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...continued
1. Precautionary
measures
granted or extended by the Commission during 2001
9.
Precautionary measures are provided for in Article 25 of the
Commission’s Rules of Procedure, which grants the Commission the
following powers: (1) In serious and urgent cases, and whenever necessary,
according to the information available, the Commission may, on its own
initiative or upon request by a party, request that the State concerned
adopt precautionary measures to prevent irreparable harm to persons. (2)
If the Commission is not in session, the President, or, in his or her
absence, one of the Vicepresidents, shall consult with the other members,
through the Executive Secretariat, on the application of the provision in
the previous paragraph. If it is not possible to consult within a
reasonable period of time under the circumstances, the President shall
take the decision on behalf of the Commission and shall so inform its
members. (3) The Commission may request information from the interested
parties on any matter related to the adoption and observance of the
precautionary measures. (4) The request for such measures and their
adoption shall not prejudice the final decision.
10.
Below the IACHR presents a summary of the 54 precautionary measures
granted or extended during 2001, ordered by the country involved. It
should be noted that the number of precautionary measures does not
correlate with the number of individuals protected thereby: as can be seen
below, the IACHR’s precautionary measures can protect either one person
or an unquantifiable group of persons, often covering entire populations
or communities.
a.
Argentina
11.
On August 27, 2001, the Commission asked the Argentine State to
take the steps necessary to protect the life and person of María Dolores
Gómez and her family and, specifically, to conduct a diligent and
effective investigation of the threats and attacks they had suffered. Ms.
Gómez serves as public defender in the San Isidro judicial department in
Buenos Aires province, and she began to receive threats after making
statements about prison conditions and about the torture and mistreatment
endured by prison inmates. The State replied on September 10, 2001, and
the Commission continues to receive information from both parties on how
the investigation is progressing.
b.
Chile
12.
The Inter-American Commission granted precautionary measures, in
Chile, on behalf of Juan Pablo Améstica Cáceres, Manuel Orlando Farías,
and Náyade Orieta Rojas Vera. These three individuals are carriers of the
human immunodeficiency virus (HIV/AIDS) who contacted the IACHR because
they believed their right to life and health was in serious danger. In its
communication of November 20, 2001, the IACHR informed the Chilean State
that the aforesaid individuals urgently needed basic assistance from state
institutions in order to secure the drugs needed for their treatment; it
therefore requested the adoption of urgent measures to ensure them access
to the medicines needed for their survival and to medical examinations for
the regular monitoring of their health conditions. On December 5, 2001,
the State described the preliminary steps taken at the Ministry of Health
and reported that Juan Pablo Améstica, Manuel Orlando Farías, and Náyade
Orieta Rojas Vera were receiving medication and undergoing examinations in
order for their health conditions to be monitored by the State’s
services. It also requested additional time in which to submit further
information on the case.
c.
Colombia
13.
On January 30, 2001, the Commission granted precautionary measures
and requested that the Colombian State take steps to protect the life and
person of Gloria Gaitán Jaramillo. The information available indicates
that Ms. Gaitán Jaramillo has suffered harassment and persecution, at
both her home and her place of work, as a result of her efforts in
pursuing an investigation into the slaying of her father, Jorge Eliécer
Gaitán, through what is known as the “National and International Truth
Tribunal Campaign.” After the State replied, the parties have continued
to submit information and comments in connection with these precautionary
measures.
14.
On March 2, 2001, the Commission granted precautionary measures and
requested that the Colombian State take steps to protect the lives and
persons of the members of the National Association of Peasant and
Indigenous Women of Colombia (ANMUCIC) and its president, Ms. Leonora
Castaño. The information available indicates that several members of
ANMUCIC have suffered threats and attacks, forcing them to relocate to
different areas of Colombia, to go into exile, or to curtail the
organization’s work in certain regions of the country. The Commission
asked the State, in collaboration with the petitioners and the persons
receiving protection, to adopt measures to guarantee the life and person
of Ms. Leonora Castaño, to protect ANMUCIC’s facilities, particularly
their premises in Bogotá, and to investigate, judge, and punish the
persons responsible for the threats and harassment inflicted on ANMUCIC
and its members. After the State replied, the parties have continued to
submit information and comments in connection with these precautionary
measures.
15.
On March 28, 2001, the Commission granted precautionary measures on
behalf of Ligia Garzón Pinzón, a public prosecutor on Colombia’s
specialized judicial circuit, and her family, who for security reasons had
relocated outside the country. The request for precautionary measures
states that Dr. Ligia Garzón was denied an extension of the leave of
absence allowing her to remain outside the country and, consequently, she
was being forced to return to the Republic of Colombia immediately in
spite of her security concerns. The Commission asked the Colombian
government to take the steps necessary to guarantee the right to life and
person of Ligia Esther Garzón Pinzón and her family, and it undertook a
series of measures that concluded satisfactorily for the parties.
16.
On May 25, 2001, the IACHR granted precautionary measures on behalf
of Berenice Celeyta Alayon, a member of the NOMADSEC organization, who had
received threatening telephone calls and had been followed by persons
unknown, presumably because of her work with social, trade union, and
local leaders in the Valle del Cauca region. The IACHR asked the State, as
a matter of urgency, to take the steps necessary to guarantee the life and
person of Ms. Berenice Celeyta, in collaboration with her, and to launch
an investigation. After the State replied, the parties have continued to
submit information and comments in connection with these precautionary
measures.
17.
On June 4, 2001, the IACHR granted precautionary measures on behalf
of Kimi Domicó, Uldarico Domicó, Argel Domicó, Honorio Domicó, Adolfo
Domicó, Teofan Domicó, Mariano Majore, Delio Domicó, Fredy Domicó, and
other members of the Embera Katio indigenous community of Alto Sinú who
had been abducted from the community’s main town and neighboring areas.
The State was asked, as a matter of urgency, to take the steps necessary
to clarify the whereabouts of these persons and to protect their lives and
persons; to take the steps needed to protect the other members of the
Embera Katio indigenous community of Alto Sinú, working in collaboration
with the petitioners; and to investigate, judge, and punish those
responsible for the attacks perpetrated against the community. After the
State replied, the parties have continued to submit information and
comments in connection with these precautionary measures.
18.
