocoa municipalities, in the department of Colon, El Paraíso Copan, Jocon Yoro and Olanchito Yoro. The teachers have been striking in protest against the coup d’état since June 28, 2009. According to information received, particularly in El Paraíso Copan, agents of the police forces have sought out teachers, taken them from their homes and obligated them, through beatings, to go to return to the schools. The teachers have been shut inside the schools without water for two days.

6.      The barring of entry to the Government House of a Radio Globo journalist, Liliet Díaz, although she is accredited to enter the Government House for one more year.

7.      The situation of Channel 8, property of the Government of Honduras. Channel 8 signal was cut on June 28, 2009. When it returned to the air days later, all of the people that had previously worked at Channel 8 had been replaced by new employees. According to information received, everything from programming to publicity has been changed to reflect the editorial opinion of the de facto regime.

 

The IACHR requested to receive this information no later than July 29, 2009.

 

PM 196-09 – Request for Information, Honduras

 

On July 15, 2009, the IACHR decided to request detailed information regarding the situation of the following individuals about whom the Commission has received information indicating they are at risk:

 

1.       Juan Carlos Griffin, Public Prosecutor of Human Rights in Tegucigalpa;

 

2.       Rodolfo Augusto Padilla Sunseri, Mayor of the Municipal Corporation of San Pedro Sula (leader of the liberal party).

 

Likewise, in the exercise of its authority under Article 41 of the American Convention on Human Rights, the IACHR requests information on the situation of the following individuals and events:

 

1.       the murder, on July 11, 2009, of popular leader Roger Bados, in San Pedro Sula;

 

2.       the murder, on July 12, 2009, of popular leader Ramón García, in Santa Bárbara;

 

3.            the detention, on July 11, 2009, of journalists from the media organizations TeleSUR and Venezolana de Televisión, and the implementation of immigration operations on July 12, 2009, at the hotel in which the journalists were staying. The Commission requested detailed information about this event, as it is particularly aware that six of these journalists are protected by the precautionary measures handed down in this matter.

 

PM 220/09 -Ariel Sigles Amaya, Cuba

 

On July 10, 2009, the IACHR granted precautionary measures in favor of Ariel Sigles Amaya, in Cuba. The request for precautionary measures alleges that the life and personal integrity of Mr. Ariel Sigles Amaya are at imminent risk due to the grave state of his health. The information received by the IACHR indicates that since September 2008, his health has progressively deteriorated due to the conditions of his detention. The Inter-American Commission requested that the Cuban State adopt the necessary measures to guarantee the life, personal integrity and health of the beneficiary. Specifically, the IACHR requested that the Cuban State offer Mr. Ariel Sigles Amaya adequate medical attention in compliance with international standards regarding the treatment of persons deprived of their liberty. Additionally, the measures must be arranged with the beneficiary and his family members. Likewise, the IACHR requested that the State of Cuba inform the Commission about its compliance with the recommendations contained in IACHR Report No. 67/06, issued on October 21, 2006, where the IACHR recommended the State of Cuba the immediate and unconditional release of the victims in this case, including Mr. Ariel Sigler Amaya, declaring null the charges against them because they are based in laws that impose illegitimate restrictions on their rights.

 

PM 196-09 Amplification of Precautionary Measures, Honduras

 

On July 10, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of persons in Honduras, who, according to information received, are at risk. This list of protected persons complement the lists that were transmitted through press releases issued on June 28, June 29 and July 2, 2009.

 

The IACHR requests that the necessary measures be adopted to ensure the life and personal integrity of all of the beneficiaries.  In respect to those who have been arbitrarily detained and/or whose whereabouts remain unknown, the Commission requested to be informed of their whereabouts immediately. In the case of those arbitrarily detained, the Commission requested that these individuals be freed immediately. The IACHR requests that it receive information about the implementation of these required measures no later than July 15, 2009.

