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ANNUAL REPORT OF THE IACHR 2007
Chapter III
Petitions and cases before the Inter-American Court of Human Rights
h. Haiti
Lysias Fleury
691. During 2007, the Commission observed on these provisional measures, which were 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 has previously expressed its concern over the State’s noncompliance with its obligation to report to the Court on the implementation of these measures. The text of the relevant orders can be seen at: http://www.corteidh.or.cr/docs/medidas/fleury_se_01.doc and http://www.corteidh.or.cr/docs/medidas/fleury_se_02.doc.
i. Honduras
López Álvarez et al.
692. During 2007, the Commission observed on the provisional measures granted, on September 21, 2005, to protect the lives and physical integrity of Mr. Alfredo López Álvarez, Mrs. Teresa Reyes Reyes, and Mrs. Gregoria Florez Martínez and her mother and daughters. The beneficiaries of these measures testified before the Court in the case of López Álvarez et al. at the hearing that began on June 28, 2005. See “Contentious Cases,” below, and the order set out at: http://www.corteidh.or.cr/docs/medidas/lopez_se_01.doc.
j. Mexico
José Francisco Gallardo
693. During the currency of these measures, which were ordered by the plenary of the Court on February 18, 2002, the Commission periodically submitted comments on the State’s reports concerning them.
694. On July 11, 2007, the Court resolved to lift the measures ordered on behalf of Mr. José Francisco Gallardo Rodríguez. The text of the order can be found at: http://www.corteidh.or.cr/docs/medidas/gallardo_se_04.doc.
Pilar Noriega et al. (previously Miguel Agustín Pro Juárez Human Rights Center et al.)
695. During 2007, the Commission submitted comments on these provisional measures, which were ordered by the Court on April 20, 2004, to protect the lives and physical integrity of the lawyers Pilar Noriega García, Bárbara Zamora López, and Leonel Rivero Rodríguez and on behalf of Eusebio Ochoa López and Irene Alicia Plácido Evangelista, the parents of Digna Ochoa y Plácido, and of Ochoa y Plácido’s siblings Carmen, Jesús, Luz María, Eusebio, Guadalupe, Ismael, Elia, Estela, Roberto, Juan Carlos, Ignacio, and Agustín, following the lifting of the provisional measures ordered on November 30, 2001, on behalf of the members of the Miguel Agustín Pro Juárez Human Rights Center (PRODH). It bears remembering that those provisional measures were issued following the violent death of Digna Ochoa y Plácido on October 19, 2001, in her office in Mexico City; next to her body was found a message containing a specific threat against the members of PRODH because of their work defending human rights.
696. On December 10, 2007, the President of the Court summoned the parties in this case to a public hearing on the implementation of the measures, to be held on February 5, 2008, at the Court’s headquarters.
k. Nicaragua
Mayagna (Sumo) Awas Tingni Community
697. The provisional measures adopted on behalf of the Mayagna (Sumo) Awas Tingni Community (see “Contentious Cases,” below) on September 6, 2002, were requested and granted in order to “protect the use and enjoyment of property of lands belonging to the Mayagna Awas Tingni Community, and of natural resources existing on those lands, specifically those measures geared toward avoiding immediate and irreparable damage resulting from activities of third parties who have established themselves inside the territory of the Community or who exploit the natural resources that exist within it, until the definitive delimitation, demarcation, and titling ordered by the Court are carried out,” in an order dated August 31, 2001.
698. During 2007, the Commission received no information about the State’s implementation of the measures. However, on November 26, 2007, the Court decided that the implementation of the provisional measures should be linked to its supervision of compliance with the judgment in the case and it resolved to lift the provisional measures ordered on behalf of the members of the Mayagna (Sumo) Awas Tingni community.
l. Peru
Gómez Paquiyauri
699. During 2007, the Commission periodically presented its observations on the State’s reports concerning the protective measures granted by the Court at the Commission’s request in the Gómez Paquiyauri Case (see “Contentious Cases,” below) to protect the lives and physical integrity of Messrs. Ricardo Samuel Gómez Quispe, Marcelina Paquiyauri Illanes de Gómez, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri, Jacinta Peralta Allccarima, and Ricardo Emilio, Carlos Pedro, and Marcelina Haydée Gómez Paquiyauri, together with the minor child Nora Emely Gómez Peralta. In addition, the Court ordered the State to take without delay the measures necessary to protect the lives and physical integrity of Mr. Ángel del Rosario Vásquez Chumo and his family.
700. On September 22, 2006, the Court adopted an order instructing the State to maintain the measures decreed and reiterating the need for the beneficiaries to take part in the planning and implementation of those measures. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/gomez_se_02.doc.
Ramírez Hinostroza and Rivera Paz
701. During 2007, the Commission continued to offer its comments on the measures ordered in this case on September 21, 2004, to protect the lives and physical integrity of Mr. Luis Alberto Ramírez Hinostroza and his family.