On June 7, 2001, the IACHR granted precautionary measures on behalf
of the students of the chemistry and human sciences schools, the young
communists group (JUCO), the Colombian Association of University Students
(ACEU), and lecturers, employees, and workers affiliated to the
SINTRAUNICOL trade union at the Industrial University of Santander.
After a series of incidents and news reports announcing
violent acts, on May 29, 2001, the AUC sent a message to the UIS’s
chemistry study center, announcing that students from the chemistry, human
sciences, and engineering schools, the young communists group (JUCO), and
the Colombian Association of University Students (ACEU) were to be
considered military targets. The Commission asked the State, as a matter
of urgency, to take the steps necessary to protect the lives and persons
of the students who had been declared military targets by the AUC; to
adopt protective measures with respect to the lecturers, employees, and
workers affiliated to SINTRAUNICOL at
the university; and to investigate the source of the threats in
order to put an end to the harassment of the persons protected by the
precautionary measures. After the State replied, the parties have
continued to submit information and comments in connection with these
precautionary measures.
19.
On July 20, 2001, the IACHR granted precautionary measures on
behalf of Mr. Mario Alberto Arévalo Perdomo, who served as the warden of
the La Picota penitentiary in Bogotá between December 18, 2000, and July
5, 2001. Mr. Arévalo Perdomo received death threats over the telephone at
his home in Bogotá; these were made by persons unknown claiming to be
members of the Calima Bloc of the United Self-Defense Forces of Colombia (AUC)
and by others claiming to be members of the United Self-Defense Forces of
South Cesar and Santander. In addition, during that period he had been
constantly followed by unidentified persons riding motorcycles. The IACHR
asked the Colombian government, as a matter of urgency, to take the steps
necessary to protect the life and person of the individual in question and
to agree on security measures with him, and to investigate the source of
the threats. After the State replied, the parties have continued to submit
information and comments in connection with these precautionary measures.
20.
On August 9, 2001, the IACHR granted precautionary measures on
behalf of Pedro Díaz Romero, Virgilio Hernández Castellanos, Lucía
Margarita Luna Prada, Gonzalo Alirio García Gómez, Maritza González
Manrique, Fernando Niño Quintero, Ramiro Sánchez Pardo, and Jaime Tapias
Carlier, all members of the National Human Rights Unit of the Colombian
attorney-general’s office; in addition, the requested measures were to
apply to their families. The protected persons, in discharging their
duties, began a judicial investigation of Gen. Rito Alejo del Río Rojas
(ret.) in connection with the alleged creation and support of private
vigilante groups during his tenure as the commander of the army’s XVII
brigade in the Urabá region of Antioquia. This investigation led to his
home being searched and his arrest. Almost simultaneously, Pedro Díaz
Romero was asked to resign, Gen. Rito Alejo del Río Rojas (ret.) was
released, and criminal and disciplinary proceedings were ordered against
Lucía Margarita Luna Prada, Gonzalo Alirio García Gómez, Maritza González
Manrique, Fernando Niño Quintero, Ramiro Sánchez Pardo, and Jaime Tapias
Carlier. At the same time, Virgilio Hernández Castellano, who had
previously served as the director of the Human Rights Unit and was at that
time the head of the Anticorruption Unit, was asked to resign. The
Commission asked the Colombian government, as a matter of urgency, to take
the steps necessary to protect the lives and persons of the aforesaid
individuals, to agree on security measures with them, and to refrain from
taking any action in reprisal against the prosecutors and the members of
the CTI for the actions in discharging their duties as prosecutors. After
the State replied, the parties have continued to submit information and
comments in connection with these precautionary measures.
21.
On September 5, 2001, the IACHR granted precautionary measures on
behalf of the people of La Granja, Ituango municipality, in Antioquia, in
connection with case 12.050 currently being processed by the IACHR. The
information available indicated that people had been relocating to the
district’s main town and that a number of its inhabitants had taken
refuge in the church. Since the start of the incursion, six farmers had
been singled out and killed. In their application the petitioners stated
that the AUC had been besieging La Granja district for 43 days, during
which time the authorities had taken no steps to protect the civilian
population. Consequently, the Commission asked the Colombian government,
as a matter of urgency, to take the steps necessary to protect the lives
and persons of the civilian population of La Granja, Ituango municipality,
in the department of Antioquia, and to ensure the presence of the security
forces in that area; to investigate the allegations; and to judge and
punish the guilty. After the State replied, the parties have continued to
submit information and comments in connection with these precautionary
measures.
22.
On September 18, 2001, the IACHR granted precautionary measures on
behalf of trade union leader Hernando Montoya, who had been receiving
repeated threats from a security cooperative called COPROSEG that had
claimed responsibility for killings and several attacks on SINTRAMUNICIPIO
union chiefs. The Commission asked the Colombian government, as a matter
of urgency, to take the steps necessary to protect the life and person of
Mr. Hernando Montoya; to agree on security measures with the petitioners;
and to investigate the source of the threats in order to put an end to the
danger threatening Mr. Montoya. After the State replied, the parties have
continued to submit information and comments in connection with these
precautionary measures.
23.
On September 28, 2001, the IACHR granted precautionary measures on
behalf of the members of Corporación SEMBRAR. This organization
had suffered threats and intimidation following the murder of Yolanda Cerón,
a nun attached to Tumaco diocese’s social pastoral program who worked,
in conjunction with Corporación SEMBRAR, on documenting and
denouncing serious human rights violations. The Commission therefore asked
the Colombian government, as a matter of urgency, to contact the
petitioners in order to agree upon the steps necessary to protect the
lives and persons of SEMBRAR’s members; to investigate the source of the
threats and intimidation; and to bring the guilty to justice. After the
State replied, the parties have continued to submit information and
comments in connection with these precautionary measures.
24.
On November 9, 2001, the Commission granted precautionary measures
to protect the lives and persons of the journalists Oscar Torres (editor
of the Diario Sur newspaper), Cristina Castro (a reporter for the RCN
newscast), Alfonso Pardo (a reporter for the weekly VOZ and peace commissioner for Nariño department), and Germán
Arcos (a cameraman with Caracol Televisión); according to
information received by the Special Rapporteur for Freedom of Expression,
these persons had received serious threats from members of the Southern
Liberators Bloc of the United Self-Defense Forces of Colombia (AUC). The
AUC’s communiqué urged the journalists to renounce their professions
within 48 hours or they would be “executed.” The Commission asked the
Colombian government, as a matter of urgency, to take the steps necessary
to guarantee the lives and persons of the aforesaid individuals; to launch
an investigation; and to adopt the measures needed to put an end to the
threats against these journalists.
