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PRESS
RELEASE
|
NUMBER |
NAME |
COUNTRY |
12.053 |
Mayan communities of the District of Toledo |
Belize |
12.417 |
Whitley Myrie |
Jamaica |
P306/99 |
Yamileth Rojas Piedra |
Costa Rica |
P11.735 |
María Teresa Bulnes Acosta |
Honduras |
P2584/02 |
Laura Tena Colunga and others |
Mexico |
P369/01 |
Luis Guillermo Bedoya de Vivanco |
Peru |
P12.180 |
Peru |
|
P12.064 |
Pablo José Gonçalvez |
Uruguay |
P12.210 |
Félix Esparragoza González and Neiro Molina Peñaloza |
Venezuela |
P12.056 |
Gabriel Oscar Jenkins |
Argentina |
P12.198 |
Robson William Da Silva Cassiano and others |
Brazil |
P14/04 |
Alfredo Díaz Bustos |
Bolivia |
P301/02 |
Rumaldo Juan Pacheco Osco and others |
Bolivia |
P559/02 |
Nelson Carbajal Carbajal |
Colombia |
P475/03 |
María del Consuelo Ibarguen Rengifo and others |
Colombia |
P12.127 |
Vladimiro Roca Antunez and others |
Cuba |
P771/03 P841/03 |
Cuba |
|
P844/03 |
Lorenzo Enrique Copello Castillo and others |
Cuba |
P292/03 |
Margarita Cecilia Barbería Miranda |
Chile |
P12.316 |
Marcela Irene Rodríguez Valdivieso |
Chile |
P971/03 |
Ricardo Israel Zipper |
Chile |
P167/03 |
Kichwa Indigenous People of Sarayaku |
Ecuador |
P28/03 |
John Elliot |
United States |
P60/03 |
Carlos Antonio Luna López |
Honduras |
P28/04 |
Dudley Stokes |
Jamaica |
P753/02 |
Fabián Moses |
Jamaica |
P938/03 |
Alejandro Junco de la Vega and Eugenio Herrera T. |
Mexico |
P504/03 |
Comunidad San Mateo de Huanchor and its members |
Peru |
P667/01 |
Jesús Naranjo Cárdenas and others (retired workers of VIASA) |
Venezuela |
P11.759 |
María Rosa de los Ángeles Pacheco de Balmaceda |
Argentina |
P721/01 |
Jorgina Maria de Freitas |
Brazil |
P887/03 |
Ximena Laura Villareal López |
Chile |
P11.202 |
Members of the Abenaki indigenous nation of Vermont |
United States |
P11.467 |
Persons of the “Golden Venture Smuggling Vessel” |
United States |
P11.502 |
Ángel Suárez and Osiris Cuesta Viera |
United States |
P421/03 |
Mónica Leggett |
United States |
P11.077 |
United States |
|
P11.300 |
Roberto Cedeño Borgen |
Nicaragua |
P11.437 |
Jesús Hernández González |
Nicaragua |
P11.447 |
Francisco Luis Cano Chavarria |
Nicaragua |
P11.494 |
Porfirio Rayo González and others |
Nicaragua |
P11.310 |
Luis Fleitas Cardozo |
Uruguay |
6. Between October 21 and 27, 2004, the IACHR held 44 hearings on individual cases and petitions, precautionary measures, and general and specific situations relating to human rights in various states and regions. The hearings on individual petitions dealt with questions of admissibility, merits, friendly settlement, and follow-up. The IACHR also received information on the implementation of precautionary measures, and the continuance of conditions of severity and urgency.
7. The IACHR held hearings on the general human rights situation in several countries of the region. During those hearings, general information was received on the situation in Bolivia, Chile, Cuba, Haiti and Jamaica.
8. With respect to Colombia, three hearings were held, one of which focused on maintenance of the social and democratic state, the rule of law, and the independence of the judiciary. Another hearing addressed the situation in the departments of Tolima, Arauca, Antioquia and Cauca. Information was also received on the process of demobilizing paramilitary units and the OAS Mission to Support the Peace Process in Colombia (MAPP/OAS).
9. The Commission also examined the situation of victims of the domestic armed conflict in Guatemala, and the National Compensation Program in that country. The Commission recognizes the efforts made and the progress achieved, and considers that this program should be given a legislative framework and budget consistent with its importance.