 

Through the amplification decided on July 10, 2009 by the IACHR, the following persons are now included in precautionary measures 196-09:

 

  1. Andrés Tamayo, president of the Olancho Environmental Movement, who was the subject of threats and aggression by troops from the Police Forces during a protest on July 3, 2009;

  2. Angélica Patricia Benitez, former representative in the National Congress for the Unificación Democrática party and wife of César Ham, current representative of the same party. Information was received that he had been the subject of aggression by members of the Police Forces on June 30, 2009 and that his residence had been fired upon with machine guns in the last days; and

  3. Alexis Núñez, Edwin Noel Mejía, Melvin Anael Romero and René Ruiz: The IACHR received information that these four people have been the subject of forced military recruitment by troops from the Honduran Police Forces and that their whereabouts remain unknown.

 

The IACHR also requests information regarding the situation of the following persons. The Commission received information indicating that they are at risk because of their roles as union leaders:

 

  1. Daniel Durón;

  2. Eliseo Hernández;

  3. Hilario Espinoza;

  4. Idalmi Cárcamo;

  5. Jaime Vallecillo Turcios;

  6. Javier Alonso Valladares Aciego;

  7. José Marcial Zúñiga Rodríguez;

  8. José Zuñiga;

  9. Luis Alonzo Mayorga Galvez;

  10. Marco Tulio Sanchez del Cid;

  11. Mauro Enrique Soto Gómez;

  12. Roque García Solórzano;

  13. Rufino García Espinoza;

  14. Víctor Arita Petit;

  15. Víctor Manuel Izaguirre Varela; and

  16. Vladimiro Santos Espinal.

 

Likewise, in the exercise of the attributions offered by Article 41 of the Inter-American Convention on Human Rights, the Commission requests information about the situation of the following people and events:

 

People:

  1. Carlos Mencía, peasant leader and candidate for representative of the Unificación Democrática party, about whom information has been received that there are warrants for his arrest in the city of Olanchito, in the department of Yoro;

  2. Lety Orfilia Figueroa Rivera, social leader of Guapinol, Tocoa, Colón, about whom information has been received that she has been the subject of threats and that there is a warrant for her arrest;

  3. Maribel Barahona, candidate for representative of the Unificación Democrática party, about whom information has been received that there is an order to detain her in the city of Olanchito, in the department of Yoro;

  4. Melany Mercedes Perdomo Gaitán, social leader of Guapinol, Tocoa, Colón, about whom information has been received that she has been the subject of threats and that there is warrant for her arrest;

  5. Paula Durán, teacher, former municipal human rights commissioner and leader of a local women’s organization, about whom information has been received that there is a warrant for her arrest in the city of Olanchito, in the department of Yoro;

  6. Héctor Castellano, journalist, about whom information has been received that he has been the subject of death threats;

  7. Rommel Gomez, journalist, about whom information has been received that he had been beaten and detained while covering popular protests in the Central Park of San Pedro Sula. It is also alleged that troops from the Police Forces had taken his personal documents;

  8. Jorge Otts Anderson, journalist, about whom information has been received that the military had been looking for him to confiscate his work equipment; and

  9. Nahún Palacios, journalist, about whom information was received that on June 30, 2009, troops from the Police Forces had raided his house, confiscated his work equipment and held his children at gunpoint. They had also been the subjects of threats by soldiers;  

Events

  1. the events at the Toncontin Airport on July 5, 2009, which reportedly resulted in the death of Isis Obeth Murillo, and the injury of Adriana Izaguirre, Darwin Antonio Lagos, Guillermo López and José Antonio (surname still unknown);

  2. the death of journalist Gabriel Fino Noriega, Radio América correspondent in San Juan Puebla, Atlántida, killed on July 3, 2009 as he left the Radio América offices;

  3. the discovery of a body in "La Montañita", with apparent signs of torture and a t-shirt supporting the fourth ballot box; and

  4. the discovery of two bodies in a barrel in Tegucigalpa, with money and cell phones still intact, and their arms bound with shoelaces.

