ANNUAL REPORT OF THE IACHR 2006
Indigenous People of Sarayaku
461. During 2006 the Commission presented to the Court its observations on the State's reports concerning the measures ordered by the Court at the request of the Commission on June 6, 2004, in favor of members of the indigenous kichwa people of Sarayaku. The measures seek to protect their life and physical integrity, their right to freedom of movement and their special connection to their ancestral lands. These measures were confirmed on June 17, 2005, before the public hearing with the parties, held on May 11, 2005, in Asunción, Paraguay.
f. El Salvador
Gloria Giralt de García Prieto et al.
462. On September 26, 2006, the Court issued, at the request of the Commission, provisional measures to protect the life and physical integrity of certain family members of Mr. Ramón Mauricio García Prieto Giralt, as well as some of his legal advisers and members of the Human Rights Institute of the Central American University. These measures have to do with a complaint filed by the Commission on February 9, 2006, which is being heard by the Court (see below, contentious cases).
463. The text of the provisional measures order may be found at: <http://www.corteidh.or.cr/docs/medidas/giralt_se_01.doc>.
464. During 2006 the Commission presented information and observations on these provisional measures originally ordered on June 30, 1998, whose purpose at present is to protect the life and physical integrity of the following persons: Santiago Cabrera López, Alfonso Cabrera Viagres, María Victoria López, Blanca Cabrera, Carmenlinda Cabrera, Teresa Aguilar Cabrera, Olga Maldonado, Carlos Alfonso Cabrera, José León Bámaca Hernández, Egidia Gebia Bámaca Velásquez, Josefina Bámaca Velásquez, Alberta Velásquez, Rudy López Velásquez and other members of the Bámaca Velásquez family residing permanently in Guatemala; Emerita Mendoza, Wendy Pérez Álvarez, Sulni Madeli Pérez Álvarez, José Oswaldo Pérez Álvarez, Jacobo Álvarez, José Pioquinto Álvarez, Alez Javier Álvarez, Germán Aníbal de la Roca Mendoza, Kevin Otoniel de la Roca Mendoza, Blanca Noelia Meléndez, Aron Álvarez Mendoza and his family, and other members of the family of Mr. Otoniel de la Roca Mendoza residing permanently in Guatemala, under the terms of the most recent decision of the Court, issued on March 11, 2005, confirming that the measures remain in effect. See below, contentious cases.
465. During 2006 the Commission presented information and observations on these provisional measures ordered since July 4, 1995, among other things to protect the life and physical integrity of Mrs. Martha Arrivillaga de Carpio, Mrs. Karen Fischer and Messrs. Jorge and Rodrigo Carpio Arrivilaga, Abraham Méndez García and his wife and children, and Rodrigo and Daniela Carpio Fischer, should they return to Guatemala. See below, contentious cases.
466. During 2006 the Commission presented periodic observations on reports by the State concerning these provisional measures. They were ordered on June 22, 1994, to protect the life and physical integrity of witnesses in the Colotenango case who are at risk as a result of the escape of several former civilian vigilantes.
467. On June 2, 2006, the Court warned the State that failure to act on the repeated requests for specific information about the implementation of these provisional measures could result in application of Article 65 of the American Convention.
Guatemalan Forensic Anthropology Foundation
468. On July 4, 2006, at the request of the Commission, the Court ordered provisional measures to protect the life and physical integrity of members of the Forensic Anthropology Foundation of Guatemala and the family of its Executive Secretary, Mr. Fredy Armando Peccerelli Monterroso. Later, the Commission presented comments on the information supplied by Guatemala.
469. The text of the above decision may be found at: <http://www.corteidh.or.cr/docs/medidas/antropo_se_02.doc>.
Helen Mack et al.
470. During 2006 the Commission commented periodically on reports by the State. The provisional measures were decreed on August 26, 2002, to protect the life and physical integrity of the family of Mrs. Myrna Mack Chang and members of the Myrna Mack Foundation, Mrs. Iduvina Hernández and Mr. Jorge Guillermo Lemus Alvarado and his family. See below, contentious cases.
