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PRESS RELEASE
No. 44/02
THE IACHR CLOSES ITS 116º ORDINARY SESSIONS 1.
The Inter-American Commission on Human Rights (IACHR) concluded its
116 regular period of sessions on October 25, 2002.
Dr. Juan E. Méndez, President; Lic. Marta Altolaguirre, First
Vicepresident; Dr. José Zalaquett, Second Vicepresident; and Commissioners
Prof. Robert K. Goldman, Dr. Julio Prado Vallejo, Dr. Clare Kamau Roberts and Dr. Susana Villarán, participated
in the session. The Executive
Secretary of the Inter-American Commission is Dr. Santiago A. Canton. I. REPORT ON
TERRORISM AND HUMAN RIGHTS 2. The IACHR
devoted a substantial part of its sessions to the study and approval of its
draft report on terrorism and human rights.
Once the final editing and translation of the report are concluded,
it will be released to the public in a press conference together with the
corresponding executive summary.
The Commission trusts that the
report will assist the Member States and other actors interested in the
Inter-American system in the planning and implementation of effective
antiterrorist initiatives
that fully comply with fundamental rights and liberties. II. PETITIONS,
INDIVIDUAL CASES AND PRECAUTIONARY MEASURES 3.
The Commission continued with the consideration of numerous petitions
and individual cases relating to alleged violations of the human rights
protected by the American Convention, the American Declaration and other
applicable instruments. It
adopted 38 reports, in total on those petitions and cases.
The Commission also considered requests pursuant to Article 25 of its
Rules of Procedure and decided to grant precautionary measures in relation
to seven requests. A list of 26
reports with respect to which the IACHR’s decision is public, as well as
the list of precautionary measures granted is attached. III.
CASES AND OTHER REQUESTS SUBMITTED TO THE INTER-AMERICAN COURT
4.
As from the conclusion of its previous regular period of sessions,
the IACHR has submitted the following cases to the contentions jurisdiction
of the Inter-American Court of Human Rights: Plan de Sánchez (Guatemala);
“Correccional de Menores Panchito López” (Paraguay); Ricardo Canese
(Paraguay); Gómez Paquiyauri (Peru); and Lori Berenson (Peru).
5.
Further, since March of 2002 the Commission requested provisional
measures to protect the lives and physical integrity of inmates held at the
prison of Urso Branco in Brazil and to protect the human rights defender
Helen Mack and the personnel of the Fundación Myrna Mack in Guatemala.
IV.
HEARINGS AND MEETINGS
6.
During the week of October 14 to 18, 2002, the Inter-American
Commission held 61 hearings. Some
referred to the admissibility, merits, friendly settlement and follow up of
cases and individual petitions. Others
were granted in order to receive information of a general nature on the
situation of human rights in a particular country or on a thematic area
within the competence of the IACHR. The
complete list of hearings also appears as an annex. 7.
As part of the agenda for the period of sessions, the members of the
Commission conducted more than 50 working meetings with the parties in
petitions and cases relating to Argentina, Brazil, Colombia, Ecuador,
Guatemala, Mexico, Nicaragua, Peru and Venezuela. Various issues were
explored with a view to advancing diverse matters, especially those in which
friendly settlement is under consideration.
8.
As far as general situations are concerned, the Inter-American
Commission held hearings to receive information relating to Argentina,
Brazil, Colombia, Cuba, El Salvador, Guatemala, Haiti, Mexico, Panama, Peru,
and Venezuela. The Commission
also held hearings on legislative proposals regarding the imposition of the
mandatory death penalty in Barbados and Belize.
The Commission also received information on the death penalty in
Guatemala. The IACHR devoted
special attention as well to topics such as the administration of justice in
Argentina and Colombia. In the
area of impunity, it analyzed the situation in El Salvador vis-à-vis
the armed conflict in the 1980s; and it also received information regarding
impunity for human rights violations that occurred during the period from
1968-1989 in Panama. Para
police violence in Venezuela was also the object of a hearing, as well as
torture complaints in Mexico, and the official initiatives directed to
punish and eradicate such violations.
9.
As part of the fulfillment of its mandate on specific themes, the
IACHR received information relating to the situation of the rights of women
in the Hemisphere from a large delegation of representatives of
organizations dedicated to promotion and protection of these rights.