25.
On November 26, 2001, the Commission granted precautionary measures
in order to protect the lives and persons of Gerardo Santibañez Potes,
Orlando Ospina Loayza, Dora Galvis, Iván Velásquez, and Carlos Flores
Loaiza; these persons, members of the steering committee of the
SINTREMSDES union chapter in Pereira, had all received threats from the
AUC. At least two members of that chapter had been killed prior to the
request. The Commission asked the Colombian government, as a matter of
urgency, to adopt the measures necessary to guarantee the lives and
persons of the aforesaid individuals; to agree on security measures in
conjunction with the petitioners and the protected persons; and to pursue
an investigation and take the steps necessary to put an end to the threats
being received by the SINTREMSDES members. The Commission continues to
receive information from the parties regarding the situation of the
protected persons.
26.
On December 18, 2001, the Commission granted precautionary measures
in order to determine the whereabouts of Messrs. Robinson Ríos Uribe and
José Gregorio Villada in Antioquia department and to protect their lives
and persons; they were last seen at a Medellín metropolitan police
checkpoint on November 27, 2001, as they were traveling toward Cali. Some
days later, the two young men contacted their families and told them they
had been abducted by a paramilitary group. The Commission undertook a
series of steps toward clearing up this situation during its on-site visit
(December 7-13 , 2001); finally, on December 18, 2001, it asked the
Colombian government, as a matter of urgency, to take the steps necessary
to reveal the whereabouts and guarantee the lives and persons of the
aforesaid individuals and to launch a prompt and effective investigation
using the urgent search mechanism established by Law 589/2000. The
Commission continues to receive information from the parties regarding the
situation of the protected persons.
d. Costa Rica
27.
On March 1, 2001, during its 110th regular session, the
Inter-American Commission granted precautionary measures on behalf of
Mauricio Herrera Ulloa, a journalist, and Fernán Vargas Rohrmose, the
legal representative of the newspaper La
Nación. The measures were granted in light of information submitted
by the petitioners indicating that these individuals’ right to free
expression required immediate protection in order to avoid irreparable
harm. In their petition (processed as case 12.367) and request for
precautionary measures, the petitioners claimed that the journalist
Mauricio Herrera Ulloa had been convicted on criminal charges in Costa
Rica for his reports in La Nación about
a controversial official from that country’s foreign service. The
judgment ordered, inter alia,
Herrera Ulloa to pay a fine; it also admitted a civil suit for damages in
which Herrera Ulloa and the newspaper company La Nación S.A.,
represented by Fernán Vargas Rohrmose, were held jointly liable. The
Commission, basing itself on a recommendation from the Special Rapporteur
for Freedom of Expression, asked the State of Costa Rica to suspend
execution of the sentence until the Commission could examine the case; to
refrain from any act tending toward the inclusion of the journalist
Herrera Ulloa in the Costa Rican Judicial Register of Criminals; and to
refrain from any act or action affecting the right of free expression of
the aforesaid journalist or of the newspaper La Nación. On March 21, the Costa Rican court hearing the case
rejected an application for the sentence execution order to be
revoked—an application that was actually grounded on the Commission’s
request for precautionary measures. The State’s ineffectiveness in
protecting the free expression of Mauricio Herrera Ulloa and Mr. Vargas
Rohrmoser, together with the fact that the Costa Rican courts failed to
implement the timely request for precautionary measures, forced the
Commission to ask the Inter-American Court of Human Rights to adopt
provisional measures.
e.
Cuba
28.
On
April 24, 2001, the IACHR ordered precautionary measures on behalf of
prison inmate Jorge Luis García Pérez-Antúnez. According to the request
for precautionary measures, “inmate García Pérez-Antúnez is serving a
sentence at Central de Nieves Morejón prison in Sancti Spíritus
province; his health is delicate because of a tumor on his right lung,
which was diagnosed in August 2000. In February 2001, without having
received medical attention and seeing his health worsen, Antúnez began a
hunger strike in demand of medical care; he was taken to the Sancti Spíritus
provincial hospital, where a military physician told his sister, Berta Antúnez,
that she need not worry because there was nothing wrong with him; after
this, he was returned to prison, still not having received any
attention.” The IACHR asked the Cuban State to adopt the following
precautionary measures: (1) To transfer inmate Jorge Luis Pérez-Antúnez
to a hospital specializing in the kind of physical ailments from which he
is suffering. (2) To grant him specialized medical attention, to be
administered in collaboration with a physician selected by his family. The
State returned the IACHR’s document requesting the precautionary
measures in an envelope from the Cuban Interests Section in Washington,
D.C. However, the IACHR has been informed that inmate Jorge Luis García Pérez-Antúnez
was moved to a hospital in Havana, where he received specialized
treatment; after this he was transferred to El Combinado del Este prison,
which is also located in the country’s capital.
f.
Ecuador
29.
On June 24, 2001, the Commission granted precautionary measures, in
connection with petition 12.365, on behalf of Carmen Imelda Velasteguí
Ramos, Valerio López Velasteguí, Santiago López Velasteguí, Elena López
Velasteguí, Jorge Sánchez, Jorge Pérez, Blanca Ana Mastha Manobanda,
Ramiro Escudero, Luisa Lombeida, Carlos Pasto, Héctor Rea, Vinicio
Trujillo Sánchez, Norberto Benedicto Rojas López, Raúl Sallema León,
Teresa Gladis Pita Bravo, and Gino Cevallos González, who have received
threats as a result of the judicial investigation into the disappearance
of Luis Shinin and Elías López. In the request, the State was asked to:
(1) Take, as matter of urgency, the steps necessary to guarantee the lives
and persons of the aforesaid individuals. (2) Coordinate protective
measures appropriate to each case with the petitioners. (3) Investigate
the incidents as a result of which the precautionary measures were issued.
On August 16, 2001, during an on-site visit, Commissioner Marta
Altolaguirre received a commitment from the Minister of Defense that the
personnel needed to enforce the precautionary measures would be deployed.
