... CONTINUATION   (revised)

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

            1.        Precautionary measures granted by the IACHR during 2005

9.      The mechanism of precautionary measures is provided for by Article 25 of the Rules of Procedure of IACHR. This provision establishes that, in severe and urgent cases, and whenever necessary according to available information, the IACHR may, on its own initiative or at the request of a party, petition that the State concerned adopt precautionary measures to prevent irreparable harm to persons.  If the Commission is not in session, the Chair, or in his or her absence, one of the Vice-Chairs, shall consult with the other members, through the Secretariat, regarding the application of this rule.  If it is not possible to consult the members within reasonable time-limits under the circumstances, the Chair shall take the decision on behalf of the Commission and shall so inform its members immediately.  In conformity with 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 case, the granting of such measures by the IACHR does not constitute prejudgment on the merits of the case.

10.      The IACHR is presenting below a summary of the precautionary measures granted in 2004 involving the member States.  It should be clarified that the number of precautionary measures that are granted does not reflect the number of persons protected by their adoption, since many of the precautionary measures granted by the IACHR, as can be observed below, extend protection to more than one person and, in certain cases, to groups of persons such as communities or indigenous peoples.

ARGENTINA

11.       On January 18, 2005, the IACHR granted precautionary measures in favor of María Leontina Millacura Llaipen and her family, Gerardo Colin, Patricio Oliva, Tamara Bolívar, Walter Mansilla, Silvia de los Santos, Verónica Heredia, and the family of Iván Eladio Torres. The IACHR’s decision was based on information indicating that Mr. David Alberto Hayes, then serving a prison sentence at the town hall of the city of Comodoro Rivadavia, had suffered threats and attacks against his physical integrity, presumably because he was a witness in the trial being conducted into the disappearance of 26-year-old Iván Eladio Torres on October 2, 2003. On January 17, 2005, Mr. David Alberto Hayes died in unclear circumstances. Similarly, other witnesses and family members had suffered intimidation and attacks, also presumably in connection with the search for justice in the disappearance of Iván Torres. In light of this situation, the IACHR asked the Argentine State to adopt the measures necessary to ensure the lives and personal integrity of the beneficiaries. On January 21, 2005, the IACHR amplified the precautionary measures in favor of Juan Pablo Caba and Miguel Ángel Sánchez, and on January 25, 2005, further amplified the measures in favor of the members of the Hayes family, in both instances at the petitioners’ request. The Commission continues to monitor the situation of the protected individuals, whose representatives have met with the State on several occasions to examine issues relating to the precautionary measures.

BOLIVIA

12.       On March 11, 2005, the IACHR granted precautionary measures in favor of the Tacana indigenous community of Miraflores (Riberalta), a group comprising 53 families (270 people) settled on Multiethnic Indigenous Territory II (“TIM II”) in Gonzalo Moreno municipality of Madre de Dios province, Pando department, in the Northern Amazon region of Bolivia, and on behalf of members of the Center for Juridical Studies and Social Investigation (CEJIS). The information available indicates that on December 17, 2004, armed individuals attacked and violently evicted 50 members of the Miraflores indigenous community, set fire to their homes, made threats against them, and occupied a part of the community’s land. Subsequently, on January 5, 2006, thirty armed individuals with ties to the Riberalta Agroforestry Association (ASAGRI) forcibly entered the offices of the CEJIS, made death threats, and ransacked and destroyed office equipment and documents that proved the existence of a large estate in the Northern Amazon region. During this incident the armed individuals gave the CEJIS a deadline of “48 hours to get out of Riberalta” and threatened to harm Cliver Rocha, the person responsible for the office, if he ever returned to the municipality. In light of the risks facing the beneficiaries, the IACHR asked the Bolivian State to adopt the measures necessary to ensure the lives and personal integrity of the Tacana and Cavineño indigenous community of Miraflores (Riberalta) and to guarantee the physical integrity of CEJIS members Carlos Gustavo Romero Bonifaz, Leonardo Tamburini, Ignacio Franco Semo, Mónica Lijerón Aponte, Mabel Herrera Montaño, Leslie Peñarrieta Justiniano, Juan Carlos Mérida Romero, and Margot Céspedes, including the installation of a police guard post for the indigenous community during the nut harvest and a permanent police guard post at the offices of CEJIS in the municipalities of Riberalta (Beni department) and Cobija (Pando department). The Commission also asked the State to conduct an exhaustive investigation of the reported acts of intimidation and threats. On May 11, 2005, the IACHR requested that the precautionary measures be amplified in favor of Cesar Blanco Álvarez and Oscar Vargas Herrera, two lawyers connected with the CEJIS office in Santa Cruz de la Sierra. The Commission continues to monitor the situation of the beneficiaries.

