C. Petitions and cases before the Inter-American
Commission
on Human Rights
1.
Precautionary measures granted by the Inter-American Commission
9.
The
mechanism of precautionary measures is provided for by Article 25 of
the Rules of Procedure of the IACHR. This provision establishes that
in serious and urgent cases, and whenever necessary according to the
information available, the IACHR may, at its own initiative or at the
request of a party, request that the state in question adopt
precautionary measures to prevent irreparable harm to persons. If the
Commission is not in session, the President, or in his or her absence,
one of the Vice-Presidents, shall consult through the
Secretariat with the other
members regarding the application of this provision. If it is not
possible to consult within a reasonable time under the circumstances,
the President will make the decision on behalf of the Commission and
inform the members immediately. According to the established procedure,
the IACHR may request information from the interested parties on any
matter related to the adoption and observance of the precautionary
measures. In any event, the granting of such measures by the IACHR
does not constitute prejudgment of the merits of the case.
10.
The
IACHR hereby presents an overview of the precautionary measures
granted in 2003 in relation to the member states. The number of
precautionary measures granted does not reflect the number of persons
protected by their adoption, since, as reflected below, many of the
precautionary measures adopted by the IACHR extend protection to more
than one person, and in certain cases to groups of persons such as
communities or populations.
Brazil
11.
On
August 12, 2003, the Commission granted precautionary measures to
Jorge Custodio, Rosangela Aparecida Saraiva Ferreira, and Alessandra
Rodrigues Celestino. The information available indicates that Mr.
Custodio–Regional Coordinator of the National Movement for Human
Rights, and Coordinator of the SOS against Torture project–and his
family have been subject to harassment because of a report on torture
of inmates at the Londrina prison, which was a topic of debate in the
Legislative Assembly of the state of Paraná, and which led to the
replacement of prison officials and an investigation into the
allegations. Ms. Alessandra Rodrigues Celestino, delegate of the staff
of the prison system of the state of Paraná, and Rosangela Aparecida
Saraiva Ferreira, were also said to be targeted by threats. In view of
the risk to the beneficiaries, the Commission asked the state to adopt
the necessary measures to protect the life and personal integrity of
Jorge Custodio, Rosangela Aparecida Saraiva Ferreira, and Alessandra
Rodrigues Celestino.
12.
On May
29, 2003, the Commission granted precautionary measures on behalf of
Maria Aparecida Gomes da Silva and her family and Edson Azambuja. The
information available indicates that on May 19, 2003, Ms. Maria
Aparecida Gomes da Silva was kidnapped from a public place by four
armed men who put her in the trunk of a car after putting her to sleep
with a substance and they held her for 11 hours, until her release.
When her captors released her, they also threatened her, saying, “...she
should stop doing evil to others, because she and her friend were born
to end the lives of careers of others,” that she and “her friend”
should remain silent and do nothing, otherwise she “would pick up her
daughter’s brains and heart from the floor, as they would shoot her,
and end her life.” Ms. Gomes da Silva, a member of the NGO Central
Estadual contra a Tortura, had accompanied a judge and a
representative of the Public Ministry on a visit to the “Casa de
Custodia de Palmas” on May 17, 2003, to look into allegations of
torture of the prisoners in pavilion B, after an attempted escape on
May 13, 2003. In view of the risk to which the persons benefitted are
exposed, the Commission asked the State to adopt the security measures
needed to protect the life and personal integrity of Maria Aparecida
Gomes da Silva and Edson Azambuja and to investigate the allegations.
By communication of June 16, 2003, the State
reported to the IACHR that all the pertinent steps were being taken
internally to provide the security measures as per agreement with the
petitioners.
Colombia
13.
On
March 5, 2003, the Commission granted precautionary measures on behalf
of Senator Piedad Córdoba, who has played a key role in the area of
human rights. The information available indicates that Senator Córdoba
has been the target of a series of attacks, including a kidnapping by
members of the Autodefensas Unidas de Colombia (AUC). In view
of the risk to which she was exposed, the Commission asked the
Colombian State to adopt the
measures needed to protect the life and personal integrity of Senator
Piedad Córdoba and to investigate and clarify the circumstances of the
attacks against her. The Commission has continued to receive
information on her situation.
14.
On
March 7, 2003, the Commission granted precautionary measures on behalf
of Carlos Rosero, Jairo Castillo, Rosa Helena Gallón, Dolis Manuela
Salazar, Daira Elsa Quiñones, Hernán Cortés, and José Santos Caicedo,
all members of the human rights organization Proceso de Comunidades
Negras (PCN). The information available indicates that the members
of this organization have received threats against their lives and
physical integrity. In view of the risk to which the beneficiaries of
the measure are exposed, the IACHR asked the
Colombian State to adopt measures to protect the
life and physical integrity of the members of the PCN and to report on
the actions taken to investigate the facts and put an end to the
threats. The Commission has continued receiving information on the
situation of the persons protected.
15.
On
March 7, 2003, the Commission granted precautionary measures to Mr.
Over Dorado Cardona, a member of the board of directors of the
Comité Permanente por la Defensa de los Derechos Humanos “Héctor Abad
Gómez.” The information available indicates that on February 28,
2003, Mr. Dorado Cardona received a written threat from the
Autodefensas Unidas de Colombia (AUC), which stated “your defense
of the teachers and in defense of what are said to be human rights is
totally biased and against the government.... you are getting involved
where you’re not being called, you are a defender of the guerrillas...
our studies lead us to declare you a military target.” In view of the
situation of risk to the beneficiary, the IACHR called on the
Colombian State to adopt measures
to protect the life and physical integrity of Over Dorado Cardona, and
to report on the actions taken to investigate the facts and to put an
end to the threats. The Commission has continued receiving information
on the situation of the person protected.
16.
On
March 20, 2003, the Commission granted precautionary measures to
Alvaro Villamizar Mogollón, Rosmerlin Estupiñán, Julián Lozano,
Mauricio Pinto, and Gabriel González. The information available
indicates that on February 25, 2003, the
Autodefensas Unidas de Colombia (AUC) issued a communique in which
the beneficiaries were declared to be military targets. In view of the
situation the IACHR asked the Colombian State to adopt the measures
needed to protect the life and physical integrity of Alvaro Villamizar
Mogollón, Rosmerlin Estupiñán, Julián Lozano, Mauricio Pinto, and
Gabriel González and to report on the actions taken to investigate the
facts and put an end to the threats. The Commission has continued
receiving information on the situation of the persons protected.
17.
On
March 26, 2003, the Commission granted precautionary measures on
behalf of Waldir Sinisterra and Alberto Hoyos Suárez, members of the
Asociación de Defensores de Derechos Humanos “Eduardo Umaña
Mendoza” in Valle del Cauca. The information available indicates
that the beneficiaries were declared military targets by the Bloque
Calima of the Autodefensas Unidas de Colombia (AUC) because of
their reports of massacres and extrajudicial executions perpetrated by
paramilitary groups in Valle del Cauca. In view of the situation the
IACHR requested the Colombian
State to adopt the measures needed to protect the life and physical
integrity of the beneficiaries and to report on the actions taken to
investigate the facts and put an end to the threats. The Commission
has continued to receive information about the situation of the
persons protected.
18.
