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(Continuation)
C. Individual petitions and cases before the Inter-American Commission on Human Rights
1. Precautionary measures granted by the IACHR during 2007
9. The mechanism for precautionary measures is established in Article 25 of the Rules of Procedure of the IACHR. This provision states that in serious and urgent cases, and wherever necessary according to the information available, the Commission may, on its own initiative or at the request of a party, request that the State concerned adopt precautionary measures to prevent irreparable harm to persons. If the Commission is not in session, the President, or, in his absence, one of the Vice-Presidents, shall consult with the other members, through the Executive Secretariat, on the application of this provision. If it is not possible to consult within a reasonable period of time under the circumstances, the President shall take the decision in favor of the Commission and shall so inform its members immediately. In accordance with the procedure established, the IACHR may request information from the interested parties related to any aspect of the adoption and observance of the precautionary measures. In any event, the granting of such measures and their adoption by the State shall not constitute on the part of the IACHR a prejudgment in the eventuality of a decision on the merits of the case.
10. Below is a summary of the precautionary measures granted or issued during 2007 in relation to member states. It should be noted that the number of precautionary measures granted does not reflect the number of persons protected by their adoption; as can be seen below, many of the precautionary measures issued by the IACHR protect more than one person and, in certain cases, groups of persons such as communities or indigenous peoples.
Barbados
Tyrone Da Costa Cadogan
11. On January 23, 2007, the IACHR granted precautionary measures in favor of Mr. Tyrone Da Costa Cadogan, who is deprived of liberty awaiting enforcement of the death penalty in a detention center in Barbados. The precautionary measures were issued in the context of a petition on the alleged violation of the right enshrined in Article 8 of the American Convention, which is before the Commission for its consideration. The petition alleges, inter alia, flaws in the legal representation of the alleged victim, a refusal to afford him access to psychiatric care, and other violations pertaining to due process. In the context of the precautionary measures, the Commission asked the State of Barbados to adopt the measures necessary to preserve Mr. Da Costa Cadogan’s life and physical integrity, so as to ensure there be no impediment to the processing of his petition before the inter-American system. The Commission continues to monitor the situation of the beneficiary.
Bolivia
Elizabeth Aida Ochoa Mamani
12. On April 24, 2007, the IACHR granted precautionary measures in favor of Ms. Elizabeth Ochoa Mamani, a Peruvian citizen living in Bolivia as a refugee. The request for precautionary measures was presented within a petition, which alleged, inter alia, the violation of the rights enshrined in Articles 8(2) and 22(7) of the American Convention. The available information indicates that on October 25, 2006, the Bolivian Supreme Court of Justice issued a detention order for the purpose of extraditing the beneficiary, despite the National Commission on Refugees’ (CONARE) having recognized her status as a refugee as of November 30, 1994. In light of the situation, the Commission requested that the Bolivian State adopt the measures necessary to render null the detention order for extradition until such time the merits of the petition linked to the precautionary measures request should be definitively resolved by the organs of the Inter-American Human Rights System. The Commission noted that on October 17, 2007, the Supreme Court of Justice nullified the detention order against the beneficiary and also rejected the extradition request against her, and the precautionary measures were thus deactivated.
Brazil
Adolescents in the Public Prison of Guarujá
13. On October 26, 2007, the IACHR granted precautionary measures in favor of the adolescents confined in the provisional detention center of Guarujá (“Public Prison of Guarujá”) in the state of São Paulo. According to the available information, that detention center is for holding adults; nonetheless, adolescents were being held there. In addition, they were overcrowded and held in cells in poor conditions. It was also indicated that the adolescents could not leave the cells to eat or to attend to their physiological needs, and that they had no access to education. In September 2007, the State reported that repairs had concluded at the “Vicente de Carvalho” prison, to which all of the persons held at the provisional detention center of Guarujá would be transferred. In addition, the IACHR was informed that at the Guarujá facility, overcrowding, unsanitary conditions, and insecurity for the adolescents in custody persisted. The Commission was also informed that there had not yet been a final decision on judicial remedies pursued by the Public Ministry in 2002 and 2003 seeking an improvement in the conditions of detention of the persons held at that center. The Commission recommended to the Brazilian State that it adopt the measures necessary to guarantee the life and personal integrity of the adolescents held at the provisional detention center of Guarujá; promptly transfer the beneficiaries to a detention center for adolescents; provide them with immediate medical and psychological care; and prohibit the entry of adolescents to that detention center. The Commission continues to monitor the situation of the beneficiaries.
Colombia
X
14. On May 2, 2007, the IACHR granted precautionary measures in favor of Ms. X, whose identity has been kept under seal at the request of the applicants. The information available indicates that the beneficiary received several death threats by telephone after denouncing that she had been raped by members of the Colombian Army. In view of the information, the Commission asked the Colombian State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiary, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the situation of the beneficiary.
