Annual Report 2006 - Chapter III

ANNUAL REPORT OF THE IACHR 2006

E. Petitions and cases before the Inter-American Court of Human Rights

422. Article 63.2 of the American Convention on Human Rights provides that in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission.

423. Below is a summary of the 45 provisional measures adopted during the period covered by this report, arranged by country. The number of measures requested of States is not the same as the number of persons protected by the measures.

a. Argentina

Millacura Llaipén et al.

424. On June 20, 2006, the Commission requested the Inter-American Court for provisional measures designed to have the State protect the life and physical integrity of María Leontina Millacura Llaipén, her children Marcos and Valeria Torres, her son-in-law Juan Pablo Caba; Gerardo Colín; Patricio Oliva; Tamara Bolívar; Walter Mansilla; Silvia de los Santos; Verónica Heredia; Miguel Ángel Sánchez; as well as Viviana and Sonia Hayes. Mrs. Millacura Llaipén is a petitioner before the Commission; in connection with the events complained of in her petition and her quest for justice, she, her family and her lawyers have been subjected to intimidation and attacks.

425. By a resolution of June 21, 2006, the President of the Court ordered the State, among other things, to immediately take all steps necessary to protect the right to life and physical integrity of the beneficiaries identified by the Commission. The President of the Court also summoned the parties to a public hearing on the matter, held on July 6, 2006, attended by the Commission, the representatives of the beneficiaries and the State. That same day the Court issued a resolution fully confirming the President's. In the course of the year, the Commission presented information and observations on these provisional measures, as ordered by the Court.

426. The full text of the resolutions may be found at this link: <http://www.corteidh.or.cr/docs/medidas/millacura_se_01.doc>

Prisons in Mendoza

427. During 2006 the Commission presented information and observations on the provisional measures ordered by the Court on November 22, 2004, whose primary purpose is to protect the life and physical integrity of all inmates at the Provincial Penitentiary of Mendoza and the Gustavo André facility in Lavalle, as well as all persons within those facilities.

428. On February 7, 2006, the Court summoned the IACHR, the representatives of the beneficiaries and the State, to a public hearing held on March 30, 2006. That same day the Court issued an order reiterating the State's obligation to immediately and without fail take the necessary provisional measures to effectively protect the life and physical integrity of all inmates at the Provincial Penitentiary of Mendoza and the Gustavo André unit in Lavalle, as well as all persons within those facilities, eliminating in particular the risk of violent death and correcting the deficient conditions of internal security and control in those prisons.

429. The order may be found at this link: <http://www.corteidh.or.cr/docs/medidas/penitenciariamendoza_se_03.doc>.

b. Barbados

Boyce et al.

430. These measures were ordered by the Court at the request of the Commission in order to stay the death penalty imposed by the courts of Barbados on Lennox Boyce, Jeffrey Joseph, Frederick Atkins and Michael Huggins, until such time as the organs of the Inter-American System have ruled on their complaints of violation of the American Convention. During 2006, despite repeated requests from the Court, Barbados failed to report on the measures taken to comply with these measures.

431. On June 23, 2006, the Commission filed a complaint against Barbados that is now being heard by the Court, in connection with these measures. See below under contentious cases.

c. Brazil

Urso Branco Prison

432. During 2006 the Commission presented information and observations on these provisional measures ordered on June 18, 2002, in favor of inmates at the José Mario Alves Detention Center -- known as the "Urso Branco Prison -- to "prevent further deaths of inmates" in that facility.

433. In particular, the Commission has insisted on the need to hold a public hearing on this matter, so that the parties may present arguments or information with respect to the hitherto deficient implementation of these measures.

Febém Tatuapé Complex

434. During 2006 the Commission observed periodically on the State's reports concerning these measures, which were ordered by the Court at the Commission's request in order to protect the life and physical integrity of all children and teenagers at FEBEM's "Tatuapé Complex," as well as all persons within that facility as of November 17, 2005.

435. On July 4, 2006, the Court issued a ruling confirming the State's obligations in regard to these provisional measures and denying a request to expand the provisional measures in favor of the head of one of the organizations representing the beneficiaries, who was allegedly subjected to acts of intimidation by State agents in connection with her participation in the proceedings.

436. The above-mentioned resolution may be found at: <http://www.corteidh. or.cr/docs/medidas/febem_se_03.doc>.

Araraquara Penitentiary

437. On July 25, 2006, the Commission asked the Court for provisional measures to have the State protect the life and physical integrity of all persons imprisoned at the Dr. Sebastião Martins Silveira Penitentiary located at Araraquara, in the state of São Paulo, as well as persons who might in the future be held as inmates or detainees in that prison, whose inmates were suffering from crowding and neglect in unsanitary conditions.

