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 CHAPTER
        II   ACTIVITES
        OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS            
        In 1979, the Inter-American
        Commission on Human Rights held three sessions: the forty-sixth,
        forty-seventh and forty-eighth. These were held at the headquarters of
        the Commission, at the General Secretariat of the Organization of
        American States, Washington, D.C. Moreover, the Commission conducted an
        on-site observation in the territory of the Republic of Argentina and
        carried out other activities.              
        The Commission held its forty-sixth
        session at its offices in Washington, D.C., from March 5 through 9,
        1979.            
        The following members participated in
        that session: Carlos A. Dunshee de Abranches (Chairman), Tom J. Farer
        (Vice Chairman), Carlos García Bauer and Marco Gerardo Monroy Cabra.
        Andrés Aguilar, Gabino Fraga and Fernando Volio Jiménez, members of
        the Commission, were unable to attend for either personal or health
        reasons.            
        At that session, the Commission
        approved the report submitted to it by the Special Commission that
        conducted an on-site observation in the Republic of Haiti in August of
        1978.            
        At that same session the Commission
        considered the observations made by the Government of El Salvador with
        respect to the Commission’s report on the situation of human rights in
        that country, which the Commission had approved at its previous session.
        It also analyzed the situation of human rights in Cuba and decided to
        continue to prepare a report on political prisoners in that country,
        without this precluding subsequent preparation of another report to
        include a more extensive study with respect to the observance of other
        human rights.            
        Further, the Commission adopted a
        number of decisions concerning the organization of the on-site
        observation it would conduct in the Republic of Argentina in the course
        of the year.            
        It also considered a preliminary
        draft convention on the prevention and punishment of torture as an
        international crime, which had been entrusted to the Inter-American
        Juridical Committee in coordination with the Commission.            
        The Commission also considered the
        communications received immediately prior to its work, in which 425 new
        cases, involving a total of 643 victims from 16 countries, were
        denounced. As for earlier denunciations, the Commission continued to
        examine the cases and adopted a number of resolutions.            
        Finally, the Commission granted
        hearings to individuals who requested them.              
        The Commission held its forty-seventh
        session at its offices in Washington, D.C., from June 15 through 22,
        1979.            
        The Secretary General of the
        Organization of American States formally installed the Inter-American
        Commission on Human Rights which, in accordance with the 1969 Pact of
        San José, Costa Rica, had been elected by the General Assembly on May
        22 of that year.            
        By a consensus of its members and in
        view of the fact that the current session was the first that the
        Commission organized in accordance with the Pact of San José was to
        hold, the Commission felt that new officers for this organ should be
        elected, who would hold office until the General Assembly adopted and
        implemented the Commission’s new Statute.            
        Dr. Andrés Aguilar was unanimously
        elected Chairman; Dr. Luis Demetrio Tinoco Castro was unanimously
        elected Vice Chairman. Dr. Marco Gerardo Monroy Cabra and Dr. Francisco
        Bertrand Galindo were elected principal and alternate members of the
        Permanent Committee, respectively.            
        In addition to the members cited
        above, Dr. Carlos A. Dunshee de Abranches and Tom J. Farer took part in
        that session.            
        During that session, acting in
        accordance with the American Convention on Human Rights and taking
        Permanent Council Resolution 253, of September 20, 1978, into account,
        the Commission adopted its Draft Statute, which was submitted to the
        General Assembly for approval.            
        Moreover, the Commission prepared the
        annual report it was to submit to the General Assembly for
        consideration.            
        Furthermore, the Commission
        considered the grave situation in Nicaragua with respect to human
        rights, in the light of the numerous denunciations it had received. In
        that regard, it sent a communication to the Eighteenth Meeting of
        Consultation of Ministers of Foreign Affairs, which was meeting at that
        time.            
        In accordance with its Statute and
        Regulations, the Commission examined the situation of human rights in a
        number of American states.            
        Finally, as it had been on previous
        occasions, the Commission granted hearings to individuals or
        representatives of institutions that requested such hearings.            
        C.         
        On-site Observation in the Republic of Argentina            
        Through a note dated December 18,
        1978, the Government of Argentina invited the Commission to conduct an
        on-site observation in that country. It was originally set for May of
        1979. However, because of the changes that occurred within the
        Commission as a consequence of the entry into force of the American
        Convention on Human Rights, the visit had to be postponed. It finally
        took place between September 6 and 20, 1979. At its forty-fifth session,
        the Commission had decided to accept the invitation and at its
        forty-seventh session, when the Government of Argentina renewed its
        invitation, the Commission proposed to conduct that observation on the
        dates mentioned above.          