 

Freedom of expression

  1. the interruption of the Santa Rosa de Copán radio signal, located in the department of the same name, on July 3, 2009;

  2. a protest comprised of thousands of people in front of the Presidential House in Tegucigalpa on July 3, 2009, dispersed by soldiers and police, in which people had been beaten and detained;

  3. a protest comprised of 4,000 peasants in the department of Olancho in which people had been beaten and detained. They were found at about 2:00 a.m. on July 3, 2009 in the town of Limones, where they were dispersed by soldiers and police.


PM 196-09 Amplification of Precautionary Measures, Honduras

 

Letter sent by the de facto authorities in Honduras to the IACHR in response to PM 196-09

 

On July 3, 2009, the IACHR decided to further expand precautionary measures PM 196-09 in order to safeguard the life and personal integrity of the following individuals who have been indicated to be at risk. This list of protected persons complements the lists included in communiqués on June 28 and 29 and July 2, 2009.

 

The IACHR requested that necessary measures be adopted to ensure the life and personal integrity of all the beneficiaries. In particular, with respect to those who have been detained or whose whereabouts are unknown, the Commission requested that information be provided on their whereabouts, and in the case of arbitrary detentions, that these individuals be released immediately. The IACHR set a 48-hour deadline for information to be provided on the implementation of the required measures. Through today’s decision by the IACHR, the following individuals are now included in the precautionary measures:

 

1.      Adán Funes, Mayor of Tocoa, Colón;

 

2.      Adelmo Rivera, Mayor of Sonaguera, Colón;

 

3.      Buenaventura Calderón, community leader of Puerto Lempira, Gracias a Dios;

 

4.      Dagoberto Rodríguez, director of the Cadena Voces radio station. It has been indicated to the Commission that he had received telephone threats;

 

5.      Esteban Félix, Associated Press journalist. According to the information received, he was detained on June 29, 2009, and taken to an immigration office where he was questioned about his visa status for working in the country;

 

6.      Evelio Sánchez, community leader of Guapinol, Tocoa, Colón;

 

7.      Fabio Ochoa, local president of the Democratic Unification party in Tocoa. According to the information received, he had been the victim of a shooting before the coup d’etat and was in critical condition when he was removed from the hospital where he was being treated;

 

8.      Felipe Antonio Gutiérrez, community leader of Guapinol, Tocoa, Colón;

 

9.      Filemón Flores, advisor to the Mayor of Tocoa, Colón;

 

10.  Geraldina Cerrato, in charge of the Municipal Women’s Office in the city of Tocoa;

 

11.  Humberto Maldonado, community leader of Guapinol, Tocoa, Colón;

 

12.  Iris Munguía, Coordinator of the Banana Growers Union of Honduras. According to the information received, she was detained on July 2, 2009, at a demonstration in San Pedro Sula, and her whereabouts are unknown;

 

13.  Juan Ramón Sosa, journalist for La Tribuna. According to the information received, he was beaten and insulted by police officers while he was covering a demonstration on June 29, 2009. His camera was also reportedly confiscated;

 

14.  Manuel Membreño, community leader of Guapinol, Tocoa, Colón;

 

15.  Nicolás García, Associated Press journalist. Information was received indicating that he was detained on June 29, 2009, and taken to an immigration office where he was questioned about his visa status for working in the country;

 

16.  Waldemar Cabrera, community leader of Puerto Lempira, Gracias a Dios; and

 

17.  Wilfredo Paz Maestro, member of the Honduras Federation of Teaching Organizations.

 

In addition, the Commission set a 24-hour deadline for detailed information to be provided regarding the following situations:

 

State of emergency

 

1.      The repression of peaceful demonstrations, as a result of which individuals reportedly have disappeared or have been wounded or beaten, and in which teargas bombs reportedly were thrown. Information is requested in particular regarding a demonstration in San Pedro Sula on July 2, 2009; and

 

2.      The attack on the newspaper La Prensa, in San Pedro Sula, on June 29, 2009, in which a group of demonstrators reportedly threw sticks and rocks at the entrance to the newspaper offices.