10. The Commission also received information on the human rights situation in Chiapas, Mexico, and on the situation of impunity in Venezuela. With respect to Peru, it examined complaints of torture, and in another hearing it considered measures in follow-up to the report of the Truth and Reconciliation Commission in that country. During the session, the IACHR also held a hearing on police violence and public security in Rio de Janeiro, Brazil.
11. As it has done in previous sessions, the Commission convened a number of hearings on specific issues within its mandate, or to consider the rights of persons belonging to specific groups. The IACHR held a hearing with representatives of organizations that submitted information on the status of women's rights and the administration of justice in the Americas. It also received reports of the situation of human rights for women in Ciudad Juarez and in Chihuahua, Mexico.
12. With respect to the rights of the child, the Commission held a hearing to address the issue of child labor and the sexual exploitation of minors in Central America. It also held a hearing on the rights of migrant workers and their families in the hemisphere, and another on the rights of persons of African descent in the Americas, dealing in particular with instances of discrimination in Brazil, Colombia and Uruguay.
13. The Commission held three hearings on the rights of persons living with HIV/AIDS. In the first hearing, it considered the situation of such persons in Venezuela, who are covered by precautionary measures ordered by the Commission. It also examined the human rights context of persons living with HIV/AIDS and public financing. Finally, a delegation from the Pan American Health Organization (PAHO) presented a report on the severity of the situation in the region, and on cooperation between PAHO and the IACHR.
14. The situation of human rights defenders in Latin America was examined during a hearing that attracted broad representation from civil society organizations in the Americas. That hearing addressed various problems that hinder or prevent efforts to defend human rights in the hemisphere, ranging from threats and assassinations to undue restrictions and other forms of harassment.
15. The schedule of hearings also included an examination of economic, social and cultural rights in Venezuela, and a report on the impact of impunity for human rights violations in that country. The situation of prisoners in El Salvador was also the subject of a hearing, during which petitioners submitted information on the alarming prison conditions in that country, and the government outlined some of the initiatives that it is taking to deal with that situation.
16. Information was also received on follow-up to the recommendations of the Truth and Reconciliation Commission (CVR) in Peru, at a hearing attended by a delegation of the Peruvian State and representatives of the National Coordination Office for Human Rights. The IACHR recognizes the efforts that the Peruvian State has made to implement those recommendations, in particular as they relate to health and education. It also notes that prosecution has begun against persons accused of violating human rights, as documented in the final report of the CVR. Finally, the Commission urges the Peruvian State to continue this process through the Commission for Monitoring and Implementation of the Recommendations of the CVR. To this end, it should amend the mandate of that commission and provide it with an adequate budget.
17. A hearing was held with Dr. Roberto Cuéllar, Executive Director of the Inter-American Institute for Human Rights (IIHR). The Commission was given a report on the IIHR study on the status of human rights education in 19 countries of the region. With respect to interinstitutional cooperation, the IACHR signed a cooperation agreement with the Human Rights Committee of the Latin American Parliament (PARLATINO).
18. On other issues included within its mandate to protect and promote human rights, the Commission received information on human rights and economic integration in the hemisphere. It also held a hearing on the protection of human rights and fundamental freedoms in the struggle against terrorism, an issue that was the subject of a special report by the Inter-American Commission, published in December 2002.
Case 12.440 - Wallace de Almeida, Brazil
Case 12.448 - Sergio Emilio Cadena Antolinez, Colombia
Case 12.281 – Gilda Pizarro and others, Chile
P 844/03 – Lorenzo Enrique Copello and others, Cuba
Cases of forced disappearance during the 1980s, Honduras
Case 11.802 – Ramón A. Hernández and others, Honduras
P 777/01 - Rosendo Radilla Pacheco, Mexico
P4614/02 – Wilmer González Rojas, Nicaragua
Case 12.408 - Heliodoro Portugal, Panama
Petitions and Cases of dismissed magistrates and prosecutors, Peru
C. Hearings on precautionary measures
Precautionary measures for social leaders of Arauca, Colombia
Precautionary measures at La Balsita, Dabeiba, Colombia
Precautionary measures Embera Chamí indigenous community, Colombia
Precautionary measures for Jorge Isaac Aramburó and requests for information on the Afro-Colombian communities of the Rio Yurumangi Valley, Colombia
19. The Special Rapporteur for Women's Rights is Commissioner Susana Villarán. The Rapporteur pursued various activities between March and October 2004, relating in particular to women's access to justice and their right to live free of violence and discrimination. A visit to Guatemala was conducted between September 12 and 18, 2004, to examine the situation of killings and other forms of violence against women in that country. The Rapporteur welcomed the openness of the representatives of the Guatemalan State with whom she spoke, and the transparency and promptness with which the information requested by the IACHR delegation was delivered. She also mentioned the key role that Guatemalan women are playing in strategies and efforts to promote and protect their fundamental rights, and the dignity and confidence with which victims and their families presented their troubling testimony. The initial conclusions and recommendations from the visit can be found at the web page of the Inter-American Commission (www.cidh.org). The Special Rapporteur is preparing a report with specific recommendations, which will be submitted very shortly to the IACHR. In the course of its hearings during the session, the IACHR also received information from the Mexican State and from representatives of civil society on the status of women in Ciudad Juarez and in Chihuahua, Mexico. The report by the Special Rapporteur on that situation served as the framework for the hearing, which was attended by an important and representative delegation of the Mexican State and by organizations of civil society.