On May
6, 2003, the Commission granted precautionary measures on behalf of
Guillermo Alfonso Jaramillo Martínez, governor of the department of
Tolima. The information available indicates that the contingents (bloques)
of the Autodefensas Unidas de Colombia (AUC) that operate in
the department of Tolima were planning to assassinate Governor
Guillermo Jaramillo Martínez. In view of the situation, the IACHR
asked the Colombian State
to adopt the measures needed to protect the life and physical
integrity of the beneficiary, and to report on the actions taken to
investigate the facts and put an end to the threats. The Commission
has continued receiving information about the situation of the person
protected.
19.
On May
16, 2003, the IACHR granted precautionary measures on behalf of
attorney María Victoria Fallon, a prominent human rights defender and
director of the Grupo Interdisciplinario por los Derechos Humanos
(GIDH). The information available indicates that the beneficiary is at
risk as a result of her work related to the situation of the district
known as Comuna 13 of Medellín, Antioquia. Accordingly, the IACHR
asked the Colombian State
to adopt the measures needed to protect her life and physical
integrity, and to report on the actions taken to investigate the facts
and put an end to the threats. The Commission has continued receiving
information on her situation.
20.
On May
29, 2003, the IACHR issued precautionary measures to protect the life
and personal integrity of Mr. Ricardo Gutiérrez Soler in the context
of case 12,291, on the violation of the right to humane treatment and
due process to the detriment of his brother, Wilson Gutiérrez Soler.
The information available indicates that the beneficiary received a
series of threats and survived a failed assassination attempt using
explosives, apparently related to the case before the IACHR. In view
of the situation, the IACHR asked the Colombian
State to adopt the measures needed to protect the life and physical
integrity of the beneficiary and to report on the actions taken to
investigate the facts and put an end to the threats. The Commission
has continued receiving information on the situation of the person
protected.
21.
On
June 3, 2003, the Commission granted precautionary measures to Álvaro
Ayala González, a community leader and local council member in Viotá,
Cundinamarca. The information available indicates that on May 23,
2003, the son of the council member received threats and was subjected
to acts of intimidation aimed at his father, in the context of the
violent action of paramilitary groups in the regions of Tequendama and
Sumapaz. In addition, on May 27, 2003, four armed individuals forcibly
entered and searched the beneficiary’s home. In view of the situation
the IACHR asked the Colombian State to adopt the measures needed to
protect the life and physical integrity of the beneficiary and her
family, and to report on the actions taken to investigate the facts
and put an end to the threats. The Commission has continued receiving
information on the situation of the persons protected.
22.
On
July 2, 2003, the Commission granted precautionary measures to
attorney José Ramiro Orjuela Aguilar. The information available
indicates that he has been the target of persistent threats against
his life and personal integrity by the AUC due to his legal work and
his membership in the Unión Patriótica. Prior to the request for
precautionary measures, his colleague, attorney Absalón Achury, was
kidnapped by members of the AUC and his corpse was found in San Juan
de Arama, department of Meta. In view of the situation the IACHR asked
the Colombian State to
take the steps necessary to protect the life and physical integrity of
the beneficiary, and to report on the actions taken to investigate the
facts and put an end to the threats. The Commission has continued
receiving information on his situation.
23.
On
July 10, 2003, the Commission granted precautionary measures on behalf
of human rights defenders Gloria Inés Flórez Schneider and Martha
Cecilia Monroy, who are, respectively, executive director and staff
attorney with the Asociación para la Promoción Social Alternativa
(MINGA), a prominent human rights organization and petitioner in
individual cases and precautionary measures before the IACHR. The
information available indicates that the beneficiaries have been
receiving anonymous phone calls and threats against their persons and
against MINGA in the context of attacks against the work of human
rights organizations in the Republic
of Colombia. On
June 27, 2003, they received a phone call in which a
threat was made to kill (“darle a”) Martha Cecilia Monroy. In
view of the situation the IACHR asked the
Colombian State to take the measures needed to
protect the life and physical integrity of the beneficiaries and to
report on the actions taken to investigate the facts and put an end to
the threats. The Commission has continued receiving information on the
situation of the persons protected.
24.
On
September 8, 2003, the Commission issued precautionary measures on
behalf of the members of the Comisión Intereclesial de Justicia y
Paz, a prominent human rights organization and a petitioner in
individual cases and precautionary and provisional measures before the
IACHR. The information available indicates that the members of the
Comisión Intereclesial de Justicia y Paz have been subject to
threats, have been followed, have subject to accusations, have been
subject to repeated detentions and searches since 1997, and more
intensely since the first half of 2003, as part of a pattern of
conduct aimed at thwarting or hindering its work on behalf of human
rights in the regions of Colombia in which it accompanies especially
vulnerable communities. In view of the situation, the IACHR asked the
Colombian State to adopt
the measures needed to protect the life and physical integrity of the
beneficiaries and to report on the actions taken to investigate the
facts and put an end to the threats. The Commission has continued
receiving information on the situation of the persons protected.
25.
On
September 9, 2003, the Commission granted precautionary measures on
behalf of trade union leader David Flórez González, president of the
Central Unitaria de Trabajadores in the department of
Santander. The information available indicates that in the context of
violence against trade unionists in Colombia,
information was received regarding death threats made to Mr. Flórez.
In view of the situation, the IACHR asked the
Colombian State to take the measures needed to
protect his life and physical integrity, and to report on the actions
taken to investigate the facts and put an end to the threats. The
Commission has continued receiving information on his situation.
26.
On
September 22, 2003, the IACHR granted precautionary measures on behalf
of 34 workers of the Empresa Comunitaria de
Acueducto y Alcantarillado de Saravena
(ECAAS: Saravena Community Water and Sewerage Enterprise), in the
department of Arauca. The
information available indicates that members of the assembly of this
organization have been declared military targets by the AUC; several
were assassinated in July, August, and September 2003. In view of the
situation, the IACHR asked the Colombian
State to adopt the measures needed to protect the life and physical
integrity of the beneficiaries, and to report on the actions taken to
investigate the facts and put an end to the threats. On
September 26, 2003, before the expiration of the period
granted by the IACHR for the presentation of information on
implementation of the protective measures, the IACHR communicated with
the State to request information on the assassination of Rito
Hernández Porras, and to request that it report on the adoption of the
protective measures urgently. In addition, even though the
precautionary measures were in effect, the IACHR received news of the
assassination of Miguel Ángel Anaya Torres, also a beneficiary of the
precautionary measures, on November 17, 2003.
The Commission has continued receiving information on the situation of
the persons protected.
27.
On
September 24, 2003, the Commission granted precautionary measures on
behalf of the Kankuamo indigenous people, who live in the Sierra
Nevada de Santa Marta. The information available
indicates that in the first half of 2003, 44 Kankuamo were
assassinated. On August 11, 2003, Andrés Ariza Mendiola was
assassinated by the AUC in a paramilitary incursion on his farm; on
August 18, 2003, Alcides Arias Maestre and Robinson Villazón were
assassinated by the AUC in a paramilitary incursion in the district (corregimiento)
of Los Haticos; and on August 29, 2003, the corpse of Ever de Jesús
Montero was found with his face disfigured, dressed in camouflage, and
presented to the media as a member of the Ejército de Liberación
Nacional killed in combat with the Autodefensas Unidas de
Colombia (AUC). In addition, there were displacements of the
indigenous population, as a result of the constant acts of violence
against the community. In view of the situation, the IACHR asked the
Colombian State to adopt the measures needed to safeguard the life and
personal integrity of the members of the Kankuamo people, respecting
their cultural identity and protecting the special relationship they
have with their territory; to offer emergency attention to the victims
of forced displacement; and to adopt the measures needed to
investigate judicially the acts of violence and threats against the
beneficiary community. On October 30, 2003, the
IACHR issued a press release expressing its serious concern over the
situation of the Kankuamo people. The Commission has continued to
receive information about the situation of the persons protected.