The IACHR also received organizations of civil society and
representatives of the State to present information on the situation of
women killed or disappeared in Ciudad Juárez, Mexico. 10.
In relation to the rights of children in the Hemisphere, in a hearing
requested by the United Nations International Children’s Fund the
Commission received the representative of UNICEF in Central America, the
Director of the Inter-American Institute of Children (IIN) and a number of
organizations of civil society devoted to the protection and promotion of
the rights of children in the region. 11.
The rights of indigenous peoples in Guatemala as well as the issue of
indigenous land and land reform in Paraguay were also the subject of
hearings during this regular period of sessions.
12.
The IACHR also held a hearing on the situation of refugees and other
persons requiring protection in the Hemisphere, with the participation of a
representative of the Office of the High Commissioner of the United Nations
for Refugees (ACNUR). Another
issue on which the Commission received information was the impact of
environmental degradation upon the enjoyment of the human rights of the
inhabitants of the Americas, as presented by a group of specialists and
academics, including the Special Rapportuer of the United Nations on the
illegal transnational movement of toxic waste and dangerous products.
The Commission also received information on the effective respect of
the right to freedom of expression in Central America as well as on
community radios in the Hemisphere. Additionally,
during these hearings the IACHR was informed of the situation of persons
infected of HIV/AIDS in several countries of the Americas, from the
perspective of the enjoyment of rights protected by the instruments of the
Inter-American System. 13.
Also during these period of sessions the IACHR met with
representatives of various Governments and organizations of civil society. In particular it met with representatives from Antigua and
Barbuda, Bahamas, Barbados, Belize, Grenada, Guyana, Jamaica, Saint Lucia,
Saint Vincent and the Grenadines, Suriname, members of the Caribbean
Community (CARICOM). This
meeting generated an exchange relating to different issues of common
interest in the area of promotion and protection of human rights in the
Caribbean. 14.
The Commission again devoted special attention to the work of human
rights fenders in the Hemisphere. During
the session, the members of the Commission held a meeting with a delegation
of representatives from the Coalition of Non-Governmental Organizations.
The Executive Secretary and the Human Rights Defenders Unit of the
IACHR shared information on the preparation of a report on the situation of
human rights defenders in the Hemisphere with a substantial delegation of
representatives from civil society, some of them present at headquarters
with the purpose of attending the hearings on petitions, cases and general
matters relating to the defense and promotion of fundamental rights in the
Americas.
15.
During the sessions, the media in Colombia reported that the
Colombian Commission of Jurists would produce “faceless witnesses” in
one of the hearings. In
response, the IACHR contacted the newspaper involved to request the
rectification of this erroneous information.
16.
The Commission reminds the member States of their obligation to
ensure the safety of persons appearing before the Inter-American human
rights System.
17. The Inter-American Commission initiated the consideration of its Annual Report for 2002, which shall be presented to the OAS General Assembly in June of 2003 in Santiago, Chile. 18.
During the sessions, the IACHR also made public and available on its
website, a version of its 2001 Annual Report in Portuguese. It is the first time in many years that the Commission makes
its annual report of activities available in that language.
This constitutes an important initiative to promote the work of the
IACHR in Brazil and among Portuguese speakers.
The translation and publication of the report were made possible by a
significant financial contribution by the Government of Brazil during 2001. VI.
RATIFICATION OF HUMAN RIGHTS INSTRUMENTS
19.
During the year 2002, several States have ratified various
instruments of the Inter-American System.
The IACHR salutes the ratification of the Inter-American Convention
on Forced Disappearance of Persons by Mexico on April 9, 2002. The Commission also wishes to highlight the ratification of
the Inter-American Convention for the Elimination of All Forms of
Discrimination against Persons with Disabilities, by Chile and El Salvador,
on February 26 and March 8, 2002, respectively. 20.
The Inter-American Commission calls once more upon the member States
of the OAS to continue ratifying these and other Inter-American instruments
with the purpose of achieving the universalization of the system and provide
for enhanced international protection of the fundamental rights of all
inhabitants of the Americas. 21.
The Commission also urges the member States of the Organization to
consider the importance of approving the Optional Protocol to the UN
Convention against Torture and other Cruel, Inhuman and Degrading Treatment.
This instrument in force at the universal level provides for the
creation of an independent international organ constituted by experts with
the mandate to periodically visit detention centers and monitor the
treatment of persons deprived of their liberty.