20. The Special Rapporteur for the rights of indigenous peoples is Commissioner José Zalaquett. Through the Rapporteurship, the IACHR has continued to assist the working group that is preparing the Draft American Declaration of the Rights of Indigenous Peoples. The Commission welcomes the efforts that member states are making in preparing this draft, and the progress that has been achieved, with respect both to substantive points of the text and to strengthening the participation of representatives of indigenous peoples. The Special Rapporteurship has cooperated constantly in processing petitions relating to indigenous rights, in which an increasing number of collective complaints have been noted, relating to alleged violations of the right to life, to personal integrity, to community property, and to cultural identity for indigenous peoples. In September 2004, the Special Rapporteur ship participated in the visit to Guatemala, during which a series of reports were received from indigenous women's organizations on the discrimination that they face because of their ethnic origin, and that is reflected in various spheres of national life. In terms of promotional activities, the Rapporteurship participated in the human rights workshop for persons with disabilities in the region of Gracias a Dios, Honduras, held jointly with the Pan American Health Organization.
21. The Special Rapporteur for Children is Commissioner Paulo Sérgio Pinheiro. A program to strengthen this rapporteurship was recently completed, under a cooperation agreement with the Inter-American Development Bank. Pursuant to that agreement, the Rapporteur conducted various promotional activities, including 11 workshops in several countries. The office also published a book on children and their rights in English, Spanish and Portuguese. The main issue dealt with by the Special Rapporteur during this session was the situation of children and teenagers in conflict with the law. On this point, the Rapporteur expressed particular concern at certain proposed policies and legal amendments that would seem to ignore international standards by placing too much emphasis on punishment and suppression in the treatment of such cases. In this respect, the Rapporteur is preparing a visit to several Central American countries to investigate the situation.
22. On April 16, 2004,the Special Rapporteur for this issue, Commissioner Freddy Gutierrez, participated in a special session of the Working Group of the Committee on Juridical and Political Affairs to prepare an inter-American program for the protection and promotion of the human rights of migrant workers and their families. Subsequently, on September 30, 2004, he represented the IACHR at a working session to identify proposals, best practices and concrete activities for preparing this program. The Special Rapporteur also attended the sessions of the 92nd International Labor Conference in June 2004 in Geneva.
23. Commissioner Florentin Melendez is the Rapporteur for the rights of persons deprived of their liberty. Prison conditions continue to be a serious problem affecting human rights in the region. The Rapporteur prepared and submitted to the IACHR a work plan covering the next three years, and including activities to promote legal development in the inter-American system through the adoption of an inter-American declaration on principles, guarantees and minimum rules of protection for persons deprived of their liberty. It also includes the preparation of a report on prison conditions in the Americas, with a program of visits to various countries in the hemisphere and the collection of relevant information on this issue. Finally, the plan calls for a series of promotional activities.
24. The Special Rapporteur for freedom of expression is Dr. Eduardo Bertoni. He heads a permanent office, which was created by the IACHR and operates independently with its own budget within the IACHR legal framework. The Special Rapporteur reported an increase in violent acts against persons who express themselves freely, and against journalists in various member states of the OAS. His office also organized seminars in Honduras, El Salvador and Guatemala, intended to publicize the legal parameters of the inter-American system as they relate to freedom of expression. Mention should be made of various promotional materials that have been published, such as the book on access to public information on the Americas, and a CD with information on the inter-American system relating to freedom of expression, and inauguration of an updated Internet site. Among the issues relating to freedom of expression in the hemisphere, special mention should be made of important recent decisions by the Inter-American Court in the cases of Herrera Ulloa (Costa Rica) and Ricardo Canese (Paraguay). There has been progress in legislative reforms to reflect the standards of the inter-American system, particularly with respect to access to public information and the repeal of desacato laws that criminalize libel and defamation.