Corporación Jurídica Libertad
15. On June 14, 2007, the IACHR granted precautionary measures in favor of the members of the Corporación Jurídica Libertad (CJL), based in the city of Medellín. The information provided indicates that members of that organization had been targeted by death threats as a consequence of their activity in the defense of human rights. Allegedly, the beneficiaries were investigated by intelligence agencies of the State and the Office of the Attorney General had issued arrest warrants for some of its members based on information manipulated by those agencies and by members of the armed forces. The Commission asked that the Colombian State adopt the measures necessary to ensure the life and physical integrity of the beneficiaries, and that it report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
John Fredy Posso Moreno
16. On July 6, 2007, the IACHR granted precautionary measures in favor of Mr. John Fredy Posso Moreno, a former worker of the Comité de Derechos Humanos (Human Rights Committee) of the city of Tulúa, and his family. The information provided indicates that an illegal armed group known as “AUC Águilas Negras” had declared Mr. Posso Moreno to be a military objective after he denounced the participation of paramilitaries in crimes that occurred in the city of Tulúa. It is also indicated that Mr. Posso Moreno has received death threats because of his activities as a human rights defender, and that his wife, Ms. Cecilia Bohórquez Santiago, has been kidnapped, persecuted, and threatened. The Commission asked the Colombian State to adopt the measures necessary to guarantee the life and physical integrity of Mr. Posso Moreno and his family, and to report on the actions adopted to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.
Leaders of the COPDICONC
17. On July 24, 2007, the IACHR granted precautionary measures in favor of José Emery Álvarez Patiño, Marlene Cisneros, José Gildardo Ortega, José Arcos, Alfredo Quiñones, Arcediano Pialejo Micolta, Claudio Esterilla Montaño, Gonzalo Caicedo Esterilla, José Rogelio Montaño, Maritza Caicedo Ordoñez, Marianita Montilla Cobo, Fanny Caicedo, and José Pablo Estrada Perlaza, all of them leaders of the Council of Black Communities of the Western Cordillera of Nariño (COPDICONC: Concejo de Comunidades Negras de la Cordillera Occidental de Nariño). The information available indicates that residents of six communities in the department of Nariño, and particularly the leaders of COPDICONC, have been victims of acts of harassment, death threats, and detentions (retenciones) by illegal armed groups and government forces. It is also alleged that the leaders of COPDICONC are generally subject to hostile acts by members of both paramilitary and guerrilla groups, who accuse them of cooperating with the opposing force. The Commission asked the Colombian State to adopt the measures necessary to protect the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.
Rigoberto Jiménez and members of the Corporación Jurídica Yira Castro
18.
On August 21, 2007,
the IACHR granted precautionary measures in favor of Rigoberto Jiménez,
president of the National Coordinating Body of Displaced (CND:
Coordinación Nacional de Desplazados), and of the members of the
Corporación Jurídica Yira Castro, which provides legal assistance to
victims of forced displacement in Colombia. The information available
indicates that the beneficiaries have been the target of threats and
harassment because of their work as human rights defenders. It is
indicated that in July 2007, the CND received an email signed by an
illegal armed group calling itself “AUC Águilas Negras de Bosa” that
declared the beneficiaries to be an immediate military objective. It is
also indicated that on June 22, 2007, unknown persons invaded the
headquarters of the Corporación Jurídica Yira Castro, located in the
city of Bogotá, and confiscated equipment and documents used in judicial
proceedings in which the organization represents victims of forced
displacement. The IACHR asked the Colombian State to adopt the measures
necessary to guarantee the life and physical integrity of the
beneficiaries and to report on the actions taken to judicial clarify the
facts that are the subject of the precautionary measures. The Commission
continues to monitor the situation of the beneficiaries.
Carlos Mario Gómez Gómez
19. On November 19, 2007, the IACHR granted precautionary measures in favor of Mr. Carlos Mario Gómez Gómez, who is deprived of liberty and in the custody of the State. The information available indicates that Mr. Gómez Gómez was threatened by police agents and that on October 13, 2007, he suffered an attack by firearm in the Bellavista penitentiary, and was seriously injured. It is indicated that on November 1, 2007, the beneficiary was transferred to the Itagüí detention center, where the person allegedly responsible for the attack against him is serving a prison sentence. It is also alleged that despite the injuries suffered by the beneficiary, he was being kept on the floor of a prison cell without the proper sanitary conditions, posing a grave risk to his health. The Commission asked the Colombian State to adopt the measures necessary to guarantee Mr. Gómez Gómez’s life and physical integrity, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the situation of the beneficiary.