        In accordance with the Regulations, a
        Special Commission was appointed to conduct the on-site observation.
        That Commission was composed of the following members: Dr. Andrés
        Aguilar, Chairman; Dr. Luis Demetrio Tinoco Castro, Vice Chairman;
        Professor Carlos A. Dunshee de Abranches; Professor Tom J. Farer; Dr.
        Marco Gerardo Monroy Cabra and Dr. Francisco Bertrand Galindo.            
        During its stay in Argentina, the
        Commission spoke with the President of the Republic, the members of the
        Junta de Gobierno, the President of the Supreme Court of Justice, the
        Ministers of the Interior, Foreign Affairs, Justice and Education, and
        with other civil and military authorities, both national and provincial.            
        The Commission also had an
        opportunity to meet with the former president of the Republic, the
        President of the Argentine Episcopal Conference, and representatives of
        various political, religious, cultural, humanitarian, mass
        communications media, professional, scientific, business, union and
        student institutions, all of which provided it with important testimony
        with respect to the situation of human rights in Argentina.            
        The Commission also visited the
        following penitentiaries: Caseros and Villa Devoto in Buenos Aires;
        Units 1 and 8 in Olmos, Unit 9 in La Plata, and the jails at Córdoba,
        Resistencia and Rawson, as well as the La Rivera military detention
        center in Córdoba and the Magdalena Military Detention Center in the
        province of Buenos Aires.            
        In Buenos Aires, Córdoba and Tucumán
        the Commission received denunciations addressed to the Commission,
        alleging violations of human rights. For its part the Government of
        Argentina made an agreement with the Commission that it would not take
        any form of reprisals against persons that submitted denunciations to
        the Commission or against the agencies and institutions that provided it
        with information or testimony.   D.      
        Ninth Regular Session of the General Assembly of
        the Organization of American States            
        At the ninth regular session of the
        General Assembly of the Organization, held in La Paz, Bolivia, from
        October 22 through 31, 1979, the Commission was represented by its
        Chairman, Dr. Andrés Aguilar, Commission members Professors Tom J.
        Farer and Carlos A. Dunshee de Abranches, and its Executive Secretary,
        Dr. Edmundo Vargas Carreño.            
        The Chairman presented the Annual
        Report of the Commission, which was topic 22 on the Agenda.            
        Moreover, the former Chairman of the
        Commission, Professor Carlos A. Dunshee de Abranches, presented the
        report on the situation of human rights in El Salvador.            
        Further, as part of the Annual Report
        submitted to the General Assembly in accordance with the Charter of the
        Organization, the Commission presented the reports on the situation of
        human rights in Chile, Panama, Paraguay and Uruguay.            
        At its twelfth plenary session, held
        on October 31, 1979, the General Assembly approved six resolutions
        related to human rights, the texts of which are as follows:   AG/RES.
        443   ANNUAL
        REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN
        RIGHTS           
        WHEREAS:           
        The annual report of the
        Inter-American Commission on Human Rights (AG/doc.1101/79) concludes
        that, while there have been positive developments in the observance of
        human rights in the member states, there has been no appreciable
        improvement in the situation described in the previous annual report;           
        Disappearances in certain countries
        have had a particular effect on the welfare of children either born to
        women after their “disappearance” or kidnapped with their
        parents—a method of repression which the Commission finds to be cruel
        and inhuman;           
        Torture in some countries appears to
        be a common practice;           
        Detention of persons without trial
        continues to be practiced often through the device of indefinite
        maintenance of a state of siege;           
        Violations of human rights in the
        hemisphere still constitute one of the most serious problems afflicting
        the conscience of peoples and their governments;           
        Restrictions still exist in Chile on
        the exercise of human rights;           
        According to the Commission’s
        report, the number of denunciations about human rights in Uruguay has
        diminished in quantitative terms, but very many of the conditions
        described by the Commission still persist, and           
        The Government of Paraguay has not
        complied with the recommendations made by the General Assembly at its
        eighth regular session,           
        THE GENERAL ASSEMBLY           
        RESOLVES:           
        1. To
        congratulate the Inter-American Commission on Human Rights for the work
        it has done since the eighth session of the General Assembly, and to
        note its annual report with great interest.           