 

The Commission’s decisions are based on requests for precautionary measures and facts of public knowledge. This list of situations for which information is requested also complements the lists included in communiqués on June 28 and 29 and July 2, 2009.

 

In its letter, the Inter-American Commission also reiterated that, in accordance with the provisions of the American Convention on Human Rights, all necessary measures must be adopted to ensure the life and personal integrity of human rights defenders, journalists, relatives of President Zelaya, and international observers who are in Honduras.

 

MC 196-09 - Amplification of Precautionary Measures, Honduras

 

On July 2, 2009, the IACHR decided a new amplification of precautionary measures PM 196-09 in order to safeguard the life and personal integrity of persons in Honduras who, according to the information received, are at risk. The IACHR requested that necessary measures be adopted to assure the life and personal integrity of all of the beneficiaries. In respect to those who have been arbitrarily detained and/or whose whereabouts remain unknown, the Commission requested to be informed of their whereabouts immediately. In the case of those arbitrarily detained, the Commission requested that these individuals be freed immediately. The IACHR set a deadline of 48 hours to receive information about the implementation of these required measures. Through this amplification, the following persons are now included in precautionary measures 196-09:

 

1. Adriana Sivori, TeleSUR journalist; According to information received by the Commission, military forces arbitrarily detained her, confiscated her equipment and documents and took her to an unknown location;

 

2. Alan McDonald, cartoonist; According to information received by the Commission, he and his 17-month-old daughter were detained after soldiers allegedly ransacked his house and destroyed his cartoons;

 

3. Alejandro Villatoro, Radio Globo journalist;

 

4. Andrés Pavón Uribe, member of the Honduran Human Rights Committee;

 

5. Ángel Alvarado; member of the National Resistance Committee;

 

6. Arcadia López, Staff Minister in the Presidential House;

 

7. Bertha Oliva de Nativí, member of the Committee for Family Members of the Detained and Disappeared in Honduras;

 

8. Carlos Eduardo Reina, member of the National Resistance Committee;

 

9. Carlos Humberto Reyes, member of the bloque popular;

 

10. Carlos Melano, assistant to President Zelaya;

 

11. Clyborn St. John, TeleSUR journalist;

 

12. Danny Reyes, director of the LGTB Rainbow Association of Honduras; According to information received by the Commission, he was taken to a political station on June 29, 2009;

 

13. David Ellner Romero, Canal 36/Radio Globo journalist; According to information received by the Commission, he was forcibly disappeared on June 28, 2009 by masked military forces;

 

14. Doris García, leader of the National Women’s Institute;

 

15. Eduardo Maldonado, Canal 36 journalist; According to information received by the Commission, he was forcibly disappeared on June 28, 2009 by masked military forces;

 

16. Edward Yeferí Lobo Sánchez, defender of the rights of children and youth;

 

17. Enrique Flores Lanza, Presidential Secretary;

 

18. Enrique Reina, assistant to President Zelaya;

 

19. Eulogio Chávez, member of the National Resistance Committee;

 

20. Franklin Meija, Radio Globo journalist.

 

21. Freddy Quintero, TeleSUR journalist; According to information received by the Commission, military forces arbitrarily detained him, confiscated his equipment and documents and took him to an unknown location;

 

22. Guillermo de Jesús Mayen Jiménez, defender of the rights of children and youth, and member of the political party Union Democratica; According to information received by the Commission, he was pursued and hounded by security forces because of his association with Union Democratica;

 

23. Hector Licona, employee of the LGTB Rainbow Association of Honduras; According to information received by the Commission, he was taken to a political station on June 29, 2009;

 

24. Israel Moreno, director of Radio Progreso;

 

25. Israel Salinas, member of the Majority Union;

 

26. Juan Barahona, member of the bloque popular;

 