438. By an order of July 28, 2006, the President of the Court ordered the State, among other things, to immediately take the necessary measures to protect the life and physical integrity of all persons imprisoned in the "Dr. Sebastião Martins Silveira" Penitentiary, as well as persons who might be held there as inmates or detainees in the future. The President of the Court also summoned the parties to a public hearing on this matter, held on September 28, 2006, with the Commission, representatives of the beneficiaries and the Brazilian State. At that public hearing the State advised the Court that it had shut down the Araraquara Penitentiary and transferred all inmates to other detention facilities.

439. On September 30, 2006, the Court issued a resolution reiterating to the State the measures already ordered by the President in July and informing the State that its obligations regarding detainees covered by a protective measure are not fully discharged by simply transferring them to another prison. During 2006 the Commission presented information and observations on these provisional measures.

440. The full text of the above-mentioned orders may be found at: <http://www.corteidh.or.cr/docs/medidas/araraquara_se_012.doc> and <http://www.corteidh.or.cr/docs/medidas/araraquara_se_02_portugues.doc>.

d. Colombia

19 Merchants

441. During 2006 the Commission periodically commented on the State's reports concerning these measures, ordered by the Court on September 3, 2004 at the request of the Commission, to protect the life and physical integrity of Mrs. Sandra Belinda Montero (a relative of two victims in the case, see below, adversarial proceedings) and her family.

442. On April 28, 2006, the President of the Court issued an urgent measures order reiterating to the State the need for taking, maintaining and expanding the protective measures ordered since 2004. On July 4, 2006, the Court confirmed the President's decision and ordered the State of Colombia to maintain the measures taken in favor of Mrs. Montero and her family; to immediately take the necessary measures to protect the right to life and physical integrity of Messrs. Salomón Flórez Contreras and Luis José Pundor Quintero and Mrs. Ana Diva Quintero Quintero de Pundor, as well as their respective families; and to investigate the events that prompted the protective measures.

443. The above-mentioned orders may be found at: http://www.corteidh.or.cr/docs/medidas/comerciantes_se_02.doc and <http://www.corteidh. or.cr/docs/medidas/comerciantes_se_03.doc>.

Álvarez et al.

444. During 2006 the Commission periodically presented to the Court comments on Colombia's reports regarding these measures ordered by the Court at the request of the Commission to protect the physical integrity of members of the Association of Relatives of Detainees-Disappeared Persons of Colombia since July 22, 1997.

Caballero Delgado and Santana case

445. During 2006 the Commission periodically presented to the Court its comments on Colombia's reports about these measures. The measures were ordered by the Court at the request of the Commission on December 7, 1994, to protect the physical integrity of certain witnesses who testified about the responsibility of State agents during the adversarial proceedings in this case heard by the Court (see below).

446. On July 4, 2006, the Court issued an order lifting the provisional measures in favor of Mrs. Élida González Vergel because

the information presented by the State, the Commission and the representatives shows that her whereabouts have remained unknown for over five years […] the usefulness of provisional measures depends largely on the possibility of actually implementing them. The parties agree that the possible lifting of the measures carries no implication about the risk that the beneficiary may face, which will need to be evaluated when there is news of her whereabouts.

447. The Court also ordered Colombia to maintain and take the necessary measures to protect the life and physical integrity of María Nodelia Parra and Gonzalo Arias Alturo. The text of that decision may be found at: <http://www.corteidh.or.cr/docs/medidas/caballero_se_06.doc>.

San José de Apartadó Peace Community

448. These measures were ordered by the Court at the request of the Commission to protect the physical integrity of members of the San José de Apartadó Peace Community and persons in its service as from October 9, 2000. On February 2, 2006, the Court reiterated the applicability of the provisional measures. Subsequently, the Commission presented to the Court its observations on the reports by the State and the representatives of the beneficiaries.

449. The text of the above mentioned order may be found at: <http://www.corteidh.or. cr/docs/medidas/apartado_se_06.doc>.

Community Councils of Jiguamiandó and Curbaradó

450. The Court ordered these measures on March 6, 2003, at the request of the Commission, to protect the right to life and the right to remain in their territory of members of the Community Council of Jiguamiandó and Curbaradó families. On February 7, 2006, the Court reiterated the applicability of the provisional measures. Subsequently, the Commission submitted to the Court its observations on the report submitted by the State and the observations of the representatives of the beneficiaries.

451. The text of the above mentioned decision may be found at: <http://www.corteidh.or.cr/docs/medidas/jiguamiando_se_04.doc>.