However, the petitioners later reported that the measures were never
implemented and that the Ministry of Defense had told them that it lacked
the authority to take such actions. Consequently, on November 28, the
IACHR repeated the precautionary measures and asked the government to
provide information on a monthly basis; since then, however, the State has
not replied.
g. El Salvador
30.
On November 20, 2001, the Inter-American Commission granted
precautionary measures on behalf of Mauricio García Prieto Hirlemann,
Gloria Giralt de García Prieto, and their legal advisors from the Human
Rights Institute at José Simeón Cañas Central American University (IDHUCA).
The measures were granted after the petitioners supplied information
claiming that the aforesaid individuals’ right to life and physical
integrity was in grave danger. They claim that the threats are intended to
dissuade them from continuing to search for justice in the murder of Ramón
Mauricio García Prieto Giralt, the aforesaid couple’s son, which is
currently being processed by the IACHR as case 11.697. A preliminary
report from the Salvadorian State noted that a meeting between the
nation’s attorney-general and the García Prieto family and their
representatives had been scheduled for November 22, when the necessary
protection measures would be agreed upon. On December 5, 2001, the
petitioners submitted a series of specific proposals for the Salvadorian
authorities to pursue, including appointing a special prosecutor and a
special investigator from the National Civilian Police, assigning the García
Prieto family and their advisors security guards, details on the equipment
needed to protect them, and holding regular meetings with the competent
authorities.
h.
Guatemala
31.
On March 29, 2001, the Commission contacted the State of Guatemala
in order to ask it to adopt precautionary measures on behalf of Ms. Concha
Mazariegos Tobias, president of Guatemala’s Constitutional Court, to
avoid irreparable harm to her right to life and personal integrity. The
Commission received information indicating that on March 23, 2001, persons
unknown had fired on Ms. Conchita Mazariegos’s home, causing material
damage to it. Ms. Mazariegos had previously received death threats. On
April 26, 2001, the Guatemalan State told the Commission that on March 24,
two uniformed officers had been deployed to protect the perimeter of Ms.
Mazariegos’s home and that, subsequently, four plain-clothes officers
from the National Civilian Police’s protection and security service had
been permanently assigned to protect her.
32.
On June 19, 2001, the Commission contacted the Guatemalan State to
request the adoption of urgent measures to protect the lives and persons
of Rodolfo Robles and Nelly Montoya. The information available indicates
that Rodolfo Robles, the coordinator of military affairs at the Myrna Mack
Foundation, received death threats intended to keep him from taking the
witness stand in the judicial investigation into the killing of Msgr. Juan
José Gerardi. On June 26, 2001, the State of Guatemala informed the
Commission of the security measures offered: essentially, uniformed police
officers would mount permanent patrols around the perimeter of his home
and the Mack Foundation’s headquarters. After this reply from the State,
the parties have continued to submit information and comments in
connection with these precautionary measures. The Commission continues to
monitor compliance with the precautionary measures.
33.
On July 31, 2001, the Commission contacted the State of Guatemala
to request the adoption of precautionary measures to protect the life and
person of Anselmo Roldán Aguilar, the president and legal representative
of the Ixcán Human Rights Association in the community of La Unión
Cuarto Pueblo and of the Association for Justice and Reconciliation.
According to the information available, on Sunday, July 22, 2001, Anselmo
Roldán Aguilar was attacked by an individual armed with a sharp bladed
weapon at around 7:30 p.m. in the vicinity of Cuarto Pueblo. Mr. Roldán
Aguilar, who had told the Justice of the Peace in Ixcán that death
threats had been made against him because of his activities as a defender
of human rights, was wounded with a type of stiletto knife known as a verduguillo,
which cut through his left arm and caused him serious bleeding. In his
capacity as president of the Ixcán Human Rights Association, Anselmo Roldán
Aguilar had denounced, in public and judicial forums, harassment intended
to terrorize the Cuarto Pueblo community, particularly those involved as
witnesses in the association’s suit against the military high command
for the crime of genocide, crimes against humanity, and war crimes
committed between 1982 and 1986. After the State replied, the parties have
continued to submit information and comments in connection with these
precautionary measures. The Commission continues to monitor compliance
with the precautionary measures.
34.
On October 24, 2001, the Commission contacted the State of
Guatemala in order to request the adoption of precautionary measures to
preserve the right to life and personal integrity of Matilde Leonor González
Izas and her family. The Commission received information about a series of
threatening and intimidating acts related to Ms. González’s
professional activities; a historian and social researcher for the
Association for the Advancement of Social Science in Guatemala (AVANCSO),
she had recently finished a study on how local power structures showed
ties among local elites, the armed forces, and individuals who served as
military commissioners and members of civil self-defense patrols during
the country’s armed conflict. After the State replied, the parties have
continued to submit information and comments in connection with these
precautionary measures. The Commission continues to monitor compliance
with the precautionary measures.
35.
On December 13, 2001, the Commission contacted the State of
Guatemala in order to request the adoption of precautionary measures to
preserve the right to life and personal integrity of Silvia Josefina Méndez
Recinos, the former director of Guatemala’s state printing press (TNG),
Magda Estella Arceo Carrillo, a former member of the Guatemalan congress,
Gladys Anabella De León Ruiz, a current member of congress, and their
families. The information available indicates Ms. Méndez, Ms. Arceo, and
Ms. De León denounced, in both public and judicial forums, the alleged
use by the Guatemalan vice-president of the national printing press to
print 20,000 posters and 500,000 handbills bearing accusations and
slanderous comments about the president of the Guatemalan Chamber of
Commerce, which were later distributed anonymously in the nation’s
capital and other cities. As a result of these complaints, Silvia Méndez
was asked to resign and, subsequently, received a series of serious death
threats that forced her to flee the country. In turn, Magda Arceo and
Anabella De León also received death threats and were subjected to
harassment. On January 9, 2002, the Guatemalan government informed the
Commission that the director general of the National Civilian Police had
assigned two officers and a vehicle to provide Congresswoman Gladys
Anabella De León with personal security. With respect to Silvia Méndez y
Magda Arceo, the Government noted that since they were beyond the
country’s borders, security measures had to be implemented for their
families.
i. Guyana
36.
