...continuation (Chapter III)

E. Petitions and cases before the Inter-American Commission on Human
Rights

297. Article 63(2) of the American Convention on Human Rights resolves that in cases of extreme graveness and urgency and, when it becomes necessary to avoid irreparable damages to persons, the Court, in matters which are being known, could take the provisional measures considered pertinent. If they are related to matters which have not yet been submitted to its knowledge, could act at the Commission's request.

298. Hereinafter the outline of the 34 provisional measures in force during the period comprised in this report, according to the country to which they were requested. The number of requested measures to the United States do not correspond to the number of protected persons by its adoption, is indicated.^{^[9]}

a. Argentina

Mendoza Penitentiaries

299. On October 14 2004 the Commission requested the Court the adoption of provisional measures with the purpose that, inter alia, the State of Argentina protected the life and personal integrity of the persons secluded in the Provincial Penitentiary of Mendoza and in the unit Gustavo André, de Lavalle, as well as every incoming person to these prisons, including employees and officials who render their services in these places.

300. On November 22 2004 the Inter-American Commission granted the provisional measures and resolved, inter alia, to request the State to immediately adopt the necessary measures to protect the life and personal integrity of all those persons secluded in the Provincial Penitentiary of Mendoza and in the Unit Gustavo André, de Lavalle, as well as all persons who are inside these; to investigate the facts that motivated the adoption of the provisional measures and, inform the Court about its adoption.

301. As of that moment on, the Commission has presented additional information to the Tribunal, as well as observations to the State reports on the implementation process of the protection measures. Moreover, a delegation of the Commission made a work visit to Argentina from December 13 to 17, 2004. In the frame of this work visit, the delegation surveyed both Penitentiary establishments and held meetings with federal and provincial authorities to deal about the situation of insecurity and violence that since the month of March 2004 has caused the death to 17 persons and so many others injured. The Delegation also made it a point, to look for solutions to the described problematical.

b. Barbados

Boyce y Joseph

302. On September 17 2004 the Commission requested the Court for the adoption of provisional measures in favor of Lennox Boyce and Jeffrey Joseph, two persons sentenced to the death penalty and whose executions were imminent, with the object of preserving their lives and personal integrity and not to impede that the CIDH would duly examine and take a decision with respect to the merits of their cases.

303. On September 17 2004 the President of the Court issued urgent measures with the object of preserving the life and personal integrity of Mr. Boyce and Mr. Joseph and on November 25, the Inter-American Court resolved, inter alia, to ratify said decision and request the State to adopt with no delays, all the requested measures by its President.

c. Brasil

Urso Blanco Jail

304. During the year 2004 the Commission presented its periodic observations to the State reports in relation to these measures which have been issued in favor of the secluded persons of the Detention Institution José Mario Alves- known as “Urso Blanco Jail”- with the purpose of avoiding that more prisoners could be killed in there.

d. Colombia

19 businessmen

305. On July 30 2004 the Commission requested to the Court the adoption of provisional measures with the purpose that the State would protect the life and personal integrity of Mrs. Sandra Belinda Montero (relative of two of the victims of the case) and her family. On that same day, the President of the Court, without delay, decided, inter alia, to request the State to adopt , without delays, the necessary measures to protect the rights to life and personal integrity of Mrs. Montero Fuentes and her relatives; to investigate the facts that motivated the urgent adoption of measures and to offer participation to the beneficiaries of the measures in the planning and implementation of these measures.

306. On September 3, the Court ratified the decision of its President. Since the concession of these provisional measures, the Commission has presented periodic observations to the State reports (see infra contentious cases).

Álvarez et al.

307. The Commission periodically has presented to Court observations on the reports from the Colombian State on these measures, adopted to protect the physical integrity of the members of the Family Association of Secluded-Disappeared persons in Colombia.

Caballero Delgado and Santana

308. The Commission presented to Court their observations on the State reports on the measures, adopted to protect the physical integrity of some witnesses, “gravely threatened” by virtue that “they submitted evidence on the responsibility of Colombian State agents in the facts” which originated the case (see infra contentious cases).

Paz de San José de Apartadó community

309. The Commission presented to Court their observations on the State reports on these measures which were adopted to protect the personal integrity of the inhabitants of Paz de San José de Apartadó community, Colombia as well as to those persons who service this community

Community Council of Jiguamiandó and families of the Curbaradó

310. The Commission presented to Court their observations on the State reports to these measures, adopted in favor of the afro-descendent community members constituted by the Community Council of Jiguamiandó and families of the Curbaradó, to protect their integrity and the additional purpose of allowing the displaced members of these communities to return to them.