28.
On
October 1, 2003, the IACHR adopted precautionary measures on behalf of
the teacher and human rights defender Jorge Isaac Aramburu, who works
in the Yurumanguí and Cajambre river basins in the
municipality of Buenaventura. The
information available indicates that he has been declared a military
target and since September 2000 ten members of his family have been
assassinated. In view of this situation, the IACHR asked the
Colombian State to adopt the
measures needed to protect his life and physical integrity and to
report on the actions taken to investigate the facts and put an end to
the threats. The Commission has continued to receive information on
his situation.
29.
On
October 2, 2003, the Commission granted precautionary measures to
protect the life and personal integrity of María Elena Vivas Muñoz,
who teaches at the Universidad del Cauca. The information available
indicates that on September 9, 2003, Professor
Vivas Muñoz was declared a military target by the Bloque Calima of the
AUC, and on September 29, 2003, she received a
second ultimatum, threatening to kill her. In view of this situation,
the IACHR asked the Colombian State to adopt the measures needed to
protect her life and physical integrity and to report on the actions
taken to investigate the facts and put an end to the threats. The
Commission has continued receiving information about her situation.
30.
On
October 2, 2003, the Commission issued precautionary measures on
behalf of 15 cabildos (indigenous peoples’ governing bodies)
and resguardos (indigenous peoples’ recognized territories) of
the Pijao indigenous people in the department of Tolima. The
information available indicates that members of these cabildos
and resguardos are facing imminent danger to their lives,
personal integrity, and permanence in their territory. Specifically,
the paramilitary groups are said to have a list of more than one
hundred members of indigenous and campesino communities who they have
declared to be military targets. On September 28, 2003, indigenous
community member Iván Montiel was kidnapped by paramilitary groups;
his dismembered corpse later appeared at the place known as Punto
Papagalá, between Coyaima and Saldaña. In view of the situation, the
IACHR asked the Colombian
State to adopt the measures needed to protect the life and physical
integrity of the beneficiaries and to report on the actions taken to
investigate the facts and put an end to the threats. The Commission
has continued receiving information about the situation of the persons
protected.
31.
On
November 6, 2003, the Commission issued precautionary measures on
behalf of Alexander López Angulo, Luis Eduardo Espinosa Mosquera, Luis
Fernando Murillo, Henry Montenegro, Rosalba Castillo Viveros, Andrés
Felipe Benítez, Eduardo Andrés Sánchez, Leady Zulay Castro, and Luis
Carlos Bravo, leaders of the Asociación de Grupos Juveniles
(Association of Youth Groups) in the city of Cali. The information
available indicates that since February 2003, the leaders of this
association, which has been working with high-risk youth offenders in
the district of Aguablanca for 13 years, have been victims of constant
threats, harassment, accusations, and abuses by police agents working
out of the stations at El Diamante, Villanueva, and Los Mangos because
of a series of allegations of police violence against the local youth.
In view of the situation, the IACHR asked the
Colombian State to adopt the measures needed to
protect the life and physical integrity of the beneficiaries and to
report on the actions taken to investigate the facts and put an end to
the threats. The Commission has continued receiving information on the
situation of the persons protected.
32.
On
December 8, 2003, the Commission granted precautionary measures on
behalf of the members of the Comisión Colombiana de Juristas (CCJ),
a prominent human rights organization and petitioner in individual
cases and precautionary and provisional measures before the IACHR. The
information available indicates that the climate of hostility and
accusations against human rights organizations in
Colombia has given rise to a
situation of risk for the members of the Comisión Colombiana de
Juristas, the legality of whose work has been called into question
by some sectors. In view of the situation, the IACHR asked the
Colombian State to adopt the
measures needed to protect the life and personal integrity of the
beneficiaries and ensure that they are able to continue their work of
promoting and defending human rights in Colombia.
33.
On
December 9, 2003, the Commission granted precautionary measures to
protect the life and personal integrity of Vicente Arbey Villota Cruz,
Winston Nicolls Arteaga Aguillón, Martha Isabel Melodelgado Rosero,
Alexander Libardo Garzón Rosero, Miguel López, Daniel E Cabrera Timana,
Mario Fernando Gonzáles Santa Cruz, Diego Mejía Moncayo, Eduardo
Meneses, Mauricio Ojeda Erazo, Héctor Homero Patiño Díaz, Jaime
Morrinelli, María Claudia Vallejo Ascuntar, Jorge Luis Huertas Díaz,
Freddy Andrés Games, Javier Paolo Moncayo Pascuasa, Harol Mauricio
Narváez Carvajal, Alex Richar Miguel López Guerrero, Oscar Quijano,
Hugo Andrés Gamajoa, Marco Antonio Salazar Pardo, and Andrés Chamorro,
all students at the Universidad de Nariño, in the city of Pasto,
Colombia. On September 16, 2002, the IACHR requested information from
the Colombian State on the
situation of 14 students from the Universidad de Nariño, including
Jairo Roberto Moncayo Pascuaza, pursuant to a request for
precautionary measures. In response, on October
24, 2002, the Colombian Government indicated that certain protective
measures had been adopted – mainly providing communication gear–for
some student leaders. Recently, the IACHR learned that the threats
against the students at the Universidad de Nariño were continuing, and
that on September 16, 2003, student leader Jairo
Roberto Moncayo Pascuaza had been assassinated. The information
submitted to the IACHR on December 1, 2003,
indicates that in the wake of that assassination, threats to kill
student leaders were on the rise; four student leaders were forcibly
displaced. In view of this situation, the IACHR asked the
Colombian State to adopt the
measures needed to protect the life and physical integrity of the
beneficiaries and to report on the actions undertaken to investigate
the facts and put an end to the threats. The Commission has continued
receiving information about the situation of the persons protected.
Ecuador
34.
On May
5, 2003, the Commission granted precautionary measures on behalf of
Franco Viteri, José Gualinga, Francisco Canti, Fabián Grefa, Marcelo
Gualinga, and all other members of the Sarayacu indigenous community.
The information available indicates that at least 10 members of the
community have been disappeared since January
26, 2003, and that the girls of the community were subject to
harassment by members of the Army and civilians from outside the
community. In view of the risk to which the beneficiaries are exposed,
the IACHR asked the Ecuadoran State to adopt the measures needed to
protect the life and physical integrity of the members of the Sarayacu
indigenous community, to protect the community’s special relationship
with its territory, and to investigate judicially the events of
January 26, 2003, at the “Tiuthualli Camp for Peace and Life.” In
response, the State reported to the IACHR on the protective measures
implemented by the provincial police command of Pastaza.
35.
On May
14, 2003, the Commission granted precautionary measures to Mr.
Alejandro Peñafiel. The information available indicates that the
beneficiary, who is being tried in Ecuador after having been
extradited from Lebanon through Spain, is detained along with persons
already convicted, and has been subject to an assassination attempt.