702. On May 17, 2007, the Court issued an order requiring the State to maintain the measures ordered and expanding the beneficiaries thereof to include Mr. Ramírez Hinostroza’s attorneys. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/Ramirez_se_02.pdf.
m. Dominican Republic
Haitians and Dominicans of Haitian origin in the Dominican Republic
703. During 2007, the Commission expressed its concern over the absence of information and submitted periodic observations on the State’s reports concerning the measures adopted on behalf of the beneficiaries, all of whom are Haitians and Dominicans of Haitian origin subject to the jurisdiction of the Dominican Republic who face the threat of collective “expulsion” or “deportation.” These measures were ordered by the Court on August 18, 2000.
704. On February 2, 2006, the Court expanded the protective measures first granted on August 18, 2000, and ordered that the State should maintain whatever measures it had put in place and should immediately take the steps necessary to effectively protect the lives and physical integrity of the beneficiaries. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/haitianos_se_06.doc.
n. Trinidad and Tobago
James et al.
705. During 2007, the Commission received no information regarding the State’s implementation of these provisional measures; similarly, in 2006, the Court advised the Commission that the State had failed to report on the implementation of the provisional measures originally decreed on May 27, 1998. These provisional measures are related in part to the contentious case involving Hilaire, Constantine, Benjamin et al.; see below.
o. Venezuela
Carlos Nieto Palma et al.
706. During 2007, the Commission presented information and comments relating to the provisional measures ordered in this matter. On July 9, 2004, at the Commission’s request, the Court granted provisional measures to protect the life, physical integrity, and freedom of expression and association of human rights defender Carlos Nieto Palma, General Coordinator of the NGO “A Window on Freedom” and to protect the lives and physical integrity of his family.
707. On July 3, 2007, the Court issued a new order resolving to repeat its instruction to the State to maintain such measures as it had adopted, to immediately order the steps necessary to effectively protect the life, physical integrity, and freedom of Carlos Nieto Palma and the life and physical integrity of Yvonne Palma Sánchez, and to lift the measures it had extended on behalf of Eva Teresa Nieto Palma and John Carmelo Laicono Nieto. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/nieto_se_03_.pdf.
Eloisa Barrios et al.
708. During 2007, the Commission presented information and comments relating to the provisional measures ordered in this matter. On November 23, 2004, at the Commission’s request, the Court granted provisional measures to protect the lives and physical integrity of Eloisa Barrios, Jorge Barrios, Rigoberto Barrios, Oscar Barrios, Inés Barrios, Pablo Solórzano, Beatriz Barrios, Caudy Barrios, Carolina García, and Juan Barrios, eyewitnesses and/or complainants in the investigations connected with the murder of Narciso Barrios, the perpetrators of which are alleged to be government agents. In 2005, while the provisional measures were in effect, Rigoberto Barrios was killed by nine gunshots.
El Nacional and Así es la Noticia
709.
During 2007, the Commission presented information and comments relating
to the provisional measures ordered in this matter. On July 6, 2004, at
the Commission’s request, the Court granted provisional measures to
protect the lives, physical integrity, and freedom of expression of the
employees of the media outlets El Nacional and Así es la
Noticia. In its final observations in 2006, the IACHR petitioned the
Court to order the State to include, in its next report, detailed
information on the specific measures taken to protect the lives and
physical integrity of the beneficiaries and the steps taken to continue
investigating the events that prompted the provisional measures.
Guerrero Galluci and Martínez Barrios
710. The Commission presented information and observations on the provisional measures in this case, which were ordered on July 4, 2006, at the Commission’s request, on behalf of Mrs. María del Rosario Guerrero Galluci and Mr. Adolfo Segundo Martínez Barrios. In its order, the Court instructed the State to immediately take the provisional measures necessary to protect the lives and physical integrity of Mrs. Guerrero Galluci and Mr. Martínez Barrios, to investigate the events that prompted the adoption of the protective measures, and to assure that the beneficiaries or their representatives were involved in planning and implementing those measures.
711. On November 29, 2007 the Court issued a new order in which it reiterated its instruction to the State to maintain the measures adopted and to immediately order those measures necessary to effectively protect the life, physical integrity, and freedom of Mrs. Guerrero Gallucci and lifted the measures ordered on behalf of Mr. Adolfo Segundo Martínez Barrios. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/guerrero_se_02.pdf.
Liliana Ortega et al.
712. During 2007, the Commission presented information and comments related to the provisional measures first ordered in 2002 on behalf of Liliana Ortega and other members of the NGO “Committee of Family Members of Victims of the Events of February-March 1989” (COFAVIC).
Luis Uzcátegui
713. During 2007, the Commission presented information and observations on the provisional measures ordered in favor of Mr. Luis Uzcátegui, a beneficiary of protective measures first ordered in November 2002.
Luisiana Ríos et al.
714. During 2007, the Commission presented information and observations on the provisional measures ordered in favor of Luisiana Ríos, Armando Amaya, Antonio José Monroy, Laura Castellanos, and Argenis Uribe, all employees of the television broadcaster Radio Caracas Televisión (RCTV); see “Contentious Cases,” below.