This petition deals with two Guyanese brothers, Daniel Vaux and
Cornel Vaux, aged 42 and 41 respectively. It was lodged with the
Commission on December 8, 2000. The two brothers were accused of homicide
on July 11, 1993. They were both convicted of murder and sentenced to
death on December 19, 1997; their appeals were rejected by Guyana’s
Court of Appeals on December 7, 2000, and their sentences remained pending
with the court. Unlike the English-speaking Caribbean, Guyana does not
allow a final appeal to the Privy Council in London, UK. The only remedy
available to the brothers in Guyana is the prerogative of mercy, which is
an administrative resource, not a judicial one. The petition claims that
articles of the Declaration were violated; although it does not
specifically identify which ones, they include the right to life and the
right to a fair trial, because of irregularities in the judicial
proceedings. The petitioners were asked for additional information and, on
August 2, the Commission asked the State to adopt the precautionary
measures necessary to keep the brothers safe from irreparable harm while
the allegations contained in the petition were investigated. The State has
not replied to the request for precautionary measures.
j. Haiti
37.
The Inter-American Commission on Human Rights, on July 5, 2001,
asked the Haitian State to adopt precautionary measures for a period of
six months with respect to Judge Claudy Gassant, the magistrate in charge
of the investigation into the slaying of the Haitian journalist Jean
Dominique on April 3, 2000. He was assigned the case after two earlier
judges received threats against their persons and subsequently withdrew
from the investigation. On June 8, 2001, a plot to kill Judge Gassant was
uncovered. This situation, together with the lack of adequate protective
measures, forced the judge to withdraw from the case; his withdrawal was,
however, not accepted. The Commission, with the beneficiary’s agreement,
has asked the Haitian State to adopt the following precautionary measures:
(1) Immediate adoption of all measures necessary to protect the life and
personal integrity of Mr. Claudy Gassant; (2) Adoption of all measures
necessary to ensure the exercise of his right to investigate, receive, and
disseminate information with respect to the investigation of the facts
surrounding the death of the journalist Jean Dominique, pursuant to the
provisions of Article 13 of the American Convention on Human Rights and
the second principle of the Declaration of Principles on Freedom of
Expression. On November 15, 2001, after the deadline had passed, the
Haitian State reported that “it had taken the steps necessary to
guarantee the security of Mr. Gassant, the judge charged with
investigating the murder of the journalist Jean Léopold Dominique.” The
IACHR asked the Haitian State to indicate what specific measures it had
adopted.
38.
On November 9, 2001, the IACHR granted precautionary measures to
protect the lives of a number of Haitian human rights workers. According
to the information received, the Platform of Haitian Human Rights
Organizations (POHDH) reported the existence of a list of fifteen names,
all members of the organization, identified as targets in an assassination
plot. These individuals included the following: Pierre Espérance,
treasurer (POHDH) and executive director of the National Coalition for the
Human Rights of Haitians (NCHR), Vilès Alizar, head of programs with the
NCHR, Serge Bordenave, general secretary of POHDH, and Jean Simon Saint
Hubert, executive secretary of POHDH. The information received indicates
that these threats are related to complaints filed by the Platform and the
NCHR about the increasingly politicized character of the Haitian National
Police (PNH) and about human rights violations in the country. The
background to this situation dates back to March 8, 2000, when Pierre Espérance,
the director of the National Coalition for the Human Rights of Haitians (NCHR)
and treasurer of the Platform of Haitian Human Rights Organizations (POHDH),
was attacked and seriously wounded. In addition, a pamphlet containing
threats was sent to POHDH’s member organizations on March 1, 2000. In
light of the gravity of this situation, on April 19, 2000, the IACHR asked
the Haitian State to adopt precautionary measures on behalf of Pierre Espérance
and the members of the NCHR and to take the steps necessary to protect
those individuals’ persons and lives. To date the Haitian State has
neither replied to the request nor received any information in that
regard.
k.
Mexico
39.
On July 13, 2001, the Inter-American Commission granted
precautionary measures on behalf of Faustino Jiménez Alvarez, who had
been violently detained, without a warrant, on June 17, 2001, by agents of
the Guerrero state Judicial Police, in an operation involving several
vehicles marked as belonging to that police force. The abduction was
witnessed by Mr. Jiménez Alvarez’s family and, in spite of complaints
filed with the Guerrero state attorney-general, it appears that no
effective steps to locate him have been taken. As part of the measures,
the petitioners requested that the federal attorney-general intervene,
since they suspect complicity between the kidnappers and the Guerrero
Public Prosecution Service. The State replied on August 21, 2001, stating
that an investigation had begun, with the involvement of Mr. Jiménez
Alvarez’s wife. On September 9, 2001, the petitioners replied that there
were still irregularities in the investigation. In turn, on November 26,
2001, the State reported that two suspected perpetrators had been arrested
and that the search for Mr. Jiménez Alvarez was continuing. At the
petitioners’ request, on November 28, 2001, the precautionary measures
were extended to cover the following individuals: Ultiminio Díaz, a
former Guerrero state judicial police officer who is currently under
arrest and whose life has been threatened if he continues to make
allegations about judicial police officers and their superiors involved in
kidnappings; and Enedina Cervantes Salgado, Faustino Jiménez Alvarez’s
wife, who is in grave danger because of her search for her disappeared
husband.
40.
On July 17, 2001, the Inter-American Commission granted
precautionary measures for Floriberto Cruz and another seven survivors of
the massacre that took place in Aguas Blancas, Guerrero, in 1995. Medical
attention was sought for seven survivors, who still bear physical and
psychological scars from the massacre; and protection was sought for
another survivor, who had received threats on account of his work to
secure justice in the Aguas Blancas case. On July 30, 2001, the Mexican
State reported on the measures adopted in compliance with the IACHR’s
request, which included contacting each of the protected persons,
providing access to health centers in the state of Guerrero, and holding
meetings to resolve the problems that have been identified. On September
4, 2001, the State reported that a meeting had taken place in Chilpancingo,
Guerrero, between the victims and several state and federal officials.
This meeting agreed on several issues relating to medical attention, the
patients’ traveling and accommodation expenses, specialized treatment,
and drugs and medical equipment as indicated by their needs.
41.