The Human Rights Ombudperson (Defensor del Pueblo) has
confirmed that the circumstances of his detention pose a serious risk
to his physical integrity. In view of the risk to which the
beneficiary is exposed, the Commission asked the
Ecuadoran State to adopt measures
to protect the life and personal integrity of Alejandro Peñafiel.
36.
On
December 3, 2003, the Commission issued precautionary measures on
behalf of Johnny Gómez Balda, Selde Vélez Falcón, César Mata
Valenzuela, and Edwin Daniel Vivar Palma. The information available
indicates that–in the context of an alleged robbery of a pharmacy in
the city of Quito–the beneficiaries were detained by persons linked to
the National Police and taken in an official vehicle, and that their
whereabouts have been unknown ever since. In view of the risk to which
the beneficiaries are exposed, the IACHR asked the
Ecuadoran State to adopt measures
to determine the whereabouts of Johnny Gómez Balda, Seide Vélez Falcón,
César Mata Valenzuela, and Edwin Daniel Vivar Palma.
Guatemala
37.
On
March 17, 2003, the Commission issued precautionary measures to
protect the life and personal integrity of Emilio Goubaud, Juan Luis
Ixcol, José Antonio Montufar, Gustavo Cifuentes Castellanos, and
Gabriela Flores, all members of the project of the
Alianza para la prevención
del delito
(APREDE). The information available indicates that 19 beneficiaries of
the project have been assassinated since November 2002, and that
members of the APREDE staff–specifically Juan Ixcol López and Gustavo
Cifuentes–have been followed ever more closely and seriously harassed,
including seeing some of their family members assassinated. On
February 16, 2003, in the context of an activity
organized by APREDE in the Colonia San Antonio, five armed men shot
Edgar Gómez, facilitator of the APREDE program, in the head, and shot
at the participants in the activities, wounding and killing William
Estuardo Padilla Solares. In view of the risk to which the
beneficiaries are exposed, the Commission asked the
Guatemalan State to adopt the
measures needed to protect the life and personal integrity of Emilio
Goubaud, Juan Luis Ixcol, José Antonio Montufar, Gustavo Cifuentes
Castellanos, and Gabriela Flores.
38.
On
March 17, 2003, the Commission issued precautionary measures on behalf
of Mario Minera, Héctor Amílcar Mollinedo, and other members of CALDH,
a prominent human rights organization and petitioner in individual
cases and precautionary measures before the IACHR. The information
available indicates that the members of the organization have been
followed, threatened, and intimidated. Specifically, on March 3, 2003,
Mr. Héctor Mollinedo, legal assistant, was followed by two unknown
persons. On March 5, 2003, the founder of CALDH, Mario Minera, was
intercepted by two individuals who threatened him with a bladed weapon,
telling him “don’t feel intimidated because you’re the ones who
intimidate people.” These acts are occurring in the context of threats
and acts of aggression against human rights defenders in Guatemala. In
view of the context and the risk to which the beneficiaries are
exposed, the Commission asked the Guatemalan
State to adopt the measures needed to protect the life and personal
integrity of the members of CALDH.
39.
On
March 18, 2003, the Commission granted precautionary measures on
behalf of María de los Ángeles Monzón Paredes, a Guatemalan journalist
who has done crucial work on issues related to the observance and
protection of human rights, and of her family. The information
available indicates that she has received threats in the wake of
publishing articles on the situation of the Azmitia Dorantes family–the
petitioner in a case before the IACHR–and the assassination of
indigenous leader Antonio Pop. In addition, in the early morning hours
of March 2, 2003, unknown persons entered her home, checked her
vehicles, and removed property of hers, allegedly to make it look like
a robbery. In view of the risk to which the beneficiaries are exposed,
the Commission asked the Guatemalan State to adopt the measures needed
to protect the life, personal integrity, and freedom of expression of
María de los Ángeles Monzón Paredes and to investigate the threats
against her. In response, the State reported on the implementation of
perimeter security measures for her and her family. Later, the IACHR
learned that Ms. Monzón had continued receiving death threats.
40.
On May
15, 2003, the IACHR issued precautionary measures on behalf of Edgar
Filiberto Celada Alejos, Raúl Eduardo Najera Hernández, and all other
members of the Colectivo HIJOS. The information available indicates
that the beneficiaries have been subject to a series of acts of
harassment, including physical assault and verbal threats by state
agents. On March 15, 2003, the youth Domingo Yaxon Guarcax was beaten
by members of the National Civilian Police and left unconscious near
the Plaza de la Constitución. On that same day, Jorge and Marina
Isabel Gómez, Ijinio Osvely, and Byron Sánchez were apparently
threatened by police agents. In view of the risk to which the
beneficiaries are exposed, the Commission asked the
Guatemalan State to adopt the
measures needed to protect the life and personal integrity of members
of the Colectivos HIJOS. In response, the State reported on the
implementation of perimeter security around the organization’s
offices.
41.
On
July 7, 2003, the Commission granted precautionary measures on behalf
of Alejandro Escobar Durán, Julián García López, Rosa Lidia Roquez
Quizar, Gavino Quizar Vázquez, Fidadelfo Mejía, Pedro Vázquez Borja,
Lázaro Gutiérrez Vázquez, and Agustín López, members of the Alianza
Nueva Nacional (ANN) party in the department of Chiquimula. The
information available indicates that activists of the ANN party have
been subject to threats and acts of violence with deadly consequences.
Specifically, on March 26, 2003, Filadelfo Mejía was subject to acts
of intimidation by the municipal mayor of Quetzalpeteque. On
June 17, 2003, in the
municipality of San Juan
la Ermita, nine persons using firearms attacked Messrs. Gabino Vásquez,
Lázaro Gutiérrez Vásquez, and Petronilo Quizar Vásquez, who died on
the spot. On June 19, 2003, the home of Gabino
Quizar, municipal secretary of the ANN, was attacked with explosives
and high-caliber weapons fire. In view of the risk to which the
beneficiaries are exposed, the Commission asked the
Guatemalan State to adopt the
measures needed to protect the life, personal integrity, and freedoms
of expression, assembly, and association of the beneficiaries. In
response, the State submitted information on the measures adopted to
alert the police authorities to the beneficiaries’ security situation,
and the Public Ministry on the importance of clarifying the facts
alleged.
42.
On
July 24, 2003, the Commission granted precautionary measures on behalf
of Juan Luis Font, director of the daily newspaper “El Periódico”
and the newspaper’s technical and administrative staff. The
information available indicates that beginning in February 2003,
several investigative journalists from the newspaper received threats
brought on by the exercise of their activity, and that, according to
certain witnesses, its director has been in imminent danger. In
addition, it is alleged that on July 11, 2003, two men entered the
facilities of “El Periódico” inquiring after Mrs. María Luisa
Marroquín, director of printing facilities, after which they attacked
with firearms and wounded the security agent who had received them. On
June 24, 2003, a dozen armed individuals who
passed themselves off as agents from the National Civilian Police and
the Public Ministry took control of the residence of José Rubén
Zamora, journalist and president of “El Periódico,” and abused
members of his family. As a result of these events and the threats
received subsequently, Mr. Zamora had to leave the country. In view of
the risk to which the beneficiaries are exposed, and the context of
violence against journalists, the IACHR asked the
Guatemalan State to adopt the
measures needed to protect the lives and personal integrity of the
beneficiaries.
43.