22.
Close to the end of its sessions, the Commission learned that high
ranking officers of the Armed Forces in Venezuela had called upon their
comrades to rebel against the civilian authorities.
Fortunately there has been no impact on the institutional order of
that country. The IACHR
reiterates that the exercise of freedom of expression, including calls to
civil disobedience, is legitimate. However
a summons of members of the military to insubordination against civilian
authorities is illegitimate and places institutional stability at risk. 23.
The summary of activities of these sessions illustrates, to an
extent, some of the main concerns in the area of human rights that the
Inter-American Commission has recently considered a priority.
What follows are some brief considerations in this regard. 24.
After the deplorable events of September 11, 2001 in the United
States, the issue of terrorism and the measures that states must adopt to
combat it has captured international attention and generated great concern
around the globe. Throughout
its history the Commission has, on various occasions, strongly condemned
terrorist actions and it has identified the legitimate ways to confront this
scourge. Invariably, the
Commission has upheld the compatibility and interdependence of human rights
and the effective fight against terrorism within the framework of the rule
of law. The purpose of any
effective measure against terrorism must ensure the preservation of
fundamental rights and the democratic institutions that terrorist actions
seek to weaken and eventually destroy. 25.
The world has changed much since September 11 of last year.
Unfortunately, the exclusion of the vast majority of the population
in the Hemisphere from the effective enjoyment of economic, social and
cultural rights remains among the factors that have not been altered.
In a majority of member States of the Organization of American
States, the exclusion from the benefits of progress has placed large sectors
of society in situations of particular vulnerability.
In this respect the IACHR notes that the socio-economic crises as
well as some of the measures adopted in search of a solution have destroyed
the standard of living of the inhabitants in many of our countries, at times
with a serious impact, real or potential, upon the institutions of the State
and the rule of law. 26.
The institutions conceived pursuant to the rule of law are
inseparable from notion of democracy as the fundamental basis for the
enforcement and protection of human rights in our Hemisphere.
The IACHR shall continue to advocate for the preservation and
development of democracy and the right of the inhabitants of the Americas to
feel represented and protected by this system of government. 27.
The holding of free elections in almost all of the member states of
the Hemisphere is a fundamental step forward and yet the weakness of
democratic institutions in several countries of the region affects the
effective enforcement of fundamental rights and generates a propitious
atmosphere for social crisis. Without
lasting stability, it is not possible to conceive of sustained social,
economic, and cultural development in the region.
28.
The strengthening of democracy in the Hemisphere must include the
full respect for the work of human rights defenders.
The Commission has repeatedly pronounced against attacks that
directly or indirectly hinder or render the work of human rights defenders
in the Americas even more difficult. However,
it has continued to receive complaints of different kinds of attacks and
acts of intimidation against persons dedicated to the protection of the
fundamental rights in the region. Each
day new offenses are perpetrated against human rights defenders and their
organizations, including attacks against physical integrity and extra
judicial executions. The
available information indicates that a vast majority of these attacks are
carried out with impunity.
29.
The region is not immune to the increasingly complex realities at the
international level. New
challenges must be faced with creativity and must take into account the
achievements made during long and intense years.
The Commission wishes to underscore that States have not and should
not deviate from their commitment to respect the international legal order.
The problems briefly outlined must be confronted within the framework
of the international mechanisms with the necessary elements to respond to
the fundamental necessities of
security and justice. The IACHR
considers that this approach is the only option available to prevail upon
scourges such as authoritarianism and terrorism,
while working for the development and improvement of standards of living
in the Hemisphere without discrimination.
30.
The IACHR aspires to successfully comply with the tasks for which it
is responsible and the mandates conferred upon it by the political organs of
the Inter-American System. The
IACHR’s volume of work has increased considerably during the last few
years. However, the financial
resources required to carry out the delicate functions and mandates
conferred by the Summit of the Americas have not been allocated.
As direct consequence of this situation, the Inter-American
Commission faces the serious risk of failing to duly attend to its mandate
to protect and promote human rights in the Hemisphere.
31.
In this sense, the Commission appreciates the financial support
received from several States of the region and Permanent observers of the
OAS. Nonetheless, the General
Assembly has on various occasions has urged the member states to provide
financial support the work of the Commission.