Giraldo Cardona

311. The Commission periodically presented their observations to the reports from Colombia on these measures, adopted to protect the integrity of various persons related to the Civil Committee on Human Rights of Meta, and who have been threatened, harassed and persecuted.

Native town Kankuamo

312. On July 2 2004 the Commission requested the Court the adoption of protective measures in favor of the native town members of Kankuamo, in order to protect their lives, personal integrity, cultural identity and special relation with their ancestral territory.

313. On July 5, the Inter-American Court resolved to request Colombia to adopt, without delays, the necessary measures to protect the life and personal integrity of all the members of the communities that conform the native town Kankuamo; to investigate the facts that motivated the adoption of these provisional measures; to guarantee the necessary security conditions respecting the right of free circulation of the persons of this town, as well as those who had been be forced to move to other regions, may return to their homes, if they so wish it and, to grant participation to the beneficiaries of the measures in the planning and implementation of same.

314. Since the adoption of provisional measures in favor of the native town Kankuamo, and the obligation imposed to the State to report, the Commission has presented the respective observations.

e. Dominican Republic

Expulsion of Haytians and Dominicans of Haytian extraction in the Dominican Republic

315. During the year 2004 the Commission presented their periodic observations on the State reports relating to the adopted measures in favor of the beneficiaries.

f. Ecuador

Native town Sarayaku

316. On June 15 2004 CIDH requested the Court for the adoption of provisional measures in favor of the members of the native town kichwa Sarayaku with the purpose of protecting their life, personal integrity, free circulation right and special relation to their ancestral territory. On July 6, the Court ordered the State, inter alia, to adopt, without delays, the necessary measures to protect the life and personal integrity of the members of the native town members kichwa of Sarayaku and of those who exercised their defense in the required proceedings before the authorities; to guarantee the right of free circulation to the members of the town kichwa de Sarayaku and to investigate the facts that motivated the adoption of these provisional measures, in order to identify the responsible persons and impose on them the corresponding sanctions.

317. During the year 2004 the Commission presented their observations in relation to these provisional measures.

g. Guatemala

Bámaca Velásquez

318. During the year 2004 the Commission presented their periodic observations on the State reports in relation to these provisional measures, which were adopted to protect the life and personal integrity of the family members Bámaca Velásquez permanently residing in Guatemala; Mr. Santiago Cabrera López and family and, family members of Mr. Otoniel de la Roca Mendoza who permanently reside in Guatemala (see infra contentious cases).

Blake

319. During the year 2004 the Commission presented their periodic observations on the State reports relating to these provisional measures which were originally adopted in order to protect the life, freedom and personal integrity of Mr. Victoriano Morales Martínez, in his capacity of main witness in the case against Nicholas Blake, which were later on extended to his family, who since the death of Mr. Morales Martínez is the beneficiary of the measure (see infra contentious cases).

320. On November 17 2004 the Inter-American Court issued a resolution in order to maintain the protection measures for a lapse of four months, and later on would evaluate the need to keep them in force.

Carpio Nicolle

321. The Commission presented their periodic observations on the State reports. The provisional measures were adopted, inter alia, with the purpose of protecting the life and personal integrity of Mrs. Martha Arrivillaga de Carpio, Karen Fischer and Jorge and Rodrigo Carpio Arrivillaga, Abraham Méndez García, wife and children, and the youngsters Rodrigo and Daniela Carpio Fischer, in case they return to Guatemala (see infra contentious cases).

Colotenango

322. During the year 2004 the Commission presented their periodic observations on the State reports relating to these provisional measures, adopted to protect the life and personal integrity of the protected persons by the resolutions of the Inter American Court of Human Rights dated June 22 and December 1 1994, September 19 1997 and February 2 2000.

Fermín Ramírez

323. After the presentation of the demand by the Commission, the representatives of Mr. Fermín Ramírez requested the adoption of provisional measures in this case. On December 16, CIDH presented to the Court their respective observations with respect to the application presented for the protection measures and, on December 21 2004 the President of the Court issued a resolution on urgent measures which, inter alia, requested the State to implement the necessary measures to protect the life and personal integrity of Mr. Ramírez in order not to obstruct the proceedings of his case before the interamerican system (see infra contentious cases).