On
July 25, 2003, the Commission granted precautionary measures on behalf
of Rodolfo Rohrmorser, Juan Francisco Flores Juárez, and Gloria
Evangelina Melgar, members of the Constitutional
Court. The information available indicates that the beneficiaries
received death threats due to the performance of their work as judges
in the context of deliberations on the appeal on facts and law (recurso
de hecho) presented by the Frente Revolucionario Guatemaleteco
(FRG) against the provisional amparo decree issued by the
Supreme Court of Justice, which temporarily nullified the registration
of Mr. Efraín Ríos Montt as a presidential candidate. The threats were
made in the context of the acts of violence in Guatemala City on July
24, 2003, when mobs wearing hoods and armed with sticks, stones, and
other objects attacked the journalists gathered around the Supreme
Court of Justice and the Court’s staff. Mr. Rohrmorser had to be
aerially evacuated from his home since the building where he was
living had been packed by sympathizers of the Frente Revolucionario
Guatemalteco. In view of the risk to which the beneficiaries are
exposed, the IACHR asked the Guatemalan
State to adopt the measures needed to protect the life and personal
integrity of Rodolfo Rohrmorser, Juan Francisco Flores Juárez, and
Gloria Evangelina Melgar. Later the IACHR expanded its request to
cover judges Saúl Dighero, Carlos Luna Villacorta, and Carlos Reynoso
Gil. On December 4, 2003, the Commission
proceeded to lift the precautionary measures in response to an express
request by the petitioners.
44.
On
August 8, 2003, the Commission granted precautionary measures on
behalf of Dr. Román Carlos. The information available indicates that
on July 24, 2003, Dr. Román Carlos took a photograph, from the window
of his medical office, of a violent street demonstration in support of
the candidacy of Mr. Ríos Montt, after which demonstrators shot at him.
After the demonstration, Mr. Carlos was subject to threats aimed at
keeping the photographic material from being delivered to the press,
and so to prevent the consequent identification of the demonstrators,
which included persons well-known in Guatemalan political circles. On
July 27, 2003, the windows of the medical center where the beneficiary
works were shot at while he was there with his children. In view of
the situation of risk to the beneficiaries, the IACHR asked the
Guatemalan State to adopt the measures needed to protect the life and
personal integrity of Dr. Román Carlos and his family. In response,
the State reported on the actions taken to implement security measures
with the beneficiary’s agreement.
45.
On
August 11, 2003, the Commission granted precautionary measures on
behalf of Rosalina Tuyuc, a prominent defender of human rights and
indigenous rights, and her daughter Julia Ixmucané Tuyuc. The
information available indicates that on July 26, 2003, unknown persons
entered Rosalina Tuyuc’s home and took school supplies and other
objects of scant economic value. In addition, in the course of an
exhumation organized by CONAVIGUA, the beneficiary was threatened and
harassed by several persons. In view of the risk to which the
beneficiaries are exposed, the IACHR asked the
Guatemalan State to adopt the measures needed to
protect the life and personal integrity of Rosalina Tuyuc and her
daughter. In response the State reported that it had adopted measures
to coordinate the adoption of protective measures with her.
46.
On
August 15, 2003, the Commission granted precautionary measures on
behalf of Héctor Haroldo Sánchez Valencia, a journalist with
Guatevisión. The information available indicates that on August
12, 2003, an email was received at the offices of that channel
conveying death threats to over a dozen persons, including him, and
that her was alerted by reliable sources of the death threats against
him because of his coverage of the Ríos Montt case, with which several
sectors were displeased. In view of the risk to which he is exposed,
the IACHR asked the Guatemalan
State to adopt the measures needed to protect the life and personal
integrity of Héctor Haroldo Sánchez. On December
3, 2003, the Commission lifted the precautionary measures at the
express request of the petitioner.
47.
On
September 22, 2003, the Commission granted precautionary measures to
Jorge Eduardo Springmuhl Samayoa, general manager of the newspaper “Nuestro
Diario,” and his family. The information available indicates that
Jorge Andrés Springmuhl Flores, Jorge Eduardo Springmuhl’s 17-year-old
son, was kidnapped on August 20, 2003, in zone 15 of Guatemala City by
three armed men. The kidnapping is part of a pattern of threats and
acts of intimidation directed against Jorge Eduardo Springmuhl Samayoa.
In view of the risk to which the beneficiaries are exposed, the IACHR
asked the Guatemalan State
to adopt the measures needed to protect the life and personal
integrity of Jorge Eduardo Springmuhl Samayoa and his family. In
response, the State reported on the implementation of measures to
carry out the requests of the IACHR. On December
5, 2003, the Commission communicated to the parties that it was
lifting the precautionary measures at the request of the petitioner.
48.
On
September 26, 2003, the Commission granted precautionary measures on
behalf of Fernando Moscoso Moller, the director of the Museum of
Archeology and Ethnology
of Guatemala. The information available indicates that the beneficiary
has been subject to harassment and death threats as the result of his
work as an expert witness in the area of anthropology in cases
involving human rights violations in Guatemala. In May, July, and
September 2003, incidents were reported in which armed men were asking
question about him. In view of the risk to which he is exposed, and
the dangerous context for human rights defenders and forensic
anthropologists in Guatemala, the IACHR asked the
Guatemalan State to adopt the
measures needed to protect the life and personal integrity of Fernando
Moscoso Moller. In response, the State reported that it was taking
steps to implement the requests of the IACHR, in consultation with the
beneficiary.
49.
On
October 3, 2003, the Commission granted precautionary measures on
behalf of Amílcar Méndez, a prominent human rights defender, founder
and legal representative of the Consejo de Comunidades Étnicas
“Runujel Junam” (CERJ). The information available indicates that
on September 27, 2003, Mr. Eusebio Macario
Chicoj was assassinated; he was a member of CERJ who had worked on
issues related to compensation for the victims of the internal armed
conflict in the community of Chulumal in Chichicastenango. On
September 30, 2003, Amílcar Méndez received a telephone threat
indicating “... we brought Eusebio to justice [ajusticiamos,
i.e. “we killed him”], we’re going to bring you to justice ...
complain to your father the Ombudsman, to the gringo shits (los
gringos cerotes)....” In view of the risk to which he is exposed,
and the context of danger facing human rights defenders in Guatemala,
the IACHR asked the Guatemalan
State to adopt the measures needed to protect the life and personal
integrity of Amílcar Méndez. In response, the State indicated that the
Minister of Interior, the Director General of the National Civilian
Police, and the Chief of the Human Rights Unit had been informed, and
told to provide perimeter security to the offices of the CERJ and the
beneficiary’s residence.
50.
On
October 24, 2003, the Commission granted precautionary measures on
behalf of Luis Ernesto Acevedo and another 372 persons deprived of
liberty at the police station of the National Civilian Police in the
city of Escuintla, which
had been adapted as a center for pre-trial detention of youths
belonging to the youth gangs or maras. According to the
information available, official reports confirm that the sanitary
conditions in which the detained youths are being kept pose an
imminent risk to their health. In view of the beneficiaries’
situation, the IACHR asked the Guatemalan
State to adopt the sanitary measures needed to prevent harm to the
personal integrity of the persons deprived of liberty at that police
facility. In response, the State indicated that it was planning to
implement the precautionary measures.
Haiti
51.