On August 16, 2001, the IACHR asked the Mexican State to adopt
precautionary measures on behalf of Roberto Cárdenas Rosas and other
residents of the town of San Miguel Copala in Oaxaca state. The request
involves a group of persons who have received politically-motivated death
threats from groups of armed civilians who allegedly report to the
governor of Oaxaca. In an ambush on July 9, 2001, several persons were
shot, two of them fatally. The day after this incident, the corresponding
complaint was filed with the Public Prosecution Service in Putla de
Guerrero; as of the date of the petition, however, the perpetrators had
not been arrested and were presumably going about their normal business in
the community. The measures are intended to protect attack survivor Mr. Cárdenas
Rosas, who has been receiving medical treatment in Mexico City since July
27, 2001, and is afraid to return home. The State replied on August 30,
2001, that the perpetrators of the crimes had been identified and warrants
for their arrest had been issued. The official information added that the
Oaxaca state Human Rights Commission had played a part in solving the
matter and that all the competent authorities were taking the appropriate
steps within their respective areas of influence. On November 27, 2001,
the petitioners reported that the dangerous situation keeping Mr. Cárdenas
Rosas from returning to the community had not been defused.
42.
On November 1, 2001, the Inter-American Commission granted
precautionary measures on behalf of Sergio Aguayo Quesada, Juan Antonio
Vega, and the members of the technical secretariat of the Todos los Derechos para Todos National Network of Human Rights
Bodies. The information received by the IACHR reports that on October 27,
2001, a message was found in a Mexico City telephone booth; this note
contained threats against five nationally renowned human rights workers,
together with a demand for money. The first steps were taken by the
National Security and Investigation Council (CISEN), the director of which
notified the National Network. The text of the anonymous message referred
to the killing of the human rights activist and defender, and it claimed
responsibility for that crime. On November 9, 2001, the State reported
that the office of the federal attorney-general (PGR) was protecting the
persons identified by the IACHR, together with others whose names also
appeared in the threatening note. The communication added that they were
in contact with the protected persons with a view toward jointly
coordinating the most appropriate measures, and that the PGR’s
Specialized Organized Crime Unit had launched a preliminary investigation
into the incident.
43.
Gen. José Francisco Gallardo Rodríguez, who remains in prison in
Mexico in spite of the specific recommendations contained in IACHR report
43/96, was placed under precautionary measures on November 2, 2001. The
gravity and urgency of this case arise from the ongoing violations and
dangers faced by Gen. Gallardo in jail: the harassment he receives from
the prison authorities and a series of threats and incidents involving him
and his family that have never been fully cleared up. The Inter-American
Commission sought measures to protect Gen. Gallardo’s life, person, and
liberty, along with guarantees to enable his family and representatives to
visit the facility where he is being held. In its reply of November 9,
2001, the State reported that it had held a meeting with Gen. Gallardo’s
family and representatives, during which several matters dealing with
visitor access and security measures had been agreed upon, including
authorization for the members of his family to provide him with food. With
respect to Gen. Gallardo’s release, the State insisted that this matter
was being dealt with as a part of the follow-up of IACHR report 43/96 and
that the domestic mechanisms were up and running with the indirect relief
proceedings initiated by the petitioners in Mexico. The Inter-American
Commission determined that the precautionary measures had not been
implemented and, on December 18, 2001, filed a request for provisional
measures on Gen. Gallardo’s behalf with the Inter-American Court of
Human Rights.
44.
On November 8, 2001, precautionary measures were granted to protect
the lives and persons of Teodoro Cabrera García and Rodolfo Montiel
Flores, who were released from prison on that same day. According to the
petitioners, “several people have been denied their rights, including
the right to life” because they were members of the Ecological Peasant
Organization of the Petatlán Sierra. That same day, a communication was
received from Undersecretary for Human Rights and Democracy Mariclaire
Acosta Urquidi; in it she spoke of “the concern of the promoting
organizations about incidents that could cause irreparable harm to Messrs.
Teodoro Cabrera García and Rodolfo Montiel Flores” and stated that the
Mexican government shared that concern. The petitioners stated on December
19, 2001, as a protective measure, that they would agree to be accompanied
by the International Peace Brigades, although they reserved the right to
propose other measures if deemed necessary. The Mexican State noted that
it was willing to provide that organization with all possible support in
order to protect Messrs. Cabrera García and Montiel Flores.
45.
The Inter-American Commission contacted the Mexican State on
November 29, 2001, to request measures to protect Aldo González Rojas and
Melina Hernández Sosa. Mr. González Rojas is a leader of the Zapotec
indigenous people in Guelatao de Juárez, Oaxaca, and he is currently
serving as that municipality’s mayor by virtue of an election held in
accordance with indigenous customs and practices. The petitioners stated
that their struggle for the political and economic autonomy of the Zapotec
peoples, in which Ms. Hernández Sosa has played a part, has earned them
threats from the region’s local political strongmen (caciques).
In particular, they claim to have received an e-mail message referring to
their work and that witnesses had informed them that persons with ties to
public officials had said that they should be killed. The request refers
to specific measures, such as providing them with vehicles, mobile
telephones, and closed-circuit TV systems. The Mexican State replied on
December 14, 2001, noting that the Oaxaca attorney-general’s office had
begun a preliminary investigation.
46.
Based on the information received from the petitioners, on December
21, 2001, the IACHR granted precautionary measures on behalf of Abel
Barrera Hernández. Mr. Barrera Hernández, the director of the
Tlachinollan Mountain Human Rights Center, received a verbal threat
telling him to be careful because there was a group of people who wanted
to cause him harm. The incident worried Mr. Barrera, who had received
similar threats in the past and which, according to the complaint, had
never been investigated. In their application the petitioners added that
they sought protection from Mexico’s National Human Rights Commission
and from the Guerrero State Human Rights Defense Commission; however, they
did not receive an appropriate answer to their grave situation and thus
had grounds for fearing that the threat could be carried out.
l. Nicaragua
47.
On August 20, 2001, the IACHR received a request for precautionary
measures on behalf of MJAC (a five-year-old minor child) who, according to
the complaint, was allegedly raped by her father. The petition states that
the child’s physical and mental integrity is in danger, because her
mother refuses to believe her relatives’ accusations about her husband,
because she has suspended the psychological treatment recommended by
specialists, and because she has taken the child to prison to visit her
father, thus causing her emotional problems. On September 14, 2001, the
IACHR asked the Nicaraguan State to adopt precautionary measures on behalf
of MCAJ. The IACHR has continued to monitor developments with the
precautionary measures.
m. Paraguay
48.