Cuba
Francisco Pastor Chaviano González
20. On February 28, 2007, the IACHR granted precautionary measures in favor of Mr. Francisco Pastor Chaviano González, the former president of the Consejo Nacional por los Derechos Civiles (National Council for Civil Rights) who was detained as of May 1994 on charges of revealing secrets pertaining to state security. In December 2002, the IACHR had already granted precautionary measures in favor of Mr. Chaviano González due to the conditions of his detention; on that occasion, the Commission asked the Cuban State to provide him with specialized medical care and, if necessary, to transfer him to a hospital. The information available indicates that Mr. Chaviano González had been held in a punishment cell for several months, even though he suffered serious illnesses such as a pulmonary tumor, duodenal ulcer, arthritis, arterial obstruction, and ischemic alterations, which are said to have deteriorated due to the conditions of detention and mistreatment at the hands of prison guards. The Commission asked the Cuban State to adopt the measures necessary to guarantee the beneficiary’s life and physical integrity, especially to instruct the competent authorities to evaluate his health conditions and to provide him with adequate medical treatment. On July 20, 2007, during its 129th regular period of sessions, the IACHR held a public hearing on the situation of persons deprived of liberty in Cuba, in which it received information on the beneficiary’s health situation and conditions of detention. The Commission has learned that on August 10, 2007, Mr. Pastor Chaviano was released by the Cuban authorities.
Ecuador
Five members of a family and members of a human rights organization in Ecuador
21. On February 28, 2007, the IACHR granted precautionary measures in favor of five members of a family that resides along the Ecuadoran border with Colombia and the members of a human rights organization active in the same region. The persons who requested the precautionary measures asked that the identity of the persons protected be kept under seal. The information available alleges that members of that organization are subject to constant threats and persecution due to their activities to defend and promote human rights; that the children of the person who founded the organization have been victims of an attempted kidnapping; and that since late 2006 his wife and two siblings have received threats. The Commission asked the Ecuadorian State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. In addition, the Commission asked the Ecuadorian State for information on the situation of risk of another three persons. On July 19, 2007, during its 128th regular period of sessions, the IACHR held a working meeting with the members and the State regarding implementation of the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Guatemala
Carlos Albacete Rosales and Piedad Espinosa Albacete
22. On January 22, 2007, the IACHR issued precautionary measures in favor of Carlos Albacete Rosales and Piedad Espinosa Albacete, co-directors of the environmentalist organization Trópico Verde, devoted to defending the Maya Biosphere Reserve in the Petén region, in northern Guatemala. The information available indicates that on September 12, 2006, the beneficiaries’ house was machine-gunned and that since late 2006 they have been subjected to persecution and threats. It is also indicated that after a series of threats, the office of Trópico Verde in the Petén region was forced to close, so that it could reopen in a safer place. On January 10, 2007, four uniformed persons were said to have shot at the beneficiaries when they were traveling in a taxi from the La Aurora National Airport. Finally, it is indicated that Carlos Albacete and Piedad Espinosa had to leave the country due to the threats and attacks directed against them, and that they would attempt to return to Guatemala to resume their activities in defense of the environment. The Commission asked the Guatemalan State to adopt the measures necessary to protect the life and personal integrity of the beneficiaries from the moment they return to Guatemala and to investigate the facts gave rise to the precautionary measures, so as to identify the persons responsible and impose the respective sanctions on them. On February 28, 2007, the IACHR decided to expand the precautionary measures to include Ms. Rut Delmira Catalán Rangel, who was said to have been the target of threats and harassment because of her work with the organization Trópico Verde. The Commission continues to monitor the beneficiaries’ situation.
José Carlos Marroquín and his family
23. On January 29, 2007, the IACHR granted precautionary measures in favor of Mr. José Carlos Marroquín Pérez, his wife, and two daughters. The information available indicates that Mr. José Carlos Marroquín has been the target of a series of threats and attacks and that on November 18, 2006, unknown persons launched bombs and shot firearms at his home. Those attacks were said to have been aimed at pressuring Mr. Marroquín Pérez to renounce his affiliation with a Guatemalan political party. In weighing the request for precautionary measures, the IACHR received information according to which as of early 2007 Guatemala had a context marked by violence and attacks directed against politicians in connection with campaigning in the run-up to the September 2007 elections. The Commission asked the Guatemalan State to adopt the measures needed to guarantee the life and physical integrity of the beneficiaries and to report on the actions taken to investigate judicially the facts gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Marvin Roberto Contreras Natareno
24. On March 9, 2007, the IACHR granted precautionary measures in favor of Mr. Marvin Contreras Natareno, who was deprived of liberty at the Centro Preventivo para Hombres in Zone 18 of Guatemala City. The information available indicates that Mr. Contreras Natareno was being held in pre-trial detention in the framework of a criminal indictment involved the assassination of three Salvadoran members of the Central American Parliament (PARLACEN, Parlamento Centroamericano), and the driver who was with them. On February 25, 2007, four others accused of participating in that assassination were executed while being held in pre-trial detention at the “El Boquerón” high-security prison in Guatemala. The Commission asked the Guatemalan State to adopt the measures necessary to ensure the life and physical integrity of the beneficiary and to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiary’s situation.
