ANNUAL REPORT OF THE IACHR 2006

 

            HAITI

 

          Evel Fan Fan

 

33.        On November 8, 2006, the IACHR granted precautionary measures in favor of the human rights activist Evel Fan Fan, president of AUMOHD (the Association of University Students in Favor of a Haiti with Rights), and the members of the association. AUMOHD provides legal support for low-income persons and works on behalf of victims of human rights violations in Port-au-Prince. The information available states that Mr. Fan Fan received numerous death threats and was subjected to acts of intimidation because of public denunciations he made regarding the activity of armed groups and mass murders of civilians in the communities of Grand Ravine and Martissant. In particular, members of AUMOHD actively denounced the impunity of the gangs responsible for acts of violence and many of the deaths of civilians in the community. In view of this situation, the IACHR requested that the Government of Haiti adopt the measures necessary to protect the life and physical integrity of Mr. Fan Fan, and the members of AUMOHD, as well as inform the IACHR on the measures taken. The IACHR was informed by the petitioner that following the lodging of this request, national police officers are protecting Mr. Fan Fan. The IACHR is monitoring the beneficiaries´ situation.

 

HONDURAS

 

            The Community of Garifuna Triunfo de la Cruz

 

34.        On April 28, 2006, the IACHR granted precautionary measures in favor of the Garifuna Triunfo de la Cruz Community in Honduras. The situation of this indigenous community vis-à-vis the conflicts over ownership of their ancestral land is the subject of a complaint No. 12,548 under study by the IACHR. While processing the precautionary measures, the Commission requested that the Government of Honduras adopt the measures necessary to protect the right of ownership over the above mentioned lands, prevent or suspend the execution of any judicial or administrative action that might affect the ancestral ownership of the beneficiary community organs of the inter-American system arrive at a final decision on case No. 12,548. The IACHR is monitoring the beneficiaries’ situation.

 

San Juan Garifuna Community

 

35.        On July 7, 2006, the IACHR granted precautionary measures in favor of the San Juan Garifuna Community in Honduras. The situation of this indigenous community vis-à-vis the conflicts related to ownership of its ancestral lands is the subject of a petition being processed by the IACHR under number P-674-06.  Within the context of the precautionary measures, the Commission requested that the government of Honduras adopt the measures necessary to protect the life and personal integrity of the community leaders, especially of Jessica García, Wilfredo Guerrero and Ellis Marín; to protect the right to ownership of said lands; and to avoid or suspend the execution of any judicial or administrative action that could affect the rights attached to the ancestral land of the beneficiary community, until the organs of the Inter-American system adopt a definitive decision regarding petition 674-06.  The IACHR continues to monitor the situation of the beneficiaries.

 

            Dina Meza et al.

 

36.        On December 20, 2006, the IACHR granted precautionary measures in favor of Dina Metabel Meza Elvir, Robert Marín García Martínez, Claudia Dinora Mendoza, Carlos Alberto Hernández Martínez, and Mirtha Yanina Romero, members of ASJ (the Association for a Fairer Society). The available information states that members of ASJ have been subjected to threats against their lives and physical integrity, and that on December 4, 2006, their legal representative in several cases defending labour rights, Dionisio Díaz García, was murdered. In view of this background, the Commission requested that the Government of Honduras adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on steps taken to investigate judicially the events that have given rise to the precautionary measures. The IACHR is monitoring the beneficiaries’ situation.

 

            Father Andrés Tamayo et al.

 

37.        On December 22, 2006, the IACHR granted precautionary measures in favor of Father Andrés Tamayo, Elvin Noe Lanza, Santos Efraín Paguada, Víctor Manuel Ochoa, René Wilfredo Gradiz, Macario Zelaya, and Pedro Amado Acosta, who are members of MAO (the Olancho Environmental Movement).Members of this organization are affected by the threatening atmosphere surrounding environmental activists in Honduras. On June 9, 2006, the IACHR requested information from the State regarding the situation of these persons in order to evaluate the need to activate the precautionary measures mechanism. Although the State’s responses of June 16, August 3, and October 12, 2006 refer to certain protective measures activated on behalf of Father Tamayo, no information was provided regarding any steps taken to provide effective protection to the members of MAO. On December 20, 2006, Mr. Heraldo Zúñiga was murdered, for whom, and for his companion, Roger Murillo, precautionary measures had also been requested. In view of this, the Commission requested that the Government of Honduras adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures. The IACHR is monitoring the beneficiaries’ situation.