During its last session held in Barbados, the General Assembly
approved Resolution 1890 of June 4, 2002 on the “Evaluation of the
workings of the Inter-American system for the protection and promotion of
human rights with a view to its improvement and strengthening”.
The document reaffirms the intent of the OAS to “..continue taking
concrete measures aimed at implementing the mandates of the heads of state
and government on the strengthening and improvement of the inter-American
human rights system, as set forth in the Plan of Action of the Third Summit
of the Americas”, including “a substantial increase in the budget of the
Court and the Commission so that, within a reasonable time, the organs of
the system may address their growing activities and responsibilities.” ************** 32.
The next ordinary sessions of the IACHR will be held in its
headquarters between February 18 and March 7, 2003. Washington,
D.C., October 25 2002
ANNEX PRESS
RELEASE 44/02 116th
SESSIONS OF THE IACHR I.
REPORTS
A. ADMISSIBILITY
- Argüelles et al., P
12.167, Argentina - Simone André Diniz,
P 12.001, Brazil - Damião Ximenes
Lopes, P 12.237, Brazil - Adolescents under the
custody of FEBEM, P 12.328, Brazil - José del Carmen Álvarez
Blanco et al, P 11.748, Colombia - Mariela Morales Caro
et al., P 11.995, Colombia - Leydi Dayan Sánchez,
P 12.009, Colombia - Luis Alfredo
Almanacid Arellano, P 12.057, Chile - Cristian Daniel Sahli
Vera et al., P 12.219, Chile - Laura Albán Cornejo,
P 419/01, Ecuador - Vicente Aníbal
Grijalva Bueno, P 649/01, Ecuador - Roberto Sassen Van
Esloo Otero et al., P 183/02, Ecuador -
Ronald Raxacacó, P 050/02, Guatemala - Fermín Ramírez, P
320/02, Guatemala - Dixie Urbina Rosales,
P 11.562, Honduras - Santander Tristán
Donoso, P 12.360, Panama - Heliodoro Portugal, P
357/01, Panama - Cesantes y Jubilados
de la Contraloría General de la República, P 12.357, Peru - Janet Espinoza Feria
et al., P 057/01, Peru - Arnold Ramlogan, P
12.355, Trinidad and Tobago - Alladin Mohammed, P
842/01, Trinidad and Tobago B.
MERITS The
Commission approved 16 reports on the merits and adopted the decision to
publish the following cases: -
Ramón Martínez Villareal, case 11.753, United States -
Michael Domínguez, case 12.285, United States -
Paul Lallion, case 11.765, Grenada -
Benedict Jacob, case 12.158, Grenada -
Finca La Exacta, case 11.382, Guatemala -
Denton Aitken, case 12.275, Jamaica C.
ARCHIVES - Mengo-Bitha Munsi, P
11.332, Canada - Valiam Kordou y otros,
P11.741, Canada - Roberto San Vicente,
P 11.838, Canada - Recaredo Ignacio
Valenzuela et al., P 11.659, Chile - Rosa Astudillo et
al., P 11.266, Ecuador -
Alexander Williams, P 12.348, United States - Hortencia Araceñy
Herrera, P 10.646, Guatemala - Otto Iván Rodríguez
Venegas, P 10.863, Guatemala - Comunidades de
Población en Resistencia, P 11.145, Guatemala - Evelyn Elizabeth de
León Recinos et al., P 11.208, Guatemala - Guillermo Aníbal
Mendoza García, P 11.209, Guatemala - Vecinos de San Jorge
La Laguna, P 11.232 Guatemala - Rosalina Tuyuc, P
11.385, Guatemala - Víctor Manuel de León
Cano, P 11.471, Guatemala - Cornelio Camey Noj, P
11.615, Guatemala - Oscar Arturo González
Ruiz, P 11.578, Guatemala - Juan Abrego Choy, P
11.429, Guatemala - Jesús Herrera
Dominoti, P 10.825, Peru - Faustino Huamaní
Rodríguez, P 11.133, Peru - Oscar Antonio Vinces
Rodríguez, P 11.185, Peru - Luis Enrique Quinto
Facho, P 11.191, Peru - Yahude Simón Munaro,
P 11.192, Peru - Empleados Jubilados
de Electrolima, P 11.496, Peru - Francisco José
Franco, P 11.881, Dominican Republic II. PRECAUTIONARY MEASURES -
Guadalupe Olvera et al.,
Mexico -
Egon Hidalgo Salvador, Guatemala - File Lysias Fleury,
Haiti - Luis Enrique Uzcátegui
Jiménez, Venezuela - María Ramona Daza et
al, Venezuela - Zunilda María de
Araujo et al., Brazil III.