"Plan de Sánchez" massacre (Community Studies and Psychosocial Action Team, "ECAP")
471. On October 15, 2006, the Center for Human Rights Legal Action requested the Court for provisional measures enjoining Guatemala to protect the life and physical integrity of members of the Community Studies and Psychosocial Action Team ("ECAP") who are supporting the process of reparations to victims and survivors of the Plan de Sánchez Massacre (see below, contentious cases). On November 25, 2006, the Court fully upheld the October 20, 2006, order by the President of the Court that granted the measures requested.
472. The text of the above mentioned decisions may be found at: <http://www. corteidh.or.cr/docs/medidas/plandesanchez_se_04.doc> and http://www.corteidh.or. cr/docs/medidas/plandesanchez_se_05.doc.
Raxcacó et al.
473. During 2006 the Commission continued periodically observing on the State's reports concerning these measures ordered on August 30, 2004, to preserve the life and physical integrity of Ronald Ernesto Raxcacó Reyes, Hugo Humberto Ruiz Fuentes, Bernardino Rodríguez Lara and Pablo Arturo Ruiz Almonger, who were condemned to death in Guatemala in proceedings that violated the Convention and whose cases are being heard in the Inter-American system.
474. On September 15, 2005, the Court decided the Raxcacó Reyes case (see below, contentious cases), ordering that the judicial decision rendered against him in Guatemala be set aside, that a new decision be rendered consistently with the provisions of the Convention, and that the State refrain from executing him. The Court consequently established that the State's obligations under the provisional measures concerning Mr. Raxcacó Reyes were thereby replaced by those established in its decision. Those measures, however, remain in effect with respect to the other three beneficiaries.
475. On April 20, 2006, the President of the Court rejected as inadmissible a request to expand the provisional measures in favor of Mr. Tirso Román Valenzuela Ávila submitted by the representatives of the beneficiaries of the provisional measures. The complete text of that order may be found at: <http://www.corteidh.or.cr/docs/medidas/Raxcaco_se_02.doc>.
476. On July 4, 2006, the President of the Court decided to lift the provisional measures ordered in favor of the beneficiary Hugo Humberto Ruiz Fuentes, who died after escaping from the high-security prison at Escuintla. The complete text of this ruling may be found at: <http://www.corteidh.or.cr/docs/medidas/Raxcaco_se_03.doc>.
477. On December 21, 2006, the President of the Court provided ex officio for the appointment of an expert to inspect the detention centers where two of the beneficiaries of these measures are being held and to report back no later than January 12, 2007.
478. During 2006 the Commission observed on these provisional measures granted on June 7, 2003, to protect the life and physical integrity of Mr. Lysias Fleury, a human rights defender who reported being arrested without a court order on June 24, 2002, detained and subsequently beaten by police and civilians. The Commission had already expressed its concern over the State's noncompliance with its obligation to report to the Court on the implementation of these measures.
López Álvarez et al.
479. During 2006 the Commission observed on these provisional measures granted, as of September 21, 2005, to protect the life and physical integrity of Mr. Alfredo López Álvarez, and Mrs. Teresa Reyes Reyes, and Mrs. Gregoria Florez Martínez, as well as the mother and daughters of the latter. The beneficiaries of these measures testified before the Court in the case of López Álvarez et al. at the hearing that took place on June 28, 2005. See below, contentious cases.
José Francisco Gallardo
480. During 2006 the Commission presented information and observations on the provisional measures ordered by the President of the Court on December 20, 2001, confirmed by the Court on February 18, 2002, to protect the life and physical integrity of General José Francisco Gallardo Rodríguez. On December 18, 2001, the IACHR filed with the Court a request explaining that the proper measure to guarantee the fundamental rights of General Gallardo, his family and members of Mexican society is to free the General, who, in fact, was in military custody in open defiance of reports from the IACHR and the United Nations establishing that his detention was arbitrary.