On August 8, 2001, the Commission requested that precautionary
measures be adopted on behalf of the 255 minors who were previously being
held at the Panchito López Reeducation Center for Minors (petition
11.666). The Commission made this request because on July 25, 2001, a fire
had broken out at the Panchito López Institute. One youngster, Benito
Augusto Moreno, was shot by a guard during the fire and died on August 6,
2001; following the fire, 125 minors were transferred to the Emboscada
facility, which does not meet the minimum standards needed to guarantee
the physical integrity of the minor inmates; the others were sent to
different parts of the country and were placed in prisons with small,
overcrowded cells alongside adults, except at the San Juan Bautista and
Emboscada facilities, where they were placed in separate children’s
blocks; and relocating these minors to distant prisons has aggravated
their critical situations and has also made family visits impossible. The
Commission therefore requested that: (1) The minors be immediately
transferred to the Itaguá Education Center. (2) The physical, mental, and
moral integrity of the minors be ensured and, in particular, that minors
and adults be kept completely separate during the temporary relocation of
the young inmates in the aforesaid facilities. (3) Access to the minors by
their legal counsel and family visitors be granted. (4) The circumstances
that gave rise to these measures be investigated, in particular those that
led to the death of Benito Augusto Moreno (or
Augusto Benitez), and that the perpetrators thereof be punished.
After the State replied, the parties have continued to submit information
and comments in connection with these precautionary measures. The
Commission continues to monitor compliance with the precautionary
measures.
49.
On September 26, the Commission requested the adoption of
precautionary measures in connection with petition 12.313, on behalf of
the Yakye Axa Indigenous Community, to prevent irreparable harm to its
members. For more than four years, the Yakye Axa indigenous community have
been occupying a strip of land along the Concepción to Pozo Colorado
highway opposite the lands they claim as part of their traditional
habitat. They are in an extremely needy situation, because of their
inadequate access to food supplies and health care. On August 29, 2001,
Mr. Ramón Martínez Caimén, a criminal judge in the Concepión judicial
district, ordered the homes located on the Pozo Colorado to Concepción
highway belonging to and serving as the dwellings of the Yakye Axa
indigenous community to be removed. In light of the information received,
the Commission requested the following measures: (1) To suspend the
enforcement of any court or administrative order involving the eviction
and/or removal of the homes of the Yakye Axa indigenous community and of
its members. (2) To refrain from all other actions and undertakings
affecting the right to property, free transit, and residence of the Yakye
Axa indigenous community and its members. (3) To take all steps necessary
to ensure the life and physical, mental, and moral integrity of the
members of the Yakye Axa indigenous community. After the State replied,
the parties have continued to submit information and comments in
connection with these precautionary measures. The Commission continues to
monitor compliance with the precautionary measures.
n. Peru
50.
On August 28, 2001, in petition P0416/2001, the Commission granted
precautionary measures and asked the Peruvian State to immediately provide
the medical examinations necessary to protect the health of Isabel Velarde
Sánchez, an inmate at the Chorrillos women’s penitentiary in Lima for
the past five years, serving a 12-year prison term imposed by the Peruvian
courts. In the petition, the Commission was informed that Ms. Velarde Sánchez
has suffered a series of ailments and health problems since being
imprisoned. The IACHR was told that Ms. Velarde Sánchez’s health
problems included mobile breast lumps, the nature of which had not been
identified by means of the necessary specialized examinations. The State
replied that it was providing Ms. Velarde Sánchez with medical attention
and it later administered the medical exams necessary to protect Ms.
Velarde Sánchez’s health.
51.
On August 28, 2001,
the Commission granted precautionary measures asked the Peruvian State to
take effective steps to guarantee the life and person of Ana Mercedes
Ojeda Bruno, and those of her family, including protective measures that
would uphold those individuals’ right of free transit and free
expression. The IACHR also asked Peru to begin an investigation into the
threats those people had been receiving. The precautionary measures were
based on an application filed with the IACHR claiming that Ms. Ojeda Bruno
had suffered a series of attacks and threats that made her fear for her
life and person. The IACHR was informed that those attacks and threats
were supposedly related to the activities of Ms. Ojeda Bruno’s father,
Mr. Francisco Ojeda Riofrio, in his capacity as president of the
Tambogrande Defense Front. The State replied on September 14, 2001, saying
that it had offered Ms. Ojeda Bruno the protection requested by the
Commission. The State subsequently provided information on the measures
related to the investigation into the threats and the other incidents that
were reported.
o. Trinidad and Tobago
52.
On January 22, 2001, the Commission asked Trinidad and Tobago to
adopt precautionary measures in connection with petition P12.355, on
behalf of Arnold Ramlogan, a prison inmate facing the death penalty in
Trinidad and Tobago. The measures were aimed at stopping Mr. Ramlogan’s
execution while the IACHR examined the claims in his petition. They were
requested on the grounds that if Trinidad and Tobago were to execute Mr.
Ramlogan before the Commission was able to examine his complaint, then any
eventual decision would be ineffective in terms of future compensation and
Mr. Ramlogan would suffer irreparable harm. Trinidad and Tobago has not
replied to the Commission’s request for precautionary measures.
53.
On April 19, 2001, the Commission asked Trinidad and Tobago to
adopt precautionary measures, in connection with petition P12.377, on
behalf of Beemal Ramnarace, a prison inmate facing the death penalty in
Trinidad and Tobago. The measures were aimed at stopping Mr. Ramnarace’s
execution while the IACHR examined the claims in his petition. They were
requested on the grounds that if Trinidad and Tobago were to execute Mr.
Ramnarace before the Commission was able to examine his complaint, then
any eventual decision would be ineffective in terms of future compensation
and Mr. Ramnarace would suffer irreparable harm. Trinidad and Tobago has
not replied to the Commission’s request for precautionary measures.
54.
On May 11, 2001, the Commission asked Trinidad and Tobago to adopt
precautionary measures, in connection with petition P0197/2001, on behalf
of Takoor Ramcharan, a prison inmate facing the death penalty in Trinidad
and Tobago. The measures were aimed at stopping Mr. Ramcharan’s
execution while the IACHR examined the claims in his petition. They were
requested on the grounds that if Trinidad and Tobago were to execute Mr.