On
January 7, 2003, the Commission granted precautionary measures on
behalf of journalist Michèle Montas, the director of Radio Haiti and
widow of journalist Jean Dominique, who was assassinated in April
2003. The information available indicates that on
December 25, 2002, two armed men showed up at the
beneficiary’s residence and shot one of her two security guards, Mr.
Maxime Seide, as the guards tried to cut them off. The attack is
allegedly related to her active work to clarify the facts in the
assassination of her husband, just as the judge in charge of the
investigation was to rule on concluding the preliminary investigation.
In view of the risk to which the beneficiary is exposed, the IACHR
asked the Haitian State to
adopt the measures needed to protect the life and personal integrity
of Ms. Michèle Montas. Subsequently, on December
19, 2003, the IACHR learned that the beneficiary had left the
territorial jurisdiction of the Haitian
State, and so proceeded to inform the parties that it had lifted the
precautionary measures.
52.
On May
29, 2003, the Commission granted precautionary measures on behalf of
journalist Liliane Pierre-Paul, director of programming for Radio
Kiskeya and Charles Emile Joassaint, a radio correspondent. The
information available indicates that on April
30, 2003, the beneficiary received an ultimatum signed by members of
several popular organizations, including “Domi nan Bwa,” threatening
to disseminate an appeal to French President Jacques Chirac to free up
payments to Haiti. The
note, accompanied by a rifle bullet, includes not only threats against
the journalist, but also against French nationals in
Haiti, and sets May 6, 2003 as
the deadline for carrying out the demands set forth. Mr. Charles Emile
Joassaint has become a target of threats made in writing and by
telephone. In view of the risk to which the beneficiaries are exposed,
the IACHR asked the Haitian
State to adopt the measures needed to protect the life, personal
integrity, and exercise of the freedom of expression of Liliane
Pierre-Paul and Charles Emile Joussaint. In response, the State
reported that the National Police of Haiti had already adopted
measures to strengthen security for the journalist and for the radio
station premises, and to investigate the threats.
53.
On
September 25, 2003, the Commission granted precautionary measures on
behalf of Choubert Louis, Léon Jean Sainthyl, Mercidieu Aubain, Jean
Wilkerson Alexis, Souffrant Bonivard, Charles Dunet, Pierre Francky
Roland, Magalie Felix, Eric Galleus, and Esaie Raymond, all residents
of Cité Soleil. The information available indicates that the
beneficiaries have been subject to threats because they organized an
event held July 12, 2003, in Cité Soleil, with the participation of a
series of civil society organizations known as the “Group of 184.”
During that event the participants were attacked as other residents of
the city threw stones at them, and the beneficiaries fear further
reprisals by gangs that operate in Cité Soleil. In view of the risk to
which the beneficiaries are exposed, the IACHR asked the Haitian State
to adopt the measures needed to protect the life and personal
integrity of Choubert Louis, Léon Jean Sainthyl, Mercidieu Aubain,
Jean Wilkerson Alexis, Souffrant Bonivard, Charles Dunet, Pierre
Francky Roland, Magalie Felix, Eric Galleus, and Esaie Raymond.
Honduras
54.
On
September 4, 2003, the Commission granted precautionary measures on
behalf of Elkyn Johalby Suárez Mejía, a member of the organization
Comunidad Gay Sampedrana (Gay Community of San Pedro). The
information available indicates that members of this gay community
have been subject to constant harassment and violence, including
approximately 14 murders from June to September 2003. In that context,
he has received death threats aimed at dissuading him from giving
testimony against two members of the police involved in the death of
Erick David Yáñez, another member of the community, 19 years of age,
on July 15, 2003 in San Pedro Sula. While he was
assigned official protection at the request of the Office of the
Attorney General, on August 23, 2003, the court of San Pedro Sula
lifted the protective measures. In view of the risk to which the
beneficiary is exposed, the IACHR asked the
Honduran State to adopt the measures needed to
protect the life and personal integrity of Elkyn Suárez and to include
him in a witness protection program. On December
29, 2003, in view of additional information on the security situation
of other members of the community, the IACHR expanded the
precautionary measures to include Raúl Coto, Oscar Carrión, Ramón
Valladares, and Oscar Orellana.
Jamaica
55.
On
September 22, 2003, the Commission granted precautionary measures on
behalf of the seven-year-old child known for the purposes of the
proceeding as “Michael Roberts” and whose real name will be kept under
seal to protect his identity. The information available indicates that
Michael Roberts has been a victim of sexual abuse while at children’s
homes under the Department of Children and Family Services of
Jamaica’s Ministry of Health, and that even after the abuse was
detected, he was the victim of omissions and negligence for lack of
adequate treatment. The diagnosis in the record indicates that Michael
Roberts suffers from post-traumatic stress disorder and that the
absence of adequate medical treatment tends to give rise to behavior
such as sexual aggression directed at other children. After completing
a preliminary stage in which it sought information from the State on
the child’s condition, and in view of the risk to his health, the
Commission asked the Jamaican
State to adopt the measures needed to protect the physical,
psychological, and moral health of Michael Roberts, including
specialized medical treatment. In response the State indicated that
the beneficiary was receiving specialized medical treatment and asked
that the precautionary measures be lifted. On
November 17, 2003, the Commission reaffirmed the precautionary
measures and requested additional information on the medical condition
of the beneficiary, and the treatment he was receiving.
Mexico
56.
On
April 8, 2003, the Commission granted precautionary measures on behalf
of Samuel Alfonso Castellanos Piñón, Beatriz Casas Arrellanos, José
Raymundo Díaz Taboada, Graciela Calvo Navarrete, and Mayra Iracema
Jarquín Lujan, all members of the organization Acción de los
Cristianos para la Abolición de la Tortura (ACAT: Action by
Christians for the A Abolition of Torture). The information available
indicates that on March 1, 2003, attorney Samuel Castellanos Piñón and
other members of the organization received an anonymous threat at the
ACAT offices in Oaxaca presumably from members of the community of
Santiago Xochiltepec, related to the organization’s participation in
the “Agua Fría Massacre” case. In view of the risk to which the
beneficiaries are exposed, the Commission asked the
Mexican State to adopt the
measures needed to protect the life and personal integrity of the
members of ACAT. In response, the State reported to the IACHR that it
had adopted measures aimed at implementing the IACHR’s requests in
terms of police surveillance of the ACAT office and launching an
investigation into the facts. Later, the IACHR learned of new threats
to Mr. Castellanos, of which the State was duly informed.
57.
On
September 11, 2003, the Commission granted precautionary measures on
behalf of Mr. Mariano Bernal Fragoso, 71 years of age, who is being
held at the Social Readaptation
Center in
Ciudad Victoria. The information available indicates
that the beneficiary has been serving a ten-year prison sentence since
January 28, 2000, and that he suffers diabetes
yet is not receiving adequate treatment to prevent the chronic
consequences of his disease and its incapacitating sequelae. As
appears in the record, in December 2002 Mr. Bernal Fragoso sought the
substitution of sanctions provided for in the Federal Criminal Code,
considering his health conditions and age, apparently without any
response. In view of the risk to the personal integrity of the
beneficiary, the Commission asked the Mexican
State to adopt measures aimed at ensuring adequate medical treatment
for Mr. Bernal Fragoso. In response, the State indicated that he was
receiving care at the civilian hospital
of Ciudad Victoria and that the adoption of
other measures such as release from prison considering his physical
condition and age was being studied.