Félix Andrés Mendoza Monterroso and family
25. On March 23, 2007, the IACHR granted precautionary measures in favor of Mr. Félix Andrés Mendoza Monterroso and his family. Mr. Mendoza Monterroso is a member of the National Civilian Police (PNC: Policía Nacional Civil), a witness to the criminal conduct engaged in by agents of that police agency. The information available indicates that in March 2006 his brother, Mr. José Alfredo Mendoza Monterroso, was said to have been tortured for the purpose of getting him to withdraw a complaint he had lodged with the Office of the Ombudsperson for Human Rights (Procuraduría de los Derechos Humanos); that the brothers Mendoza Monterroso were in hiding out of security considerations; that their family members have been threatened; and that in October 2006 Ms. Maria Elena Navas, the wife of José Alfredo Mendoza Monterroso, had been kidnapped and received death threats. The Commission asked the Guatemalan State to adopt the measures necessary for guaranteeing the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Daniel Joseph Vogt et al.
26. On March 30, 2007, the IACHR granted precautionary measures in favor of Messrs. Daniel Joseph Vogt, Arnoldo Yat Coc, and Juan Antonio Chen Dubon, human rights defenders. The Commission’s decision is based on information according to which then beneficiaries have been subjected to threats and intimidation for defending the rights of the Maya Q’eqchi communities in the municipality of El Estor and offering them legal counsel in the dispute over property rights over land claimed by a local mining company. In addition, the IACHR was informed that on February 13, 2007, an unknown person was said to have broken into the Sagrado Corazón de Jesús church in Puerto Barrios, where the beneficiary Vogt is the priest, and to have stolen personal items used in their activities as human rights defenders. The Commission asked the Guatemalan State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on the actions adopted to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.
Members of the Instituto de Estudios Comparados en Ciencias Penales of Guatemala
27. On June 8, 2007, the IACHR granted precautionary measures in favor of the members of the Instituto de Estudios Comparados en Ciencias Penales (ICCPG). The information available indicates that the beneficiaries have received death threats, and that despite the requests for protection made to the State authorities, they have not been granted adequate protection. It is indicated that one researcher of the Instituto was kidnapped on April 12, 2007, in Guatemala City, and released along a highway to Chimaltenango after being beaten and warned that the ICCPG should stop lodging complaints. At the same time, the IACHR considered this matter mindful of the increase in threats to and attacks on human rights defenders in Guatemala since early 2007. The Commission asked the Guatemalan State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Project Counseling Service – Regional Office
28. On June 14, 2007, the IACHR granted precautionary measures in favor of Samantha Sams, Gabriela Ispanel, Jorge Campos, Florinda Yax, Vivian Cordón, Evy Meléndez, Flor de María Salvador, Christina Laur, Cristal Barrientos, Dinova López, Tania Palencia, Katrina Monterroso, Miriam Chávez, and Mercedes Vicente, all members of the Project Counseling Service (PCS), known in Spanish as Consejería de Proyectos, Guatemala Regional Office. The information available indicates that on May 7, 2007, one of the members of PCS was said to have been kidnapped, assaulted, and threatened before being released. At the same time, the IACHR considered this matter mindful of the increase in threats and attacks directed against human rights defenders in Guatemala as of early 2007. The Commission asked the Guatemalan State to adopt the measures necessary to ensure the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that give rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Eduardo Rafael Vital Peralta et al.
29. On June 18, 2007, the IACHR granted precautionary measures in favor of Messrs. Eduardo Rafael Vital Peralta, Jorge Emilio Minera Morales, René Arturo Xicará Choloján, and Erick Javier Aguilar Alvarado, all leaders of the Centro Universitario de Occidente (CUNOC) of the Universidad de San Carlos, and their family members. The information available indicates that as of late March 2007 members of the organization Grupo de Responsabilidad de Todos (RETO) and their family members have been victims of acts of aggression and threats. Such incidents are said to be in retaliation for the initiative of the CUNOC Directing Council, made up of several members of RETO, that involved combating the illegal collection of monies from merchants established in the vicinity of the Universidad de San Carlos, traditionally done by students and former students of the university during Holy Week to cover the costs of their academic activities. It is noted that after the threats to the members of RETO and their family members were disclosed, Guatemala’s National Civilian Police provided individual protection to Mr. Eduardo Rafael Vital, a measure that is said to have has proven insufficient. The Commission asked the Guatemalan State to adopt the measures necessary to ensure the life and physical integrity of the beneficiaries, and to report on the actions adopted to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor on the beneficiaries’ situation.
Juana Méndez Rodríguez et al.