27. Larry Sánchez, TeleSUR journalist; According to information received by the Commission, military forces arbitrarily detained him, confiscated his equipment and documents and took him to an unknown location;

 

28. Lidieth Díaz, Radio Globo journalist;

 

29. Luter Castillo Harris, Chief of International Cooperation in the Chancellery of the Republic;

 

30. Madeleine García, TeleSUR journalist;

 

31. Marco Tulio Burgos Córdova, commissioner for the National Permanent Committee of Contingencies;

 

32. María José Díaz, TeleSUR journalist; According to information received by the Commission, military forces arbitrarily detained her, confiscated her equipment and documents and took her to an unknown location;

 

33. Marvin Ponce, National Congressional Deputy for the party Unificacion Democratica;

 

34. Matilde Durón Ochoa, defender of the rights of children and youth;

 

35. Mayra Mejía, Labor Secretary

 

36. Milton Jiménez Puerto; President of the Banks and Securities Committee;

 

37. Miriam Mejh, Youth Institute;

 

38. Orlando Villatoro, Radio Globo journalist;

 

39. Patrick Pavón; employee of the LGTB Rainbow Association of Honduras; According to information received by the Commission he was attacked by members of the National Police and armed forces;

 

40. Rafael Alegría, national director of the Via Campesina;

 

41. Regina Osorio, TeleSUR journalist;

 

42. Roger Ulises Peña, unionist; According to information received by the Commission he was thrown to the ground at 9:00 a.m. on Monday, June 29, 2009 by a military command, and his health is now critical;

 

43. Rony Martínez; Radio Globo journalist;

 

44. Salvador Zúñiga; member of the Consejo Cívico de Organizaciones Populares e Indígenas de Honduras;

 

45. Sara Elisa Rosales, member of the Las Lolas and Feminist Movement;

 

46. Tomás Andino Mencía; defender of the rights of children and youth

 

Additionally, the Commission requested information with a deadline of 48 hours on the following situations:

 

State of emergency

 

1. whether exceptional measures to restrict or suspend individual rights have been taken, and, in that case, what measures have been adopted to ensure respect for irrevocable fundamental rights and judicial guarantees;

 

2. decree 011-2009, by which fundamental rights were restricted;

 

3. whether any deaths have taken place in connection with the coup d’état, and, in this case, specific information on those deaths;

 

4. the forced recruitment of children and adolescents to the Military;

 

5. the total number of the detentions that took place beginning on June 28, 2009, in connection with the coup d’état or in later operations to control the public order; complete identification of the detained persons and reasons for their detention; whether any persons are being detained in military or police establishments; whether there any of the detained persons are incommunicado and the time lapsed under this condition; and whether there are judicial resources available and functioning to review the causes and conditions of these detentions.

 

6. the takeover of HONDUTEL by military forces; and

 

7. the alleged deliberate shut down of electricity and telephone services.

 

Freedom of expression

 

1. the shutting down of Channel 36, Channel 8 and State media;

 

2. the alleged prohibition on reproducing or broadcasting declarations of officials of the Government of President Zelaya by newspaper el Tiempo and Channel 11;

 

3. the alleged takeover and closing of Radio Progreso by military forces;

 

4. the alleged order, under threat of force, that two TeleSUR teams dismantle their equipment and interrupt their transmissions;

 

5. the alleged prohibition on cable TV broadcast channels (TeleSUR, CNN, CubaVisión Internacional); and

 

6. the takeover of Radio Globo by military forces and the alleged attacks, threats and intimidation against its staff.