Ramcharan before the Commission was able to examine his complaint, then
any eventual decision would be ineffective in terms of future compensation
and Mr. Ramcharan would suffer irreparable harm. Trinidad and Tobago has
not replied to the Commission’s request for precautionary measures.
55.
On December 18, 2001, the Commission asked Trinidad and Tobago to
adopt precautionary measures, in connection with petition P0842/2001, on
behalf of Alladin Mohamed, a prison inmate facing the death penalty in
Trinidad and Tobago. The measures were aimed at stopping Mr. Mohamed’s
execution while the IACHR examined the claims in his petition. They were
requested on the grounds that if Trinidad and Tobago were to execute Mr.
Mohamed before the Commission was able to examine his complaint, then any
eventual decision would be ineffective in terms of future compensation and
Mr. Mohamed would suffer irreparable harm. Trinidad and Tobago has not
replied to the Commission’s request for precautionary measures.
p. United States
56.
On April 4, 2001, the Commission asked the United States to adopt
precautionary measures with respect to petition 12.368 on behalf of Thomas
Nevius, a death-row prisoner in Nevada state, whose clemency hearing was
to be held on April 11, 2001. The Commission asked the State to take the
steps necessary to prevent irreparable harm to the life of Mr. Nevius. In
a letter sent to the Commission on April 11, 2001, the United States gave
its opinion that the Commission’s power to grant precautionary measures
did not exist in either the American Convention or the Statute of the
Commission and, consequently, that it held that the Commission’s request
was a nonbinding recommendation. On May 8, 2001, Mr. Nevius’s
representative told the Commission that at the April 11 clemency hearing,
the governor of Nevada decided to appoint one or more experts to examine
Mr. Nevius’s mental faculties.
57.
On April 25, 2001, the Commission asked the U.S. government to
adopt precautionary measures in connection with petition 12.381 on behalf
of Robert Bacon Jr., a prison inmate on death row in North Carolina, whose
execution was scheduled to take place on May 18, 2001.
The Commission asked the State to take the steps necessary to
prevent irreparable harm to Mr. Bacon’s life while the allegations set
forth in the corresponding petition were being investigated. In a letter
sent to the Commission on April 11, 2001, the United States gave its
opinion that the Commission’s power to grant precautionary measures did
not exist in either the American Convention or the Statute of the
Commission and, consequently, that it held that the Commission’s request
was a nonbinding recommendation. In letters dated May 21 and September 20,
Mr. Bacon’s representative informed the Commission of two orders that
temporarily stayed his execution. The first of these, dated May 18, 2001,
was issued by the North Carolina Supreme Court and the second, dated
September 18, 2001, came from the governor of North Carolina. Pursuant to
these orders, the execution was postponed until October 5, 2001.
58.
In a note dated October 2, 2001, the Commission repeated its
request for precautionary measures to delay Mr. Bacon’s execution for as
long as the Commission continued to study his case. In making this second
request, the Commission referred to its decision in the case of Juan Raúl
Garza (Nº 12.243), in which it held that an OAS member state’s failure
to take steps to preserve a condemned man’s life while his case was
being reviewed by the Commission was inconsistent with the state’s basic
human rights obligations. In a letter dated October 4, 2001, the United
States informed the Commission that the governor of North Carolina had
that same day commuted Mr. Bacon’s death sentence to life imprisonment
without parole.
59.
On June 14, 2001, the Commission asked the U.S. government to adopt
precautionary measures in connection with petition Nº P0353.2001 on
behalf of Gerardo Valdez Maltos, a Mexican citizen sentenced to death in
the state of Oklahoma and facing execution on June 19, 2001.
The Commission asked the State to take the steps necessary to
prevent irreparable harm to Mr. Valdez’s life while the allegations set
forth in the corresponding petition were investigated.
The Commission was later informed that on June 16, 2001, the
governor of Oklahoma had ordered a 30-day stay of execution and that the
Board of Pardon and Parole had recommended that Mr. Valdez’s sentence be
commuted. In a letter sent to the Commission on June 18, 2001, the United
States gave its opinion that the Commission’s power to grant
precautionary measures did not exist in either the American Convention or
the Statute of the Commission and, consequently, that it held that the
Commission’s request was a nonbinding recommendation.
The Commission was subsequently informed that on July 20, 2001, the
governor had denied Mr. Valdez’s bid for clemency and that his execution
had been rescheduled for August 30, 2001.
In a note dated August 13, 2001, the Commission repeated the
request for precautionary measures it had made on June 14; it later
received information that the governor of Oklahoma had granted another
30-day stay of execution. The Commission was later informed that on
September 10, 2001, the Oklahoma Court of Criminal Appeals had granted an
indefinite stay of Mr. Valdez’s execution pending the outcome of other
domestic legal proceedings.
q. Venezuela
60.
On February 7, 2001, the Commission asked the State of Venezuela to
adopt precautionary measures on behalf of journalist Pablo López Ulacio,
the publisher and owner of a weekly called La Razón. According to information submitted in November 1999, López
Ulacio was sued by Tobías Carrero Nacar, the president of the country’s
largest insurance company, Multinacional de Seguros, after the news
magazine identified him as having funded Hugo Chávez Frías’s
presidential campaign and accused him of benefiting from state insurance
contracts. As a result, Caracas trial judge Nº 25 placed a ban on
references to the business-owner and ordered the arrest of the journalist.
On July 3, 2001, Caracas trial judge Nº 14 ordered a warrant for the
arrest of López Ulacio, ignoring the Commission’s request for
precautionary measures.
61.
On March 12, 2001, the Commission agreed to adopt precautionary
measures to preserve, inter alia,
the right to life and personal integrity of Manuel de Jesús Pinilla
Camacho et al., Colombian
refugees in Venezuela. Based on information furnished by the Center for
Justice and International Law (CEJIL), the Venezuelan Program for Human
Rights Education and Action (PROVEA), the social action office of the
vicariate apostolic of Machiques, and the United Nations High Commissioner
for Refugees (UNHCR), the IACHR determined that these persons were in
grave danger and that the immediate adoption of precautionary measures was
necessary “to prevent irreparable harm” to them.
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