BRASIL

COLOMBIA

13.        On January 18, 2005, the IACHR granted precautionary measures in favor of the journalists Ricardo Gálvez, Aníbal Ortiz and Germán Galviz (or Galvis). The available information indicates that these journalists host a program on Radio Lemas in the city of Cúcuta that addresses issues of law and order and hosts debates on matters of corruption and insecurity in the department of Santander, and that as a consequence they have received death threats and other forms of harassment. It is alleged that on January 11, 2005, the journalist Julio Humberto Palacios was murdered while traveling to the radio station. Given the risks facing the beneficiaries, the Commission asked the Colombian Government to adopt the measures necessary to protect the lives and personal integrity of the journalists Ricardo Gálvez, Aníbal Ortiz, and Germán Galviz (or Galvis), and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

14.       On February 4, 2005, the IACHR granted precautionary measures in favor of the members of the Wiwa indigenous people of the Sierra Nevada of Santa Marta. The information available indicates that during the past two years, these indigenous people have suffered a series of violent acts by paramilitaries, including the murder of approximately 50 indigenous leaders, the forced displacement of more than 800 individuals, and a deteriorating humanitarian situation in the communities of La Laguna, El Limón, Marokazo, Dudka, Linda, and Potrerito. It is reported that on January 19, 2005, Angel Milciades Loperena Díaz, the General Treasurer of the Wiwa Yugumaiun Bukuanarúa Tayrona Organization, was murdered, along with his brother Darío Loperena, a community schoolteacher, in San Juan del Cesar (La Guajira department). Responsibility for the killings was attributed to the Northern Bloc of the United Self-Defense Forces of Colombia under the command of “Jorge 40.” Given the risks facing the beneficiaries, the Commission asked the Colombian State to adopt the measures necessary to protect the lives and personal integrity of the members of the Wiwa People of the Sierra Nevada of Santa Marta, respecting their cultural identity and protecting the special relationship they enjoy with their lands, in accordance with the obligations entered into by the State. The Commission also asked the State to provide humanitarian assistance to the victims of the displacements and food crises, in particular the indigenous people’s minor children, to agree on collective protection measures, including the presence of a community defender, with the beneficiaries through their representative organizations Wiwa Yugumaiun Bukuanarúa Tayrona OBYBT, the Gonabindua Tayrona Organization, and the petitioners, and to take the steps necessary to end the acts of violence and threats carried out against the beneficiary community. The Commission continues to monitor the situation of the beneficiaries.

15.      On May 5, 2005, the Commission granted precautionary measures to protect the offices of the Macizo Integration Committee (CIMA) in the municipality of Popayán, in order to ensure the safety of workers employed on those premises. The information available indicates that the CIMA’s members have been singled out and threatened due to their work in support of rural communities. Particular emphasis was placed on the security situation of one of the members, Mr. Miguel Fernández, who received death threats on several occasions during March and April 2005 at the CIMA’s offices in Popayán, and to whom the State provided a personal security system. Given the risks facing the beneficiaries, the Commission asked the Colombian Government to adopt the measures necessary to ensure the safety of the CIMA’s facilities in Popayán and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