25. During its session, the Inter-American Commission considered the creation of a special rapporteurship on the rights of persons of African descent and on racial discrimination. The mandate and work program of that special rapporteurship will be examined further by the IACHR has its next regular session.
IV. SESSION OF THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS
26. The IACHR was invited to participate in a session of the Committee on Juridical and Political Affairs of the OAS Permanent Council, together with the President of the Inter-American Court of Human Rights and the Director of the Inter-American Institute of Human Rights. At that session, the President of the IACHR, Commissioner José Zalaquett discussed that body's position with respect to its independence and autonomy, its serious financial situation, and the consideration that it has been giving to the inter-American system for the protection and promotion of human rights, among other matters. The Inter-American Commission reaffirmed the importance of its independence and autonomy as a principal human rights organ of the Organization of American States, a position that received firm and generalized support from Member States.
27. Since the previous regular session of the Inter-American Commission, 12 new cases have been submitted to the contentious jurisdiction of the Court:
1. Pedro Huilca Tecse, Peru
2. José Del Carmen Álvarez Blanco and others (“Pueblo Bello”), Colombia
3. Wilson Gutiérrez Soler, Colombia
4. Humberto Palamara Iribarne, Chile
5. García Asto y Ramírez Rojas, Peru
6. Blanco Romero, Hernández Paz and Rivas Fernández, Venezuela
7. La Granja and El Aro, Colombia
8. Hugo Juárez and others “Centro Penal Miguel Castro Castro”, Peru
9. Fermín Ramírez, Guatemala
10. Santiago Fortunato Gómez Palomino, Peru
11. Ronald Raxcacó, Guatemala
12. Damião Ximenes Lopes, Brazil
28. The Commission also submitted 10 applications for provisional measures: Pueblo Indígena Sarayaku (Ecuador), Pueblo Indígena Kankuamo (Colombia), Carlos Nieto Palma (Venezuela), El Nacional and Asi es la Noticia (Venezuela), 19 Merchants (Colombia), Globovisión (Venezuela), Raxcacó and others (Guatemala), Boyce and Joseph (Barbados), Eloisa Barrios and others (Venezuela) and Penitenciaría de Mendoza and Unidad Penitenciaria Gustavo André de Lavalle (Argentina).
29. The IACHR also requested an advisory opinion from the Court on "Legislative or other measures that deny judicial appeal or other effective recourse for challenging the death penalty (Articles 1.1, 2, 4, 5, 8, 25, 29 and 44 of the American Convention on Human Rights)".
30. During the period between the regular sessions of the Inter-American Commission, a joint session was held with judges representing the Inter-American Court and with personnel of its Secretariat, in Mexico City, during its 120th special session. On that occasion, a number of questions of interest to both bodies were addressed, referring in particular to consideration of ways to strengthen the inter-American system of human rights.
31. As part of its work program for the 121st regular session, the IACHR received the President of the Inter-American Court, Dr. Sergio Garcia Ramirez, and its Secretary, Dr. Pablo Saavedra Alessandri. The timing was propitious for an exchange of information on procedural issues and on strengthening the Inter-American human rights system, particularly with respect to adjusting the regular OAS budget to the current workload of the two bodies. The President of the Inter-American Commission and the President of the Court participated in a working session with the Permanent Council of the OAS on October 26, 2004.
32. The IACHR must again draw attention to its severe financial situation. For the first time in its history, it found itself, only a few weeks before its regular session was scheduled, without the funds needed to hold that session. The scope of its financial crisis is a reflection of the substantial increase in the number of complaints received (up 170% in the last 7 years), and the reduction in professional and administrative staff financed from the regular OAS budget, as well as a 10% cut in the overall IACHR budget for 2005.
33. The Inter-American Commission again notes and welcomes the significant financial contributions made by the governments of Brazil, Costa Rica, Denmark, Finland, France, Mexico, Spain, Sweden, and the United States, as well as the funding provided by the Inter-American Development Bank, the European Commission, the Ford Foundation and Notre Dame University. These contributions have contributed concretely to strengthening the inter-American human rights system.
34. The next regular session of the IACHR will be held from February 21 to March 11, 2005.
Washington D.C., October 28, 2004