324. At the date of preparation of this report, the State had not presented any report in relation to compliance of the protection measures.

Helen Mack et al.

325. The Commission presented their periodic observations on the State reports. The provisional measures were adopted with the end, inter alia, of protecting the life and personal integrity of the relatives of Mrs. Myrna Mack Chang and the integrants of the Foundation Myrna Mack, Mrs. Iduvina Hernández and Mr. Jorge Guillermo Lemus Alvarado and their families. (see infra contentious cases).

Massacre of Plan of Sánchez

326. During 2004, the Commission presented their periodic observations on State reports. The provisional measures were adopted, inter alia, to preserve and protect the life, integrity and personal liberties of Messrs. Salvador Jerónimo Sánchez, Prudencia Cajbon, Faustina Tojom, Juan Manuel Jerónimo and Buenaventura Jerónimo (see infra contentious cases).

Raxcacó et al.

327. On August 16 2004 the Commission requested the adoption of provisional measures to preserve the life and physical integrity of Ronald Ernesto Raxcacó Reyes, Hugo Humberto Ruiz Fuentes, Bernardino Rodríguez Lara and Pablo Arturo Ruiz Almengor, sentenced to the death penalty in Guatemala, in order not to obstruct the proceedings of their cases before the interamerican system.

328. On August 30, the Inter American Court resolved, inter alia, to request the State to adopt, without delays, the necessary measures to protect the life of Ronald Ernesto Raxcacó Reyes, Hugo Humberto Ruiz Fuentes, Bernardino Rodríguez Lara and Pablo Arturo Ruiz Almengor in order not to obstruct the proceedings of their cases before the interamerican system (see infra contentious cases).

329. From the moment the provisional measures were adopted in this case and the consequent obligation to report imposed on the State, the Commission has presented the respective observations.

h. Haití

Lysias Fleury

330. During the year 2004 the Commission presented their observations related to the provisional measures, adopted to protect the life and integrity of Lysias Fleury.

i. México

José Francisco Gallardo

331. During 2004 the Commission presented their periodic observations on the State reports in relation to the adopted measures to protect the life and integrity of General Gallardo.

Pilar Noriega et al. (former Center of Human Rights Miguel Agustín Pro Juárez et al.)

332. On April 20 2004, the Inter American Court issued a resolution through which it was decided, inter alia, to levy the provisional measures ordained in its Resolution of November 30 2001 in favor of the members of the Center of Human Rights Miguel Agustín Pro Juárez and request the State to maintain the necessary measures to protect the life and personal integrity of Attorneys at Law Pilar Noriega García, Bárbara Zamora López and in favor of Eusebio Ochoa López and Irene Alicia Plácido Evangelista, parents of Digna Ochoa and Plácido and of the brothers Carmen, Jesús, Luz María, Eusebio, Guadalupe, Ismael, Elia, Estela, Roberto, Juan Carlos, Ignacio and Agustín, all Ochoa and Plácido.

333. During 2004 the Commission presented their periodic observations on the State Reports in regard to the mentioned measures.

j. Nicaragua

Mayagna Community (Sumo) Awas Tingni

334. During the year 2004 the Commission presented the information and observations in relation to the provisional measures adopted in favor of the Mayagna Community (Sumo) Awas Tingni (see infra contentious cases).

k. Perú

Gómez Paquiyauri

335. On May 7 2004, after the public audience in this case, the Interamerican Court resolved, inter alia, to request the State to adopt the necessary measures to protect the life and personal integrity of Messrs. Ricardo Samuel Gómez Quispe, Marcelina Paquiyauri Illanes de Gómez, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri, Jacinta Peralta Allccarima, Ricardo Emilio, Carlos Pedro, y Marcelina Haydée, all of them Gómez Paquiyauri, as well as the minor Nora Emely Gómez Peralta. The Court also decided to request the State to adopt, without delays, the necessary measures to protect the life and personal integrity of Mr. Ángel del Rosario Vásquez Chumo and members of his family.

336. During 2004 the Commission presented their periodic observations on the State reports relating to the adopted measures. (see infra contentious cases).

l. Trinidad y Tobago

James et al.

337. During the year 2004 the Commission presented the information and observations in relation to the provisional adopted measures in favor of the beneficiaries (see infra contentious cases Hilaire, Constantine y Benjamin et al).

m. Venezuela

Carlos Nieto Palma et al.