16.      On October 31, 2005, the Commission granted precautionary measures in favor of Arquimedes Vitonás, Ezequiel Vitonás, Gilberto Muñoz Coronado, Gabriel Pavi, Nelson Lemus, Plinio Trochez, Miliciades Musice, Oscar Cuchillo, and Alciades Escué, all of whom are leaders of the North Cauca Association of Municipal Councils. The information provided indicates that the Nasa people of the north of the Department of Cauca, and in particular their leaders, have been targeted by acts of violence and threats from belligerents in the armed conflict taking place in that area and have been singled out by the Colombian army. Given the risks facing the beneficiaries, the Commission asked the Colombian Government to adopt the measures necessary to protect the lives and personal integrity of Arquimedes Vitonás, Ezequiel Vitonás, Gilberto Muñoz Coronado, Gabriel Pavi, Nelson Lemus, Plinio Trochez, Miliciades Musice, Oscar Cuchillo, and Alciades Escué, and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

17.         On November 16, 2005, the Commission granted precautionary measures in favor of Mrs. Mercedes Ochoa López, an eye-witness to the death of the minor child Nicolás Neira in an incident that occurred in the city of Bogotá on May 1, 2005 and involved members of the security forces. The information available indicates that after giving a statement to the Office of the Prosecutor General, Mrs. Ochoa López was followed and harassed on repeated occasions during the months of July and August 2005. On September 13, 2005, the IACHR asked the State to provide information on Mrs. Ochoa López’s situation and, after receiving its reply, forwarded it to the requesting petitioners for their comments. The petitioners reported in their reply of November 9, 2005, that the acts of harassment against the witness Mercedes Ochoa López were still occurring. Given the risks facing the beneficiary, the Commission asked the Colombian Government to adopt the measures necessary to protect the life and personal integrity of Mrs. Mercedes Ochoa López and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiary.

ECUADOR

18.     On February 24, 2005, the IACHR granted precautionary measures on behalf of Orlando Pérez Torres, Antonio Ricaurte, Paco Velasco, Patricio Acosta, Blasco Peñaherrera Solah, Diego Guzmán, and Maria Paula Romo, all of whom are journalists with Radio La Luna in Ecuador. The information available indicates that these individuals had suffered death threats, attacks, and assaults on their lives because of their journalism work. Given the risks facing the beneficiaries, the Commission asked the Ecuadorian State to adopt the measures necessary to protect the life and personal integrity of the journalists Orlando Pérez Torres, Antonio Ricaurte, Paco Velasco, Patricio Acosta, Blasco Peñaherrera Solah, Diego Guzmán, and Maria Paula Romo. On May 26, 2005, the Commission asked the Ecuadorian Government to amplify the precautionary measures in favor of Luis Ramiro Poso, Patricia Perez Duque, Ataulfo Tobar, Henry Ochoa, William Perez, Erica Castro, Jonny Pinargote, Mary de Pinargote, and Argeni Pinargote, all of whom are employees of La Luna, after an incident in which men armed with sticks and iron bars caused a disturbance in front of the radio station. The Commission continues to monitor the situation of the beneficiaries.

19.       On March 10, 2005, the IACHR granted precautionary measures in favor of Enrique Ayala Mora, a member of the National Congress. The information available indicates that this congressional deputy has been the object of reprisals, presumably for his public criticisms of the current situation in the State. Specifically, on March 5, 2005, Mr. Ayala Mora was attacked in the street when three gunshots hit his vehicle, wounding him in the neck, waist and one hand. Given the risks facing the beneficiary, the Commission asked the Ecuadorian Government to adopt the measures necessary to protect the life and personal integrity of Enrique Ayala Mora and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiary.

20.       On December 22, 2005, the IACHR granted precautionary measures in favor of the lawyers and human rights defenders Alejandro Ponce Villacís, Ermel Chávez, Pablo Fajardo, and Luis Yanza. The information available indicates that the beneficiaries had suffered acts of harassment and threats, and that their office had been broken into and robbed due to their professional work on one high-profile case. Given the risks facing the beneficiaries, the Commission asked the Ecuadorian Government to adopt the measures necessary to protect the lives and personal integrity of Alejandro Ponce Villacís, Ermel Chávez, Pablo Fajardo, and Luis Yanza, and to inform the Commission of the steps taken to investigate the incidents that gave rise to the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