Panama
58.
On
April 25, 2003, the Commission granted precautionary measures on
behalf of Enrique Medrano, Juan Berrío, and the girls Sandy Juliet
Martínez Copete, Yoinis Gutiérrez Mena, Sandra Gutiérrez Mena and
Yesenia Berrío Mena. The information available indicates that in the
context of an operation to repatriate Afro-descendants of Colombian
origin who were living in the locality of Punusa, Boca de Cupe,
carried out April 18, 19, and 20, 2003, Enrique Medrano and Juan
Berrío were detained by the Panamanian authorities, without any
further immediate notice of their whereabouts or their personal
security or physical integrity. The girls Sandy Juliet Martínez Copete,
Yoinis Gutiérrez Mena, Sandra Gutiérrez Mena, and Yesenia Berrío Mena
had been separated from their families when the repatriation occurred.
In view of the situation, the IACHR asked the
Panamanian State to present information on the
whereabouts of Magdaleno Medrano and Juan Berrío, and on the measures
adopted to ensure their personal integrity. In terms of the situation
of the girls, it asked that the State determine their whereabouts,
protect their security and health, and ensure that they are reunited
with their families. In addition, the IACHR called on Panama to
respect the right of non-refoulement of Colombian nationals in Panama,
in the communities of Boca de Cupe, Jaqué Matugantí, Puerto Obaldía,
and Punusa, in the Darién region of Panama, in keeping with
international law, and to take steps to prevent their expulsion from
Panamanian territory without the guarantees established at Articles 8,
22, and 25 of the American Convention. After the precautionary
measures were issued, the petitioners reported that the minor Yesenia
Berrío had been reunited with her parents on May 13, 2003, and that
Sandra Gutiérrez Mena was of age; that information was immediately
forwarded to the State. In response, the State reported that Yoinis
Gutiérrez and Sandy Martínez were in Boca de Cupe, in the custody of
their families. In addition, the parties submitted information on the
situation of Enrique Medrano and Juan Berrío. On
October 24, 2003, the IACHR held a working meeting with
representatives of the State in which information was received on the
situation of the communities of Afro-Colombian origin in the
Panamanian Darien, and on the measures designed to verify future
repatriations. In view of the information provided by the State, on
October 20, 2003, the Commission decided to lift
the precautionary measures.
Paraguay
59.
On
April 22, 2003, the Commission granted precautionary measures on
behalf of Arturo Luis López Reyes, Luz María Menocchio de López,
Arturo Luis López Menocchio, Luz Dahiana López Menocchio, and Luis
Alberto Arévalo, Mr. Reyes’s lawyer. The information available
indicates that the beneficiaries have received death threats and have
been subject to harassment and attempted extortion by members of the
Police. Specifically, they state that on April
14, 2003, Arturo López was detained by agents of the Police’s economic
crimes division in order to extort him for a given sum of money and a
luxury car, in exchange for temporarily respecting the privacy of Mr.
López and his family. They also state that on
April 15, 2003, heavily-armed members of the police carried out a
search of the beneficiary’s home in an operation which, according to
one prosecutor’s findings, took place without a judicial warrant. In
view of the risk to the beneficiaries, the Commission asked the
Paraguayan State to adopt measures to protect the life and physical
integrity of the López family and their attorney. In response, the
State reported that the Office of the Police Commander had adopted the
measures needed to prevent any risk to the López family. In addition,
it noted that the pertinent inquiries were being made into the facts
alleged. Subsequently, the State continued to provide up-to-date
information on the status of the investigations.
60.
On
December 17, 2003, the Commission granted precautionary measures on
behalf of the patients of the Hospital Neurosiquiátrico (Neuro-psychiatric
Hospital). The information
available describes the sanitary and security conditions there as
inhuman and degrading, and as posing a threat to the physical, mental,
and moral integrity of the patients. The information received calls
attention to the instances in which female patients hospitalized there
have been raped, resulting in pregnancy. It is also indicated that
boys and girls were held together with adults. In this context, it is
noted that youths Jorge Bernal and Julio César Rotela, 18 and 17 years
old respectively, were kept for more than four years in solitary
confinement in small cells, naked, and without access to the bathrooms.
In view of the risk to the beneficiaries, the Commission asked the
Paraguayan State to adopt measures to protect the life and physical,
mental, and moral integrity of Jorge Bernal, Julio César Rotela, and
the 458 patients at the Hospital Neurosiquiátrico of Paraguay,
including making a medical diagnosis of their health conditions, with
special emphasis on the situation of women and children. It also asked
that the use of solitary confinement be restricted and, when used,
respect the conditions established in the relevant international
standards. In response, the Paraguayan
State reported that on December 31, 2003, the
President of the Republic, Nicanor Duarte Frutos, and the Minister of
Public Health and Social Welfare, Julio César Velásquez, visited the
hospital to learn more about the situation. After their visit, action
was taken, as the director was replaced and an audit was launched.
Peru
61.
On
June 19, 2003, the Commission granted precautionary measures on behalf
of Eduardo Nicolás Cuadra Bravo in the context of petition No.
0215/2000, pending before the IACHR, which refers to the alleged
violation of his right to social security arising from the unlawful
application of a legal regime. The information available indicates
that the beneficiary suffers from problems of occlusive bilobular
benign prostatic hyperplasia, and that he had positive results for the
hepatitis B core test, accordingly he is in need of urgent and
adequate medical care to safeguard his personal integrity. The
petitioner alleges that because of the situation alleged in his
petition, he does not have the resources needed to pay for the medical
treatment that his disease requires. In view of the beneficiary’s
situation, the IACHR asked the Peruvian
State to adopt measures to prevent irreparable harm to Mr. Cuadra
Bravo’s health, so as to preserve his personal integrity, including
the medical care needed, until the Commission rules on the merits of
his petition. In response, the State reported on the medical care
provided to the beneficiary in order to prevent irreparable harm to
his health.
United
States
62.
On
January 6, 2003, the Commission issued precautionary measures on
behalf of Mr. Larry Eugene Moon, in the context of petition No.
4,659/2002, regarding the alleged violation of Articles I, II, XVIII,
and XXVI of the American Declaration of the Rights and Duties of Man.
The petitioners allege that Mr. Moon was sentenced to death in Georgia
in 1988 in the context of a trial in which evidence was admitted on
crimes that were not the subject of the trial and in which there were
substantial shortcomings and omissions in his defense. The beneficiary
filed a writ of certiorari before the Supreme Court of the
United States; its dismissal would authorize the state
of Georgia to execute him within 10 days. In view of the situation,
the IACHR asked the United States to refrain
from executing Mr. Moon while his petition was pending before the
inter-American system. Otherwise, any decision by the Commission would
be stripped of any efficacy. Despite the request, the Commission later
learned that on March 25, 2003, the authorities of the state of
Georgia proceeded to execute Mr. Moon.
63.
On
January 14, 2003, the Commission issued precautionary measures on
behalf of John Elliot in the context of petition No. 028/03, on the
alleged violation of Articles XXV and XXVI of the American Declaration
of the Rights and Duties of Man. The information available indicates
that Mr. Elliott was sentenced to death in 1987, and his execution was
set for February 4, 2003. In view of the
situation, the IACHR asked the United States to
suspend the execution of the beneficiary while his petition was
pending before the inter-American system. Otherwise, any decision by
the Commission would be stripped of any efficacy. The Commission later
learned that despite this request, Mr. Elliott was executed on
February 4, 2003.