Noriega et al. (previously the Miguel Agustín Pro Juárez Human Rights
481. During 2006 the Commission presented information and observations on the provisional measures ordered by the Court on April 20, 2004, to protect the life and physical integrity of the attorneys Pilar Noriega García, Bárbara Zamora López and Leonel Rivero Rodríguez, and in behalf of Eusebio Ochoa López and Irene Alicia Plácido Evangelista, parents of Digna Ochoa y Plácido and the siblings Carmen, Jesús, Luz María, Eusebio, Guadalupe, Ismael, Elia, Estela, Roberto, Juan Carlos, Ignacio and Agustín, all of them surnamed Ochoa y Plácido, following the lifting of the provisional measures ordered on November 30, 2001, to protect members of the Miguel Agustín Pro Juárez Human Rights Center (PRODH). It bears remembering that those provisional measures were issued upon the violent death of Digna Ochoa y Plácido on October 19, 2001, in her office in Mexico City; next to her body it was found a message containing a specific threat against the members of PRODH because of their work defending human rights.
Mayagna (Sumo) Awas Tingni Community
482. During 2006 the Commission presented information and observations on the provisional measures granted to protect the Mayagna (Sumo) Awas Tingni Community (see below, contentious cases) on September 6, 2002. The measures sought to safeguard the exercise and enjoyment of property rights over lands belonging to the Awas Tingni Mayagna Community as well as their natural resources, and were specifically intended to prevent immediate and irreparable harm from activities of third parties who had settled in lands of the Community or were exploiting their natural resources, so long as there was no boundary determination, demarcation and issuance of final deeds as ordered by the Court in its decision of August 31, 2001.
483. During 2006 the Commission periodically observed on the State's reports concerning the protective measures granted by the Court at the request of the Commission in the Gómez Paquiyauri Case (see below, contentious cases) to protect the life and physical integrity of Ricardo Samuel Gómez Quispe, Marcelina Paquiyauri Illanes de Gómez, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri, Jacinta Peralta Allccarima, Ricardo Emilio, Carlos Pedro, and Marcelina Haydée, all surnamed Gómez Paquiyauri, as well as the child Nora Emely Gómez Peralta. In addition, the Court ordered the State to take without delay the necessary measures to protect the life and physical integrity of Mr. Ángel del Rosario Vásquez Chumo and his family.
484. On September 22, 2006, the Court ordered the State to maintain the measures decreed and reiterated the need for the beneficiaries to take part in the planning and implementation of those measures. The text of that decision may be found at: <http://www.corteidh.or.cr/docs/medidas/gomez_se_02.doc>.
Ramírez Hinostroza and Rivera Paz
485. During 2006 the Commission expressed observing on the measures ordered in this case since September 21, 2004, to protect the life and physical integrity of Mr. Luis Alberto Ramírez Hinostroza and his family, as well as his lawyer, Mr. Carlos Rivera Paz. Because Mr. Rivera Paz ceased to represent Mr. Ramírez Hinostroza, on July 4, 2006 the Court lifted the measures protecting the former.
m. Dominican Republic
Haitians and Dominicans of Haitian origin in the Dominican Republic
486. The Commission voiced concern over the lack of information and presented its periodic comments on the State's reports concerning the measures decreed in favor of the beneficiaries, all of them Haitians and Dominicans of Haitian origin within the jurisdiction of the Dominican Republic who run the risk of being collectively "expelled" or "deported." The Court granted the measures on August 18, 2000.
487. On February 2, 2006, the Court expanded the protective measures granted since August 18, 2000, and decided that the State should maintain whatever measures it had put in place and should take at once the necessary measures to effectively protect the life and physical integrity of Benito Tide Méndez, Antonio Sension, Janty Fils-Aime, William Medina Ferreras, Rafaelito Pérez Charles, Berson Gelim, the priest Pedro Ruquoy and Andrea Alezy and Solain Pie or Solain Pierre or Solange Pierre and her four children. The Court also ordered the State to ensure the proper conditions for Mrs. Pierre and her four children to return to the Dominican Republic; to assure that the protective measures decreed were planned and implemented with the involvement of the beneficiaries or their representatives, and to investigate the events that led to those measures being granted, maintained and expanded. The text of the order may be found at: <http://www.corteidh.or.cr/docs/medidas/haitianos_se_06.doc>.
n. Trinidad and Tobago
James et al.
488. During 2006 the Court advised the Commission that the State had failed to report on the implementation of the provisional measures decreed on May 27, 1998. Those measures have to do in part with the contentious case Hilaire, Constantine and Benjamin et al., see below.