GUATEMALA

21.       On March 17, 2005, the IACHR granted precautionary measures in favor of Nancy Nineth Melgar Reyes de González and her family. The information available indicates that on January 5, 2005, the National Civilian Police and the Criminological Investigation Service raided the home of Nancy Nineth Melgar Reyes de González’s parents, Edwin Antonio Orozco and Elida Argentina Reyes García. It is alleged that this raid was carried out without the corresponding court order and with violence and threats, and that during the incident documents relating to the forced disappearance of César Geovani Guzmán Reyes were confiscated. On February 4, 2005, Messrs. Edwin Antonio Orozco and Elida Argentina Reyes García were murdered in their home by unidentified assailants. Members of the fire brigade found them bound and suffering from gunshot wounds to their heads. In light of these circumstances, the IACHR asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of Mrs. Nancy Nineth Melgar Reyes de González and her family. The Commission continues to monitor the situation of the beneficiaries.

22.      On July 19, 2005, the IACHR granted precautionary measures in favor of Nery Roberto Barrios de León, the president and legal representative of the Popular and Trade-Union Action Unit, UASP, Jovial Acevedo Ayala, a representative of the Union of Education Workers of Guatemala, STEG, and Walter Robles, an attorney-at-law and legal advisor to the UASP. The information available indicates that Messrs. Nery Roberto Barrios de León, Jovial Acevedo Ayala, and Walter Robles had been harassed and had received a series of threats to their lives and physical integrity. Additionally, the headquarters of the Union of Education Workers of Guatemala was raided by unidentified persons between June 25 and 26, 2005. During that raid, information concerning the organized teachers’ movement in Guatemala, which had been stored on computers since 1989, was removed from the premises. Given the risks facing the beneficiaries, the IACHR asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of Nery Roberto Barrios de León, Jovial Acevedo Ayala, and Walter Robles, and to inform the Commission of the steps taken to clarify the incident through judicial mechanisms. The Commission continues to monitor the situation of the beneficiaries.

23.      On October 31, 2005, the IACHR granted precautionary measures in favor of the members of the Madreselva Collective in Guatemala. The information available indicates that the members of this group have been slandered, intimidated, threatened, and attacked on account of their activities in defending and protecting the environment. Given the risks facing the beneficiaries, the Commission asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of the members of the Madreselva Collective, including the assignment of police officers to guard their headquarters, and to investigate threats and harassment reported in the request for precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

24.       On November 7, 2005, the IACHR granted precautionary measures in favor of Aura Lolita Chávez Ixcaquic, the representative in El Quiché department of women’s organizations to the Departmental Development Council, Pedro Chávez Terrasa, Auxiliary Mayor of Xemamatze village and representative of the local authorities of Nebaj, José Raymundo Cedillo, a member of the Heath Commission of Saquil Grande village, Andrés Hermoso De León, a representative of traders from Santa María Nebaj, Manuela Cedillo Brito, a member of the women’s organization of Nebaj, Diego Rivera Santiago, a representative of the “Integral Victims Movement” association in northern Quiché (municipalities of Nebaj, Cotzal, Chajul), Pedro Brito Guzaro, an evangelical pastor, Domingo Brito Raymundo, a member of the Security, Justice, and Human Rights Commission in El Quiché department, Teresa Santiago De León, a member of the indigenous women’s organization of Nebaj, Tomás Ceto López, president and legal representative of the Ixil Civil Association for Community Social Development, and Francisco Raymundo Hernández, president and legal representative of the Maya Defense Office. The information available indicates that on September 21, 2005, the eleven beneficiaries were traveling to Guatemala City in order to discuss the situation in Nebaj municipality with judicial authorities and the Public Prosecution Service. Subsequently and by various means, the Mayor of Nebaj municipality began to make a series of threats, some of which targeted the beneficiaries’ lives and personal integrity, in order to dissuade them from continuing to publicize a number of alleged irregularities in the municipal administration. Given the risks facing the beneficiaries, the Commission asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of Aura Lolita Chávez Ixcaquic, Pedro Chávez Terrasa, José Raymundo Cedillo, Andrés Hermoso de León, Manuela Cedillo Brito, Dieto Rivera Santiago, Pedro Brito Guzaro, Domingo Brito Raymundo, Teresa Santiago de León, Tomás Ceto López, and Francisco Raymundo Hernández, and to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

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