 

MC 196-09 - Amplification of Precautionary Measures, Honduras

 

On June 29, 2009, the IACHR amplified the precautionary measures in favor of Edran Amado López, Bertha Cáceres and César Ham. According to information received by the IACHR, military forces have been surrounding the house of Bertha Cáceres, member of the Civic Council of Popular and Indigenous Organizations of Honduras (Consejo Cívico de Organizaciones Populares e Indígenas de Honduras). Military forces have allegedly also surrounded the house of César Ham, Representative in the National Congress by the Partido Unificación Democrática. The military also allegedly fired on Representative Ham’s house with machine-guns. Additionally, Edran Amado López, a journalist on the TV Channel 36 program Cholusatsur, was allegedly detained and his whereabouts remain unknown. The IACHR requested that the necessary measures be adopted to guarantee the life and personal integrity of the beneficiaries. In the case of Edran Amado López, the Commission also asked for information about his whereabouts and, should he be arbitrary detained, that he be released immediately. The IACHR asked that information regarding the implementation of these amplified measures be transmitted urgently, no later than July 1, 2009. The IACHR set the same July 1 deadline to receive information from Honduras regarding the situation of Roger Ulises Peña, Alan McDonald, Adriana Sivori, Larry Sánchez, María José Díaz and Freddy Quintero. According to the information received, Roger Ulises Peña, a union member, was allegedly attacked by a military command on June 29, 2009, and that his current health situation is very critical. Alan McDonald, a cartoonist, was allegedly arbitrarily detained along with his 17-month-old daughter when a group of soldiers allegedly raided his house and destroyed his cartoons. Military forces allegedly arbitrarily detained TeleSUR correspondents Adriana Sivori, Larry Sánchez, María José Díaz, and Freddy Quintero, and confiscated their notes and equipment.

 

The IACHR also set a July 1 deadline for receiving information from Honduras as to whether a state of emergency has been declared, and, in this case, what measures have been adopted to ensure respect for irrevocable fundamental rights and judicial guarantees. Furthermore, the Commission requests information as to whether any deaths have taken place in connection with the coup d’état, and, in this case, specific information on those deaths; and the total number of the detentions that took place beginning on June 28, 2009, in connection with the coup d’état or in later operations to control the public order; complete identification of the detained persons and reasons for their detention; whether any persons are being detained in military or police establishments; whether there any of the detained persons are incommunicado and the time lapsed under this condition; and whether there are judicial resources available and functioning to review the causes and conditions of these detentions.

 

Regarding the status of freedom of expression, the IACHR requests information from Honduras about the alleged shutting down of Channel 36, Channel 8 and State media; the alleged seizure of HONDUTEL by military forces; the alleged deliberate shut down of electricity and telephone services; the alleged order, under threat of force, that two TeleSUR teams dismantle their equipment and interrupt their transmissions; the alleged prohibition on cable TV broadcast channels (TeleSUR, CNN, CubaVisión Internacional); the alleged prohibition on reproducing or broadcasting declarations of officials of the Government of President Zelaya by newspaper el Tiempo and Channel 11; the seizure of Radio Globo by military forces and the alleged attacks and threats against its staff, including Alejandro Villatoro, Lidieth Díaz, Rony Martínez, Franklin Mejía, David Ellner Romero, and Orlando Villatoro; the alleged seizure of Radio Progreso by military forces; the measures adopted to guarantee the life and personal integrity of an El Heraldo newspaper journalist, who was allegedly attacked by private persons during a protest in front of the Presidential House; and the alleged detention of 22 buses containing indigenous peoples from Olancho and Jesus de Otoro.

 

PM 196/09 – Foreign Minister of Honduras, Patricia Rodas, and request of information on other persons

 

On June 28, 2009, the IACHR granted precautionary measures in favor of the Foreign Minister of the Republic of Honduras, Ms. Patricia Rodas. The decision adopted by the Commission is based on requests for precautionary measures presented by several organizations, as well as on publicly-known recent events, according to which Minister Rodas has been arbitrarily deprived of her liberty and her whereabouts remain unknown. The IACHR requested the State of Honduras to clarify her situation and her whereabouts; to adopt the necessary measures to guarantee her life and personal integrity; and to ensure her immediate freedom. The Commission informed the State that it should receive information about the implementation of the requested measures in an urgent manner, no later than June 30, 2009.