 

            JAMAICA

 

            Kimberly Adamou

 

38.        On October 30, 2006, the IACHR granted precautionary measures in favor of Kimberly Adamou in Jamaica. The available information states that Mrs. Adamou has been subjected to threats and other forms of harassment from an individual who is presumed to belong to a band of delinquents called One Order Gang, and against whom a case is underway in which Mrs. Adamou is a witness. By a communication on October 6, 2006, the Commission requested information from the State regarding Mrs. Adamou’s situation, prior to granting precautionary measures and in order to evaluate the need to the same mechanism of precautionary measures. In view of the response from the State and of the urgency of the situation, the Commission proceeded to grant precautionary measures and to request that the State adopt urgent measures to protect the life and physical integrity of Mrs. Adamou and report on the judicial investigation of the events that gave rise to the precautionary measures. The IACHR is monitoring the beneficiary’s situation.

 

            MEXICO

 

            Martín Amaru Barrios Hernández et al.

 

39.        On February 21, 2006, the IACHR granted precautionary measures in favor of Martín Amaru Barrios Hernández and other members of CDHLVT (the Commission for Human and Labor Rights in the Tehuacán Valley) in Mexico. The available information states that Martín Amaru Barrios, Chairman of CDHLVT was spied upon and threatened. In addition, information has circulated indicating that a hired assassin has been employed to murder him. In view of the fact, the Commission requested that the Government of Mexico adopt the measures necessary to protect the lives and personal integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures. The IACHR is monitoring the beneficiaries’ situation.

 

            Arabella del Carmen Jiménez Sánchez et al. (La Voladora Radio)

 

40.        On September 19, 2006, the IACHR granted precautionary measures in favor of Arabella del Carmen Jiménez Sánchez, Daniel Iván García Manrique, Verónica Galicia Castro, Esperanza Aurora Rascón Córdova, and Oscar Reséndiz Galván, all journalists or workers at the “La Voladora” radio station. The available information states that the journalists and workers at “La Voladora” have been subjected to threats and attacks because of their work as journalists. In view of the information, the Commission requested that the Government of Mexico adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures. The IACHR is monitoring the beneficiaries’ situation.
 

            Alejandro Cerezo Contreras and other members of the Cerezo Committee

 

41.        On October 30, 2006, the IACHR granted precautionary measures in favor of Alejandro, Francisco, and Emiliana Cerezo Contreras, all members of the Cerezo Committee in Mexico. The available information states that these human rights activists were subjected to email death threats, were followed and spied upon. In view of this, the Commission requested that the Government of Mexico adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures. The IACHR is monitoring the beneficiaries’ situation.

 

Andrés Quintana Roo Community

 

42.        On December 11, 2006, the IACHR granted precautionary measures in favor of eleven families of the Andrés Quintana Roo community, in Municipio Sabanillas, Chiapas.  The information available indicates that members of the so-called Peace and Justice group had caused the forced displacement of more than 3,000 people from Chiapas. In July 2005, six families of the Andrés Quintana Roo community were displaced to Tabasco.   In February 2006 the number of displaced families increased to eleven, and by the middle of 2006 that number grew to twenty.  On their return to the Andrés Quintana Roo community, the eleven beneficiary families were forced to work and live covertly due to the continued threats and harassment against them by the members of Peace and Justice, and they were also excluded from religious and community activities.  On October 16, 2006, members of Peace and Justice burned and destroyed the house of Rogelio Sánchez, who then had to leave the area.  Likewise, the information available indicates that the reports filed for threats against the returning families did not generate any results.  In view of the situation of danger to the beneficiaries, the IACHR asked the State of Mexico to adopt the measures necessary to protect the lives and personal integrity of the eleven families that have returned to the Andrés Quintana Roo community in Municipio Sabanillas, Chiapas, and that the State 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.

 

            PERU

 

            Margarita Pérez Anchiraico et al. (San Mateo de Huanchor Community)

 

43.        On August 11, 2006, the IACHR granted precautionary measures in favor of Margarita Pérez Anchiraico, Chair of the Committee for those Affected by Mining in Mayoc, Peru. The available information states that Mrs.Pérez Anchiraico has been the target of harassment because of her activism concerning the situation in the San Mateo de Huanchor Community, a matter that is the subject of a petition awaiting final judgment by the IACHR. It is stated that on the night of July 16, 2006, Margarita Pérez was threatened with death: she was told that she would be blown up if she continued to oppose the re-opening of the mine. In view of the information, the Commission requested that the Government of Peru adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures.