338. On July 7 2004 CIDH requested the adoption of provisional measures to protect the life, personal integrity, freedom of speech and of association in favor of the supporter of human rights Carlos Nieto Palma, who used to work as General Coordinator of the non government organization Una Ventana a la Libertad, as well as to protect the life and personal integrity of this family.

339. On July 9 2004 the Interamerican Court requested the State, inter alia, to adopt, without delays, the necessary measures to preserve and protect the life, integrity and personal liberties of Mr. Carlos Nieto Palma, as well as the life and personal integrity of his family, in particular his nephew John Carmelo Laicono Nieto.

340. From the moment said measures were granted, the Commission presented information and observations in relation to the ordained provisional measures.

Eloisa Barrios et al.

341. On September 23 2004 CIDH requested the adoption of provisional measures to protect the life and personal integrity of Messrs. Eloisa Barrios, Jorge Barrios, Rigoberto Barrios, Oscar Barrios, Inés Barrios, Pablo Solórzano, Beatriz Barrios, Caudy Barrios, Carolina García and Juan Barrios, eyewitnesses and/or impellers of the investigations related to the assassination of Narciso Barrios, presumably carried out by State agents.

342. On September 24 the President ordered the urgent measures to protect the life and personal integrity of the beneficiaries and on November 23 2004, the Court ratified the requested measures and requested the State to maintain the necessary measures they had adopted and immediately issue those necessary to efficiently protect the life and personal integrity of Mrs. Eloisa Barrios, Inés Barrios, Beatriz Barrios and Carolina García, and Messrs. Jorge Barrios, Rigoberto Barrios, Oscar Barrios, Pablo Solórzano, Caudy Barrios and Juan Barrios. As of the concession of said measures, the Commission presented information and observations in relation to the ordered provisional measures.

El Nacional and Así es la Noticia

343. On June 25 2004 the Commission submitted to the Court a request to adopt the provisional measures in favor of the persons who work in the communication median “El Nacional” and “Así es la Noticia”, with the purpose of protecting their lives, personal integrity and expression freedom.

344. On July 6 2004 The InterAmerican Court requested the State, inter alia, to adopt, without delays, the necessary measures to preserve and protect the life, personal integrity and expression freedom of Messrs. Sergio Dahbar, Ramón José Medina, Enrique Otero, Rafael Lastra, Ibéyise Pacheco, Patricia Poleo, Marianela Salazar, Henry Delgado, Alex Delgado and Edgar López, as well as all other persons inside the installations of the social communications media “El Nacional” y “Así es la Noticia” or who could be related to the journalist operation of these media. As of the concession of these measures, the Commission presented information and observations in relation to the ordered provisional measures.

Television Channel “Globovisión”

345. On July 16 2004 CIDH submitted to the Court a request of provisional measures to protect the life, personal integrity and communication freedom of the journalists, directors and all other workers of the Venezuelan Television channel Globovisión who are within the installations of this social communication media or who could be involved in the journalist operation of this channel. The Commission also requested the Court to request the State to adopt the necessary measures in order to offer perimerical protection to the installations of Globovisión channel.

346. On August 3, the President of the Court granted the urgent measures and on September 4 2004 the Interamerican Court ordered the State, inter alia, to keep the measures which had been adopted and the new ones to be adopted, without delays, to comply with what was ordered. During the corresponding term, the Commission presented information and observations in relation to the ordered provisional measures.

Liliana Ortega et al.

347. During the year 2004 the Commission presented information and observations in relation to the ordered provisional measures in favor of Liliana Ortega and other members of the non government organization Committee of Relatives of the Victims of the events that happened in February-March 1989 (COFAVIC). […]

Luis Uzcátegui

348. During 2004 the Commission presented information and observations in relation to the ordered provisional measures in favor of Mr. Uzcátegui.

Luisiana Ríos et al.

349. During the year 2004 the Commission presented information and observations in relation to the ordered provisional measures in favor of Luisiana Ríos, Armando Amaya, Antonio José Monroy, Laura Castellanos and Argenis Uribe, all of them workers of the Television channel Radio Caracas (RCTV).

Marta Colomina y Liliana Velásquez

350. During the year 2004 the Commission presented information and observations in relation to the ordered provisional measures in favor of Marta Colomina and Liliana Velásquez.

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