 

Moreover, the Commission requested that the State of Honduras provide information on the situation of other high State officials, relatives of President Manuel Zelaya and social leaders so that it can decide on whether to grant several requests for precautionary measures. The IACHR established the same deadline of June 30, 2009, to receive information about the situation of these persons and on any other measure that might be adopted to safeguard their security. The following is the list of persons about whom the IACHR requested information:

 

State Authorities:

César Ham, Representative in the National Congress by the Partido Unificación Democrática;
Marvin Ponce, Representative in the National Congress by the Partido Unificación Democrática;

Enrique Flores Lanza, Secretary of the Presidency;

Mayra Mejía, Secretary of Labor;

Doris García, Minister of the National Institute of Women;

Miriam Mejh, Youth Institute;

Milton Jiménez Puerto, President of the Commission of Banks and Insurance;

Marco Tulio Burgos Córdova, National Commissioner of the Permanent Committee of Contingencies;

Luter Castillo Harris, Manager of External Cooperation of the Ministry of Foreign Relations;

Arcadia López, Staff Minister in the Presidential House;

Carlos Melano, assistant to President Zelaya;

Enrique Reina, assistant to President Zelaya; and

All other Ministers, Vice Ministers and members of the Cabinet of President Zelaya Rosales.

 

Relatives of President Manuel Zelaya

 

Popular Leaders

Rafael Alegría, national leader of Vía Campesina;

Ángel Alvarado, of the Comité Nacional de Resistencia;

Juan Barahona, of the Bloque Popular;

Bertha Cáceres, of the Consejo Cívico de Organizaciones Populares e Indígenas de Honduras (COPIHN);

Eulogio Chávez, of the Comité Nacional de Resistencia;

Bertha Oliva de Nativí, of the Comité de Familiares Detenidos – Desaparecidos de Honduras (COFADEH);

Andrés Pavón Uribe, of the Comité de Derechos Humanos de Honduras (CODEH);

Marvin Ponce, of the Consejo Cívico de Organizaciones Populares e Indígenas de Honduras;

Carlos Eduardo Reina, of the Comité Nacional de Resistencia;

Carlos Humberto Reyes, of the Bloque Popular;

Sara Elisa Rosales, of the organization Las Lolas y Movimiento Feminista;

Israel Salinas, of the Sindicato Mayoritario; and

Salvador Zúñiga, of the Consejo Cívico de Organizaciones Populares e Indígenas de Honduras.

 

PM 56/08—Ngöbe Indigenous Communities et al., Panama 

 

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.

 

PC 236/08 – Persons Deprived of Liberty in the Polinter-Neves Penitentiary, Brazil

 

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 136/09 – Iduvina Hernández and 12 members of the SEDEM, Guatemala

 

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 150/09 – Mario David García and his family, Guatemala

 

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 139/09 – Martha Lucía Giraldo Villano and others, Colombia

 

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 255/08 -19 Surviving Members of the Community of El Jute, Guatemala

 

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 120/09 – Marcelino Coache Verano y familia, Mexico

 

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 91/08 – Federación Agrominera del Sur de Bolívar (FEDEAGROMISBOL), Colombia

 

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 5/09 – X, Haiti

 

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 63/09 – Raúl Santiago Monzón Fuentes, Gladys Monterroso Velásquez de Morales et al., Guatemala

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 80/09 – Ronald John, Trinidad and Tobago

 

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.

 

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 69/09—Inés Yadira Cubero González, Honduras

 

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 78/09 – Ronald Tiwarie, Trinidad and Tobago

 

On April 3, 2009, the IACHR granted precautionary measures for Mr. Ronald Tiwarie, who 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.

 

PM 10/09 – Wong Ho Wing, Peru

 

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.      

 

PM 50/09 - Alejandro Jiménez Blanco, Cuba

 

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 301/08—Leaders of the Indigenous Regional Council of Cauca (CRIC) and their Advisers, Colombia

 

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.