30. On June 25, 2007, the IACHR granted precautionary measures in favor of Ms. Juana Méndez Rodríguez, her husband Mónico Reyes, and their children Antonio, Santos Anibal, Amelia Yolanda, Justiniano Froylan, Rodolfo Otoniel, Silvino Rolando, Elmer Rubén, Melvin Marino, María Telma, and Brenda Floridalma, all with the last names Reyes Méndez, as well as PNC agent Lázaro Dubón Cano and his family. The Commission’s decision was based on information according to which the beneficiaries received threats after Ms. Méndez Rodríguez filed a complaint alleging sexual abuse by agents of the National Civilian Police (PNC), some of whom were convicted. It is indicated that on April 23, 2007, the attorney who provides judicial assistance to Juana Méndez in the criminal proceeding was intercepted, assaulted, and threatened by hooded men. Agent Dubón Cano is a key witness in the criminal and disciplinary proceedings pending against members of the PNC with respect to the rape of Ms. Méndez Rodríguez. The Commission asked the Guatemalan State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Trade unionists at the Empresa Portuaria Quetzal
31. On August 31, 2007, the IACHR granted precautionary measures in favor of Messrs. Lázaro Noe Reys Matta, Eulogio Obispo Monzón Mérida, Arturo Granados Hernández, Miguel Antonio Madrid Hernández, Max Alberto Estrada Linares, and Oscar Giovanni González Dorado, all members of the Sindicato de Trabajadores de la Empresa Portuaria Quetzal (STEPQ, Trade Union of Workers of the Empresa Portuaria Quetzal). The information available indicates that as of January 2007 members of the board of the STEPQ have been subject to intimidation and threats by unknown persons. In January 2007 the then-secretary general of the union, Pedro Zamora Álvarez, was assassinated when taken to his residence accompanied by his children, one of whom suffered a serious injury. It is indicated that the next day the beneficiaries received several phone threats, and that in February 2007 Lázaro Noe Reyes and Eulogio Obispo were intimidated by hooded persons who circulate in a vehicle with polarized glass, and with no rear tags. It was also indicated that in July 2007, one witness to the death of Mr. Zamora Álvarez was assassinated while the STEPQ was taking steps for the witness to be able to give testimony without fearing retaliatory acts. The Commission asked the Guatemalan State to take the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
María Juárez
32. On October 26, 2007, the IACHR ordered precautionary measures in favor of Maria Juarez, a functionary of the Survivors Foundation, which is dedicated to bringing juridical and psychological assistance to women victims of violence in Guatemala. The available information indicates that the beneficiary received threats and harassment due to her activities with the Survivors Foundation. The information indicates that such threats occurred more frequently after the organization began investigating the disappearance of children in Chiquimula Department and in the Capital. The applicants alleged that the Public Ministry had not responded to complaints regarding the threats. The Commission requested that the State of Guatemala adopt the measures necessary to guarantee the life and physical integrity of Maria Juarez and report on the measures adopted with the goal of judicially clarifying the facts that justified the adoption of precautionary measures. The Commission continues to follow the beneficiary’s situation.
26 children in the process of being adopted
33. On November 21, 2007, the IACHR granted precautionary measures in favor of 26 children in the process of being adopted in Guatemala. The information available indicates that the beneficiaries, all under six months of age, are undergoing the international adoption procedure. The persons requesting the measures allege that the adoption procedures are irregular, and that the children are being housed in private homes without judicial authorization and in violation of the law. It is also indicated that there is no information on the conditions in which the children were separated from their biological parents, and that adoption procedures are being carried out through civil-law notary proceedings without the supervision of the competent authorities. The Commission asked the Guatemalan State to define the conditions and the place were the beneficiaries could be found, and to report on their legal and family status, and on the measures it would be taking to protect them. The Commission continues to monitor the beneficiaries’ situation.
Haiti
Marc-Arthur Mésidort and family
34. On January 25, 2007, the IACHR granted precautionary measures in favor of Marc-Arthur Mésidort, president of the Groupe d`Action pour la Défense des Droits Humains (GADH) and members of his family. The information available indicates that the beneficiary has been the target of threats and harassment since January 2005, and that he is impeded from lodging a complaint due to the fact that persons associated with the assailants are said to have influence among the local police and judicial authorities. It is indicated that Mr. Mésidort’s wife and children took to sleeping away from his residence due to the threats. The Commission asked the Haitian State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Honduras
Marcos Bonifacio Castillo, member of the Garifuna Community of Punta Piedras
35. On August 20, 2007 the IACHR granted precautionary in favor of Marcos Bonifacio Castillo, a member of the Garifuna community of Punta Piedras. The information available indicates that members of that community have been subjected to threats and attacks by inhabitants of the community of Río Miel, and that on June 11, 2007, Mr. Félix Ordóñez Suazo was assassinated. The beneficiary was said to have been an eyewitness to that homicide, for which he was said to have received death threats. It is noted that the attacks on members of the Garifuna community of Punta Piedras were reported to the local authorities, who are said not to have intervened to forestall new confrontations. The Commission asked the Honduran State to take the measures needed to guarantee the life and physical integrity of the beneficiary, and to report on the actions taken to investigate judicially the assassination of Mr. Ordóñez Suazo and the death threats received by Mr. Marcos Bonifacio Castillo. The Commission continues to monitor the beneficiary’s situation.
Héctor Geovanny García Castellanos and Martín Omar Ramírez
36. On November 1, 2007, the IACHR granted precautionary measures in favor of journalists Héctor Geovanny García Castellanos and Martín Omar Ramírez. The information available indicates that in September 2007, Mr. García Castellanos was the victim of an attack by firearm when traveling in the city of Tegucigalpa in his car, and that Mr. Ramírez received death threats as of September 2007. In both cases, it is indicated that the threats and acts of violence are related to the exercise of journalism. The Commission asked that the Honduran State adopt the measures needed to guarantee the life and physical integrity of the beneficiaries, and report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Mexico
Workers of Radio Calenda
37.