HEARINGS (in
the order they were held) 1.
Case
12.138 - María Teresa de la Cruz Flores,
Peru 2.
Cases
11.830 and 12.038 (Peru) 3.
Follow up on cases (Joint press release
February 22, 2001), Peru 4.
General
Situation of Human Rights in Peru 5.
Case
12.249 - Jorge Odir Miranda Cortez et al, El Salvador 6.
Situation
of impunity after the armed conflict, El Salvador 7.
General
Situation of Human Rights in El Salvador 8.
General
Situation of Human Rights in Guatemala
9.
Situation
of the application of the death penalty in Guatemala 10.
Situation of
indigenous persons in Guatemala 11.
Case 12.352 - Bruce Harris Lloyd,
Guatemala 12.
Situation of
human rights in Espíritu Santo, Brazil 13.
Case 12.397 - Hélio Bicudo, Brazil 14.
General
Situation of Human Rights in Brazil 15.
Situation of
indigenous land and land reform in Paraguay
16.
General
Situation of Human Rights in Venezuela 17.
Para police grupos in Venezuela 18.
Euclides
Rafael Moreno Morean, Venezuela 19.
P 131/01 -
Janet Delgado, Ecuador 20.
Precautionary
measures Franklin San Andrés Laz et al, Ecuador 21.
Situation of
refugees and other persons requiring protection in the Hemisphere 22. General Situation of Human Rights in Haiti 23.
General
Situation of Human Rights in Colombia 24.
Situation of
the administration of Justice in Colombia 25.
Situation of
human rights in Arauca and Meta, Colombia 26.
Situation of
human rights in the “Comuna 13”, Medellín, Colombia 27.
Case 12.050 – La Granja, Colombia 28.
Precautionary
measures, Colectivo de Abogados, Colombia 29.
Precautionary
Measures, Teniente Orozco Castro, Caso 12.250, Colombia 30.
Precautionary
Measures, Gustavo Petro, Colombia 31.
Situation of persons
infected with HIV/ AIDS in the Hemisphere 32.
Situation of freedom of expression in Central
America 33.
Situation of environment degradation and
human rights in the Hemisphere 34.
Precautionary Measures, Persons detained in
Guantanamo, United States 35.
Situation of impunity for violations
committed between 1968-1989, Panama 36.
Case 12.392 - Pedro Antonio Mejía Guerra, Honduras 37.
Situation of
the rights of women in the Hemisphere
38.
P 729/01 – Whitley Myrie, Jamaica 39.
P 2263/02 - Javier Suárez Medina, United States 40.
General
Situation of Human Rights in Cuba 41.
Situation of
the rights of children in the Americas 42.
Situation of
victims of kidnapping in Colombia 43.
Case 11.141 - Villatina, Colombia 44.
Follow
up of recommendations, Colombia 45.
P 12.376 – Alba Lucía Rodríguez Cardona, Colombia 46.
P 12.291 – Wilson Gutiérrez
Soler, Colombia 47.
P 10.171 - Germán Escué, Colombia 48.
Precautionary
Measures, Embera – Katío, Colombia 49.
Precautionary
Measures, Cacarica, Colombia 50.
P 12.229 -
Digna Ochoa et al,
Mexico 51.
Situation of
women killed or disappeared in Ciudad Juárez, Mexico 52.
Information on
torture in Mexico 53.
Case 12. 130
– Miguel Orlando Muñoz Guzmán, Mexico 54.
Case 12.228 – Alfonso Martín del Campo Dodd,
Mexico 55.
Situation of
the application of the death penalty in Barbados
56.
Situation of
the application of the death penalty in Belize 57.
Situation of
the rights of persons affected by banking measures (“corralito”),
Argentina 58.
General
Situation of Human Rights in Argentina 59.
Situation of
the administration of justice in Argentina 60.
Case 12.388 – Yatama, Nicaragua 61. Situation of community radios and freedom of expression in the Hemisphere |