715. On July 3, 2007, the Inter-American Court issued an order rejecting two requests for provisional measures filed on May 26, June 4, and June 19, 2007, by the beneficiaries’ representatives. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/rios_se_09.doc.
Marta Colomina
716. During 2007, the Commission presented information and comments on the provisional measures ordered in favor of Marta Colomina and Liliana Velásquez. On July 4, 2006, the Inter-American Court issued an order in which it: resolved to lift the protective measures as regards Mrs. Liliana Velásquez; ruled that the State had failed in its obligation to provide the Court with specific and detailed reports on the measures it had ordered; reiterated the State’s obligation to adopt, without delay, such necessary measures to protect the life, physical integrity, and freedom of expression of Mrs. Marta Colomina; and ordered the State to continue involving the beneficiary in the planning and implementation of the protective measures and to keep it apprised of developments with the measures ordered.
The case of the “La Pica” Judicial Detention Center (Monagas)
717. During 2007, the Commission periodically presented the Court with comments on the Venezuelan State’s reports concerning these measures, which were ordered, at the Commission’s request, on February 9, 2006, to protect the lives and physical integrity of the inmates of the “La Pica” Judicial Detention Center in Monagas.
718. The Court’s most recent order is dated July 3, 2007, and may be consulted at: http://www.corteidh.or.cr/docs/medidas/lapica_se_03.pdf.
Globovisión television
719. During 2007, the Commission presented information and comments on the provisional measures in this matter, which were ordered by the Court on September 4, 2004, at the Commission’s request, to safeguard and protect the lives, physical integrity, and freedom of expression of the reporters, managers, and employees of Globovisión, as well as other persons found on the premises of that media outlet or directly connected with its reporting work.
720. On November 21, 2007, the Inter-American Court issued an order rejecting an extension request filed by the beneficiaries’ representatives that would have extended the measures to matters not originally protected. The text of that order may be found at: http://www.corteidh.or.cr/docs/medidas/globovision_se_02.doc.
Penitentiary Center of the West-Central Region (Uribana Prison)
721. On February 1, 2007 the Commission filed a request for provisional measures with the Court in order that Venezuela protect the life and personal integrity of the persons deprived of liberty at the Penitentiary Center of the West-Central Region, known as “Uribana”, as well as all the people entering into such center, including relatives and other visitors.
722. On February 2, 2007, the Court issued a resolution by means of which ordered the State to adopt forthwith and definitively all such provisional measures as are necessary and effective to prevent the loss of lives and the harm to the physical, mental and moral integrity of all persons deprived of liberty in the Uribana Prison, of all persons who might be kept in prison in such penitentiary center in the future, of the people working there, and of the visitors. Also, the Court required the State to adopt all such measures as are appropriate to bring the situation of the Uribana Prison into line with the applicable international rules regarding the treatment of persons deprived of liberty. The text of that order can be seen at: http://www.corteidh.or.cr/docs/medidas/centro_se_01_ing.pdf.
Judicial Confinement Center Capital Region El Rodeo I & El Rodeo II
723. On December 17, 2007 the Inter-American Commission on Human Rights filed a request for provisional measures with the Inter-American Court in order that the Bolivarian Republic of Venezuela protect the persons deprived of liberty at the Judicial Confinement Center, Capital Region, El Rodeo I & El Rodeo II, as well as the visitors and workers of such prison, from imminent risks of irreparable harm to their lives and personal integrity. The Commission observed that during 2006, 86 inmates died at the prison and 198 were injured in different violent incidents; and that during 2007 the death toll amounted to 51 and 101 inmates were injures. Therefore, the Inter-American Commission considered that a very serious insecurity and violence situation was taking place in the prison. At the time of approval of the current report, the Court’s decision in this regard was still pending.
Case of the Yare I and II Capital Region Penitentiary Center
724. During 2007, the Commission periodically presented the Court with comments on the Venezuelan State’s reports concerning these measures, which were ordered at the Commission’s request on March 30, 2006, to protect the lives and physical integrity of the inmates at the Yare I and II Capital Region Penitentiary Center. The text of the corresponding order can be found at: http://www.corteidh.or.cr/docs/medidas/penitenciarioregion_se_01.doc. The Court’s most recent order is dated November 30, 2007.
Humberto Prado and his immediate family
725. On May 16, 2007 the Commission filed a request for provisional measures with the Court in order that Venezuela protect the life and personal integrity of human rights defender Humberto Prado and his immediate family, as well as his freedom to exercise his activities as Director of the Venezuelan Prisons Observatory, promoting and defending human rights in Venezuela.
726. On July 13, 2007 the Court, taking into account the information provided by the State regarding some measures adopted at the domestic level, informed the parties its decision to request updated information in September 2007 and to reevaluate then Mr. Prado’s situation in order to decide the pertinence of the provisional measures request.
727. After reviewing the information provided by the parties, the Court announced on November 29, 2007 its decision to request updated information in January 2008 and to reevaluate then Mr. Prado’s situation in order to decide the pertinence of the provisional measures request. At the time of approval of the current report, the Court’s decision in this regard was still pending.
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