On February 16,
2007, the IACHR granted precautionary measures to Esteban Abel Sánchez
Campos, Emilio Santiago Ambrosio, Darío Roberto Campos Martínez, Carlos
Bourget Aguilar, and Marta Elia Aguilar García, all workers with Radio
Calenda in Oaxaca. The information available indicates that the
beneficiaries have been threatened and attacked by the local mayor (presidente
del municipio) where this radio station operates, and persons close
to him. On November 26, 2006, Mr. Campos Martínez was said to have been
kidnapped as he walked along a street of Oaxaca, and held in a vehicle
for approximately one hour; he is said to have been assaulted and
intimidated to get Radio Calenda to stop putting out information
unfavorable to the mayor. It was indicated that on January 24, 2007,
the mayor shot twice, with a firearm, at reporter Sánchez Campos, who
was close to the city hall (Palacio Municipal) and was not hit. The same
say, an associate of the mayor had thrown a stone at Mr. Santiago
Ambrosio, who suffered an eye injury. In view of the situation, the
Commission asked the Mexican State to adopt the measures necessary to
guarantee the life and physical integrity of the beneficiaries, and to
report on the actions taken to investigate judicially the facts that
gave rise to the precautionary measures. The Commission continues to
monitor the beneficiaries’ situation.
Castulo Benavides and other members of the FLOC
38. On April 19, 2007, the IACHR issued precautionary measures in favor of Messrs. Castulo Benavides Rodríguez, Baldemar Velásquez, Ken Barrer, and Davis Castillo Nuñez, all members of the Foro Laboral Obrero Campesino (FLOC) in Monterrey. The information available indicates that since May 2005, the beneficiaries have been subject to harassment because of their work as defenders of the rights of migrant workers. It is also indicated that in September 2006, the offices of the FLOC were broken into; documents and lists of affiliated workers were taken. On April 9, 2007, the corpse of the coordinator of the offices, Mr. Santiago Rafael Cruz, was found with his hands and feet bound, and with signs of torture. The Commission asked the Mexican State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, to adopt security measures at the offices of the FLOC, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Francisco Velasco Hernández
39. On July 11, 2007, the IACHR issued precautionary measures in favor of Francisco Velasco Hernández in Mexico. The information available indicates that on January 13, 2007, agents of the judicial police (Policía Ministerial) of the state of Oaxaca detained Francisco Velasco in the city of Oaxaca, tortured him, and after taking him to the offices of the Office of the Attorney General for the state of Oaxaca tried to make him confess to stealing a car. It is indicated that on January 23, 2007, the beneficiary filed a criminal complaint and a complaint before the State Human Rights Commission of Oaxaca against four police agents regarding the assaults mentioned above. It is also alleged that since February 2007 the beneficiary has received a series of threats from the police officers who are said to have attacked him, and from other agents of the judicial police of Oaxaca to get him to back down from the complaint filed. The Commission asked the Mexican State to adopt the measures needed to guarantee the life and physical integrity of the beneficiary, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiary’s situation.
Alejandro Noyola et al.
40. On July 26, 2007, the IACHR issued precautionary measures in favor of Alejandro Noyola, Jesús Manuel Grijalva Mejía, Alba Gabriela Cruz Ramos, Alma Delia Gómez Soto, César Grijalva, Flora Gutiérrez, and Jesús Alfredo López García, all attorneys members of the Comité de Liberación 25 de Noviembre, devoted to providing psychological care for and legal assistance to members of the Movimiento Popular of Oaxaca detained in November 2006. The information available indicates that the beneficiaries have been subject to attacks, threats, and harassment because of their work in that organization. It is indicated that from December 2006 to July 2007, the beneficiaries and some of their family members received threats by telephone and were victims of persecution and assaults promoted by private persons and members of the police of the state of Oaxaca. The most serious attacks were said to have taken place on July 16, 2006, in the context of the traditional festivity known as the “Guelaguetza Popular” in the city of Oaxaca. The Commission asked the Mexican State to adopt the measures needed to guarantee the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Ms. X et al.
41. On September 4, 2007, the IACHR granted precautionary measures in favor of Ms. X, her husband and her children in the State of Guerrero, Mexico. The applicants of the measures indicated that on March 22, 2002, Ms. X was raped, allegedly by members of the Mexican Army, allegations which are currently under consideration by the Inter-American Commission via a petition connected with the precautionary measures. The petition indicates that the beneficiaries have been victims of aggression, threats and stalking after reporting the rape of Ms. X. Additionally, the petition alleges that on August 8, 2007, the beneficiaries requested personal protection from the General Justice Prosecutor’s Office but did not receive a response. In view of above, the Commission requested that the Mexican State adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and report on the actions adopted with the goal of judicially clarifying the facts that justified the adoption of precautionary measures. The Commission continues to follow the beneficiaries’ situation.