64.
On
September 30, 2003, the Commission granted precautionary measures on
behalf of Edward Ernest Hartman in the context of petition No. 784/03
on the alleged violation of Articles II and XXVI of the American
Declaration of the Rights and Duties of Man. The petitioners allege
that Mr. Hartman was sentenced to death in 1994 in a judicial
proceeding vitiated by irregularities. His execution was scheduled for
October 3, 2003. In view of the situation, the IACHR asked the
United States to suspend his execution while his
petition was pending before the inter-American system. Otherwise, the
eventual decision would be stripped of any efficacy. The Commission
later learned that despite this request, Mr. Hartman was executed on
October 3, 2003.
Venezuela
65.
On
January 13, 2003, the Commission granted precautionary measures on
behalf of Gen. Rafael Alfonso Martínez. The information available
indicates that the beneficiary was arbitrarily deprived of liberty on
December 30, 2002, by officials of the Dirección General Sectorial
de los Servicios de Inteligencia y Prevención (DISIP: Directorate
of Intelligence and Prevention Services), of the Ministry of Interior
and Justice of Venezuela. It is alleged that the officers who carried
out the detention of Gen. Alfonso Martínez did not show any judicial
or other warrant, did not provide information on the reasons for the
detention, nor did they indicate which authority had ordered the
detention. In addition, it was indicated that on December 31, 2002,
the judge of the 18th Court of First Instance sitting in review of the
Criminal Judicial Circuit for the Metropolitan Area of Caracas ruled
favorably on a petition for habeas corpus, ordering the immediate
cessation of any measure involving deprivation of liberty; that
judicial order was not carried out. In view of the failure to carry
out that decision, the Commission asked the
Venezuelan State to implement immediately the
habeas corpus order on behalf of Gen. Alfonso Martínez, and to
guarantee him, adopting the pertinent security measures, his personal
security and that of his family, and the exercise of his civil and
political rights. The Commission has continued receiving information
from the parties on Gen. Alfonso’s situation.
66.
On
June 20, 2003, the Commission issued precautionary measures on behalf
of Mr. Carlos Tablante, president of the Standing Committee on
Internal Policy, Justice, Human Rights and Constitutional Guarantees
of the National Assembly of Venezuela and member of the Movimiento
al Socialismo (MAS). The information available indicates that the
beneficiary has been subject to repeated attacks and threats against
his physical integrity from sectors presumably linked to the
government party and government offices, presumably because of his
legislative activity. In this context, on April 15 and August 2, 2002,
Justino Herrera and Rogelio Calderón, who served as his bodyguards,
were assassinated; to this day the facts have not been clarified. In
view of the situation of the beneficiary, the Commission asked the
State to adopt measures to protect the life and personal integrity of
Mr. Tablante, his family, and those who work with him, and to
guarantee the full exercise of his freedom of expression and political
rights. In response, the State informed the Commission that it had
taken actions to carry out the request for precautionary measures.
67.
On
August 29, 2003, the Commission asked that precautionary measures be
adopted on behalf of Yelitse Moreno Castillo, the wife of human rights
defender Joe Castillo González, former coordinator of the Office of
Human Rights of the Apostolic Vicariate of Machiques, and his son
César Luis Castillo Moreno, just one year old. The information
available indicates that on August 27, 2003, Joe Castillo González was
assassinated by nine gunshot wounds, one-half block from his residence
in the Tinaquillo neighborhood in Machiques, state of Zulia, while
traveling in his vehicle with his wife and son. The beneficiaries also
suffered gunshot wounds, but survived. In view of the risk to which
the beneficiaries are exposed, the Commission asked the
Venezuelan State to adopt
measures to protect the life and personal integrity of Mrs. Yelitse de
Castillo and her son.
68.
On
October 3, 2003, the Commission granted precautionary measures on
behalf of Gustavo Azocar Alcalá, correspondent for the daily newspaper
El Universal, in the state of Táchira. The information available
indicates that Mr. Alcalá has been harassed on numerous occasions,
including one time when firearms were shot at his vehicle, on May 29,
2003, in front of his home. In addition, it is noted that as of July
2003, he received a steady flow of phone calls, emails, and anonymous
messages with death threats. In view of the risk to which he is
exposed, facing, the Commission asked the
Venezuelan State to adopt measures to protect
the rights to life, personal integrity, and freedom of expression of
journalist Gustavo Azocar Alcalá.
69.
On
October 3, 2003, the Commission granted precautionary measures to
protect the right to freedom of expression in relation to the
government’s seizure of certain operating equipment at the television
station Globovisión. The information available, in the context
of an administrative proceeding, indicates that personnel from the
National Telecommunications Commission (CONATEL) seized broadcast
equipment at various facilities of the Globovisión channel,
giving rise to the potential restriction on the continuity of the
operations of that media outlet. In view of the situation and its
possible consequences, the IACHR asked the
Venezuelan State to suspend the seizure measure
and to return the equipment seized, in order to guarantee the right to
freedom of expression, and it called the parties to a hearing. On
October 21, 2003, the Commission held the hearing as scheduled, and
determined that the seizure of the equipment, considered in isolation
and by itself, did not appear to place the persons affected at
imminent risk of suffering irreparable harm in the enjoyment of their
rights, considering that the television station continued to broadcast
news, although its live broadcasts were serious affected or delayed.
Nonetheless, according to the information received, the
representatives of Corpomedios G.V. Inversiones, C.A. (Globovisión)
filed an action for constitutional protection (acción de amparo
constitucional) before the First Court for
Contentious-Administrative Matters, which was pending resolution,
since on October 8, 2003, the Committee on Operation and Restructuring
of the Judiciary had suspended the President of that Tribunal and one
other member for 60 days. Accordingly, on
October 24, 2003, the IACHR asked the Venezuelan
State to adopt measures aimed at ensuring urgently a simple and prompt
remedy before competent and impartial judges or tribunals to protect
against acts that the petitioners allege violate their fundamental
rights related to the administrative procedure brought against
Globovisión. On October 28, 2003, the State
reported that it had forwarded the request for precautionary measures
to the Supreme Court of Justice.
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Juan Guerra Camargo, María Dolly Sánchez, Nancy Yohana Rosas, Yuli
Sánchez Quintero, Angee Lenin Aceros, Olga L. Gamboa Portilla,
Alejandrina Llanes, Claudio Leal Mora, Luis Antonio Vera, Alfonso
Balaguera, Rito Hernández Porras, Yesid Carrillo Contreras, Angel
Quintero, Jorge Arturo Osorio, Isahury Sierra Naranjo, Josué Estévez
Gutiérrez, Heiler Rojas Eslava, Álvaro Cuadros Martínez, Luis Hernando
Camacho, Miguel Antonio Álvarez, Benito Sierra Duran, Ramón Orielzon
Gualdro, Miguel Ángel Anaya T., Miguel Arcángel Pinzón, Wilson Fredy
Vera, Leonardo Méndez Olmos, Justo Pastor Vera Bastos, Nicolás Sepúlveda
Jaimes, Wilson Anzola Bastos, Floreny Mojica Moncada, William Antonio
Lizarazo, Alfonso Díaz, Ely Hernández, Néstor José Díaz,, and Jorge
Carreño Cárdenas.
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