Giraldo Cardona

452. The measures in the case of Giraldo Cardona were ordered by the Court at the request of the Commission on October 28, 1996. They are intended to protect the life, physical integrity and continuity of the work of members of the Civic Committee for Human Rights of the Department of Meta, who had been threatened, harassed and persecuted. During 2006 the Commission presented to the Court periodic observations on the reports by Colombia and the representatives of the beneficiaries.

453. On November 29, 2006, the Court reiterated the applicability of these provisional measures. That order may be found at: <http://www.corteidh. or.cr/docs/medidas/giraldo_se_09.doc>.

Gutiérrez Soler

454. During 2006 the Commission periodically submitted observations on the State's reports concerning these measures ordered by the Court on March 11, 2005. The measures seek to: a) protect the life, physical integrity and personal liberty of Mr. Ricardo Gutiérrez Soler and his family, namely: his mother, Mrs. María Elena Soler de Gutiérrez; his children Luisa Fernanda Gutiérrez Reyes, Paula Camila Gutiérrez Reyes, Leonardo Gutiérrez Rubiano, Leydi Caterin Gutiérrez Peña, Sulma Tatiana Gutiérrez Rubiano, Ricardo Alberto Gutiérrez Rubiano and Carlos Andrés Gutiérrez Rubiano; and Mrs.Yaqueline Reyes; and b) protect the life, physical integrity and personal liberty of Mr. Wilson Gutiérrez Soler and his son Kevin Daniel Gutiérrez Niño, should they return to Colombia. See below, contentious cases.

Mapiripán Massacre

455. During 2006 the Commission periodically observed on the State's reports concerning the measures originally ordered by the President of the Court on February 4, 2005. They require the State to take the necessary measures in order to protect the life and physical integrity of Carmen Johana Jaramillo Giraldo, Esther Pinzón López, Sara Paola Pinzón López, María Teresa Pinzón López, Yur Mary Herrera Contreras, Zully Herrera Contreras, Maryuri Caicedo Contreras, Nadia Marina Valencia Sanmiguel, Yinda Adriana Valencia Sanmiguel, Johana Marina Valencia Sanmiguel, Gustavo Caicedo Contreras, Rusbel Asdrúbal Martínez Contreras, Roland Andrés Valencia Sanmiguel, Ronald Mayiber Valencia Sanmiguel, Luis Guillermo Pérez, Nory Giraldo de Jaramillo, Marina San Miguel Duarte, Viviana Barrera Cruz, Luz Mery Pinzón López and Mariela Contreras Cruz. See below, contentious cases.

Mery Naranjo et al.

456. On July 3, 2006, the Commission asked the Court for provisional measures to have the State protect the life and physical integrity of Mrs. Mery Naranjo Jiménez and her family and investigate the events perpetrated against her and Mrs. María del Socorro Mosquera Londoño. Mrs. Naranjo and Mrs. Mosquera are human rights defenders and community leaders in the city of Medellín. They have been subjected, in connection with their work, to intimidation and attacks by State agents and civilians identifying with paramilitary groups.

457. By decision of July 5, 2006, the Court ordered the State, among other things, to immediately take the necessary measures to protect the right to life and physical integrity of Mery Naranjo Jiménez and her family members Juan David Naranjo Jiménez, Alejandro Naranjo Jiménez, Sandra Janeth Naranjo Jiménez, Alba Mery Naranjo Jiménez, Erika Johann Gómez, Javier Augusto Torres Durán, Heidi Tatiana Naranjo Gómez, Sebastián Naranjo Jiménez, María Camila Naranjo Jiménez, Aura María Amaya Naranjo, Esteban Torres Naranjo, María del Socorro Mosquera Londoño and Luisa María Escudero Jiménez. The Court reiterated this decision in a decision of September 22, 2006. In the course of the year, as ordered by the Court, the Commission presented information and observations on these provisional measures.

458. The full text of the above decisions may be found at the following links:

<http://www.corteidh.or.cr/docs/medidas/naranjo_se_01.doc> and <http:// www.corteidh. or.cr/docs/medidas/naranjo_se_02.doc>.

Kankuamo Indigenous People

459. During 2006 the Commission periodically commented on the State's reports concerning measures ordered on July 5, 2004, in favor of members of the indigenous Kankuamo people to protect their lives, physical integrity, cultural identity and special connection to their ancestral lands.

460. On December 7, 2006, the President of the Court scheduled a public hearing at the seat of the Court to hear the parties' arguments on implementation of the provisional measures ordered in this case to be held on January 26, 2007.

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