Nicaragua
Nubia Geoconda Artola Delgadillo et al.
42. On August 31, 2007, the IACHR granted precautionary measures in favor of Nubia Geoconda, Amparo del Socorro, Wilberto Antonio, Ludys Cruz, William, and Raúl Terencio, all with the last names Artola Delgadillo; Juan Ramón Artola; Victor Manuel and Santos Zeledonio, both with the last names Artola Amador; Sheyla Carolina Artola Aguilar; and Enrique Alexander Artola Artola. The information available indicates that brothers Raúl Terencio Artola Delgadillo and William Artola Delgadillo were tortured by volunteer police after being detained and accused of the crime of cattle-rustling in the municipality of Nueva Guinea. On March 20, 2007, the mother of the accused, Ms. Villanueva Delgadillo Obando, was assassinated by two persons who were hooded and dressed in military uniform as she was headed to the court of Nueva Guinea to attend an oral hearing in the criminal proceeding against the police officers mentioned above. On August 6, 2007, Ms. Delgadillo Obando’s husband, Mr. Gilberto Artola, was executed by hooded and uniformed persons who immediately thereafter, according to the information received, raped his daughter and granddaughter, Amparo del Socorro Artola Delgadillo and Sheyla Carolina Artola Aguilar. It is indicated that in August 2007, members of the family were subjected to harassment, and that after reporting these incidents were threatened by police agents to get them to abandon their home. In view of the information, the Commission asked the Nicaraguan State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on the actions taken to judicially clarify the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Peru
Indigenous peoples of Mashco Piro, Yora, and Amahuaca in voluntary isolation
43. On March 22, 2007, the IACHR granted precautionary measures in favor of the indigenous peoples of Mashco Piro, Yora, and Amahuaca, living in voluntary isolation, who live in the area of the Las Piedras river, department of Madre de Dios, in Peru. Already in 2006 the Commission had requested information of the Peruvian State with respect to the situation of those indigenous communities, in particular on the implementation of measures to guarantee their life and personal integrity, and to halt illegal logging in their territory. At the same time, the IACHR was informed that illegal logging has continued in territory legally protected and designated to those communities in the department of Madre de Dios, exposing them to the risk of extinction. In view of the situation, the Commission asked the Peruvian State to adopt all measures necessary to guarantee the life and personal integrity of the members of the Mashco Piro, Yora, and Amahuaca indigenous peoples in voluntary isolation, especially the adoption of measures aimed at preventing irreparable harm resulting from the activities of third persons in their territory. On October 12, 2007, during its 130th regular period of sessions, the IACHR held a public hearing in which it received information from the State and the representatives of the beneficiaries on the implementation of the precautionary measures issued. The Commission continues to monitor the beneficiaries’ situation.
Marco Arana, Mirtha Vásquez, et al.
44. On April 23, 2007, the Commission granted precautionary measures in favor of priest Marco Arana and attorney Mirtha Vásquez and other members of the organization “Group of Integral Education for Sustainable Development” (GRUFIDES: Grupo de Formación Integral para el Desarrollo Sostenible), an institution devoted to defense of the environment, training, and legal assistance for peasant communities around the city of Cajamarca. The information available indicates that the beneficiaries have been subjected to intimidation and threats by individuals who support mining in the region, and that some persons were assassinated in confrontations between the sectors that support mining and those who protest mining activities. The Commission asked the Peruvian State to adopt the measures necessary to guarantee the life and personal integrity of the beneficiaries, verify the effective implementation of the measures of protection by the competent authorities, provide perimeter surveillance for the headquarters of the NGO GRUFIDES, provide police accompaniment to the GRUFIDES personnel who must travel to the peasant communities, and report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Juan Fidel Zamudio Bocángel et al.
45. On May 30, 2007, the IACHR granted precautionary measures in favor of Juan Fidel Zamudio Bocángel, Sara Mercedes Sánchez Loarte, Giusella Inés Bocángel Gómez, and two minors in his family. The information available indicates that Mr. Zamudio Bocángel has survived an attack and constant acts of harassment and other threats since April 2006. It is also indicated that his family members have received threats since September 2006. The Commission asked the Peruvian State to adopt the measures needed to guarantee the life and personal integrity of the beneficiaries, to verify that the measures referred to are effectively implemented, and to report on the actions taken to investigate judicially the facts that gave rise to the adoption of precautionary measures. The Commission continues to monitor the beneficiaries’ situation.