 

            UNITED STATES

 

            Omar Khadr

 

44.        On March 21, 2006, the IACHR granted precautionary measures in favor of Omar Khadar, a Canadian citizen aged 19 who was detained in Guantánamo. The information received during a hearing held during the 124th regular session of the IACHR states that the beneficiary is on trial before a military commission in Guantánamo for a crime allegedly committed in Afghanistan when he was 15 years old, and that during his detention and interrogation by military personnel he was denied medical attention; his feet and hands were handcuffed for long periods of time, and he was kept in a cell with fierce dogs; he was threatened with sexual abuse; and his head was covered with a plastic bag. The petitioners allege that the statements taken from him under these circumstances may be admitted as evidence and used against him. During the hearing, the State indicated that the military court could admit all reasonable evidence without clarifying whether statements obtained by torture or cruel, inhumane, or degrading treatment may be used in the trial. The Commission requested that the State, inter alia, adopt the measures necessary to ensure that the beneficiary is not subjected to torture or cruel, inhumane, or degrading treatment and to protect his right to physical, mental, and moral integrity, including measures to prevent him being kept incommunicado for long periods or subjected to forms of interrogation that infringe international standards of humane treatment. The Commission also requested that the State respect the prohibition on the use of any statement obtained by means of torture or cruel, inhumane, or degrading treatment against the beneficiary, and investigate the events and bring to justice those responsible, including those implicated when the doctrine of “management accountability” is applied.

 

            Angel Maturino Resendiz

 

45.        On May 1, 2006, the IACHR granted precautionary measures in favor of the Mexican citizen Ángel Maturino Resendiz, who was a prisoner in a detention center in the state of Texas, United States, under sentence of death. The precautionary measures were presented along with a petition alleging the violation of Articles I, XXV, and XXVI of the American Declaration, which is being processed as No. P360-06. The information available states that since his youth, Mr. Resendiz suffered serious symptoms of mental instability and schizophrenia and these worsened during his seven year stay in prison awaiting the death sentence. It is alleged that he suffered hallucinations and frequent self-inflicted injuries. The petition also alleges, inter alia, serious failings in his legal representation during his trial; the incompatibility of the procedure for clemency under Texan law with the standards of due process defined in Article XXVI of the American Declaration; that the use of the lethal injection as the method of execution causes extreme and unnecessary suffering. In view of these antecedents, the IACHR requested that the Government of the United States adopt the measures necessary to protect the life and physical integrity of the beneficiary and not impede the processing of the above-mentioned claim lodged before the inter-American system. The Commission notes that although precautionary measures were in effect, the beneficiary was executed on June 27, 2006.

 

            Guy LeGrande

 

46.        On  November  27,  2006, the  IACHR granted precautionary measures in favor of Guy LeGrande who was a prisoner in a detention center in the State of North Carolina, United States, under sentence of death. The precautionary measures were presented along with a petition concerning the alleged violation of Articles I, II, XVII, and XXVI of the American Declaration, which is being processed as No. P1282-06. The information available states that Mr. LeGrande suffers from mental disability in spite of which he was allowed by the authorities to conduct his own defense during a trial which concluded in the application of the death penalty. The petition also questions the impartiality of those who took part in the trial, particularly from the point of view of the accused’s racial origin, to the extent that is incompatible with the provisions of Article II of the American Declaration. In view of these antecedents, the IACHR requested that the Government of the United States adopt the measures necessary to protect the life and physical integrity of the beneficiary and not impede the processing of the above-mentioned claim lodged before the inter-American system.

 

            José Ernesto Medellín

 

47.        On December 6, 2006, the IACHR granted precautionary measures in favor of the Mexican citizen José Ernesto Medellín, who was a prisoner in a detention center in the State of Texas, United States, under sentence of death. The precautionary measures were presented along with a petition concerning the alleged violation of Articles I, XVII, and XXVI of the American Declaration, which is being processed as No. P1232-06. The information available states that Mr. Medellín had no consular assistance during his arrest, detention, or trial; the incompatibility of the procedure for clemency under Texan law with the standards of due process defined in Article XXVI of the American Declaration; and that the use of the lethal injection as the method of execution causes extreme and unnecessary suffering. In view of these antecedents, the IACHR requested that the Government of the United States adopted the measures necessary to protect the life and physical integrity of the beneficiary and not impede the processing of the above-mentioned claim presented before the inter-American system.

 

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