Community of La Oroya
46. On August 31, 2007, the IACHR granted precautionary measures in favor of 65 residents of the city of La Oroya in Peru. The persons requesting precautionary measures asked that the identity of the beneficiaries be kept under seal. The information available indicates that the beneficiaries suffer from a series of health problems stemming from high levels of air, soil, and water pollution in the community of La Oroya, which are a result of metallic particles released by the complex of metallurgical companies established there. From that information it appears that the persons affected by the pollution do not have adequate medical care for diagnosis, treatment, and prevention. In December 2005 and November 2006, the Commission requested information from the State, inter alia: what measures were being adopted to protect the health of the population of La Oroya affected by the pollution, in particular in terms of adequate medical care and environmental controls at the smelting plants. In addition, the Commission received information according to which in May 2006, the Constitutional Court of Peru had decided an action alleging failure to act (acción de incumplimiento) against the Ministry of Health and the General Bureau for Environmental Health of Peru, requiring the design and implementation of a “public health emergency strategy” for the city of La Oroya within 30 days. The Commission asked the Peruvian State to adopt the appropriate measures for making a specialized medical diagnosis of the beneficiaries, provide specialized and adequate medical treatment for those persons whose diagnosis shows that they are at risk of facing irreparable harm to their personal integrity or life, and coordinate with the persons requesting the measures and the beneficiaries to ensure implementation of the precautionary measures. On March 8, 2006, during its 124th regular period of sessions, the Commission held a working meeting that included the participation of representatives of the State and the persons requesting the measures. The Commission continues to monitor the beneficiaries’ situation.
United States
Humberto Leal García
47. On January 30, 2007, the IACHR granted precautionary measures in favor of Mexican citizen Humberto Leal García, who was deprived of liberty in a detention center in the state of Texas, waiting for a date for be set for carrying out the death penalty. The precautionary measures were submitted in the context of a petition alleging violation of the rights enshrined in Articles I, XXV, XXVI, and XVIII of the American Declaration, which is being processed before the Commission. The petition alleges, inter alia, violations of due process, that Mr. Leal García was not informed of the right to consular assistance, and that he was subjected to inhuman conditions of detention. The petition also alleges that lethal injection is a method of execution that causes extreme and unnecessary suffering, and that the pardon procedure provided for in the state of Texas is incompatible with Article XXVI of the American Declaration. The Commission asked the United States to adopt the measures necessary to preserve the life and physical integrity of Mr. Leal García, so as not to impede the processing of his claim before the inter-American system. By a communication of March 29, 2007, the United States reported having transmitted the IACHR’s request to the Governor, Attorney General, and the Texas Pardon and Parole Board. The Commission continues to monitor the beneficiary’s situation.
Rubén Ramírez Cárdenas
48. On January 30, 2007, the IACHR granted precautionary measures in favor of Mexican citizen Rubén Ramírez Cárdenas, who is deprived of liberty at a detention center in the state of Texas, waiting for a date to be set for execution of the death penalty. The precautionary measures were submitted in the context of a petition alleging violation of the rights enshrined in Articles I, XXV, XXVI, and XVIII of the American Declaration, which is being processed before the Commission. The petition alleges, inter alia, violations of the right to due process, that Mr. Ramírez Cárdenas was not informed of the right to consular assistance, and that he was subjected to inhuman conditions of detention. The petition also alleges that the use of lethal injection as the method of execution causes extreme and unnecessary suffering, and that the pardon procedure provided for in the state of Texas is incompatible with Article XXVI of the American Declaration. The Commission asked the United States to adopt the measures necessary to protect the life and physical integrity of the beneficiary, so as not to impede the processing of his claim before the inter-American system. The Commission continues to monitor the beneficiary’s situation.
Frank Igwebuike Enwonwu
49. On March 28, 2007, the IACHR issued precautionary measures in favor of Nigerian citizen Frank Igwebuike Enwonwu, who is deprived of liberty at a detention center in the state of Massachusetts, awaiting execution of an order for deportation to the country of his nationality. That order was said to have been issued in December 2006 and appealed by the beneficiary. The information available indicates that Mr. Igwebuike Enwonwu’s due process guarantees were not protected, and that the execution of the deportation order could result in acts of torture to his detriment. In addition, it is alleged that there were flaws in the beneficiary’s legal representation. In view of these considerations, the Commission asked the United States to refrain from deporting Mr. Igwebuike Enwonwu until a motion for review filed by him has been decided upon, and to report to the Commission on the measures adopted in this regard. The Commission continues to monitor the beneficiary’s situation.
Heriberto Chi Aceituno
50. On September 28, 2007, the Commission granted precautionary measures in favor of Honduran citizen Heriberto Chi Aceituno, who is deprived of liberty at a detention center in the state of Texas, awaiting implementation of the death penalty. The request for precautionary measures was presented in the context of a petition on the alleged violation of the rights enshrined in Articles I, XXVI, and XVIII of the American Declaration, which is being processed before the Commission. The petition alleges, inter alia, violations of due process, in particular, that Mr. Chi Aceituno was not informed of the right to consular assistance throughout the proceeding that culminated in his being sentenced to death. The Commission asked the United States to adopt the measures necessary for preserving the life and physical integrity of the beneficiary, so as not to impede the processing of his claim before the inter-American system. The Commission has taken note that the execution of the death penalty, set for October 3, 2007, was suspended by a resolution of the Texas Court of Criminal Appeals, considering that another case raising the constitutionality of lethal injection is pending before the United States Supreme Court The Commission continues to monitor the beneficiary’s situation.
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