        2. To
        congratulate the Government of Panama for having taken the initiative in
        inviting the Commission to visit the country, and for the cooperation it
        provided during the visit, and to take note of the measures taken by the
        Government of Panama to implement the recommendations contained in the
        Commission’s special report.           
        3. To
        declare that the practice of disappearance is an affront to the
        conscience of the hemisphere, and is totally contrary to common
        traditional values and to the declarations and agreements signed by the
        American states, and to endorse the Commission’s recommendations for
        prompt clarification of the status of persons who have disappeared under
        circumstances described in the annual report.           
        4. To
        endorse the United Nations Declaration on Torture, and to reiterate its
        support for completion of an OAS Convention defining torture as an
        international crime, pursuant to AG/RES. 368 (VIII-0/78).           
        5. To
        urge the Government of Chile to step up adoption and implementation of
        the measures necessary effectively to preserve and ensure the full
        exercise of human rights in Chile, especially regarding clarification of
        the situation of those detained persons who have disappeared, return of
        exiles to their country, lifting of states of emergency, and prompt
        reinstatement of the right to vote.           
        6. To
        reiterate the need for the Government of Paraguay to respect human
        rights, and to urge that government to demonstrate the willingness it
        expressed in a note from the Ministry of Foreign Affairs dated July 2,
        1979, to cooperate with the Inter-American Commission on Human Rights by
        setting a date certain in the near future for its visit to that country,
        as agreed with the Government of Paraguay in September 1977.           
        To request the Government of Paraguay
        to lift the state of siege throughout the country, and to permit all
        exiles to return.           
        7. To
        reiterate its appeal to the Government of Uruguay for comprehensive
        implementation of the measures recommended by the Commission in its
        previous report, again to ask the Government of Uruguay to consider the
        possibility of inviting the Commission to visit the country, and to take
        note of the announcement by the Government of Uruguay that it is
        planning to hold general elections in 1981, taking into account the
        conclusions and observations set forth in the annual report of the
        Inter-American Commission on Human Rights.           
        8. To
        request the Commission to continue to monitor the exercise of human
        rights in Chile, Paraguay and Uruguay, and to report thereon to the
        tenth regular session of the General Assembly.   AG/RES.
        444           
        ANNUAL REPORT OF THE INTER-AMERICAN
        COMMISSION ON HUMAN RIGHTS TO THE GENERAL ASSEMBLY: “RELIGIOUS
        FREEDOM”             
        WHEREAS:           
        The annual report of the
        Inter-American Commission on Human Rights (AG/doc.1101/79) refers to the
        situation of the religious group known as Jehovah’s Witnesses,           
        THE GENERAL ASSEMBLY           
        RESOLVES:           
        1. To
        appeal to the member states not to place any impediment in their
        legislation on the exercise of the right to freedom of religion and of
        worship, in accordance with the American Declaration of the Rights and
        Duties of Man.           
        2. Concerning
        Jehovah’s Witnesses and its associated agencies, to urge the
        re-establishment of their right to freedom of religion and worship based
        on the aforementioned Declaration.   AG/RES.
        445   PROMOTION
        OF HUMAN RIGHTS           
        THE GENERAL ASSEMBLY,           
        REAFFIRMING its commitment to promote
        observance of the American Declaration of the Rights and Duties of Man,           
        RESOLVES:           
        1. To
        thank the individual members of the Inter-American Commission on Human
        Rights for their dedication to the important objectives of this
        Organization, and for the high level of objectivity and impartiality
        they have maintained in carrying out the mandate of the Commission to
        promote and defend human rights in this hemisphere.   2.
        To reaffirm recommendations made in AG/RES. 371 (VIII-0/78) that
        member states cooperate fully with the Commission, including giving
        their consent for on-site observations by the Commission.   3.
        To urge states where individuals have disappeared to refrain from
        adopting or implementing laws that would have the effect of impeding
        investigation of such disappearances.   AG/RES.
        446   REPORT
        ON THE SITUATION OF HUMAN RIGHTS IN EL SALVADOR   HAVING
        SEEN the report of the Inter-American Commission on Human Rights on the
        situation of human rights in El Salvador and its conclusions on the
        responsibility of the previous government of El Salvador for the
        systematic violation of those rights, and   CONSIDERING:   That
        the protection and recognition of human rights is one of the high
        purposes of the OAS, and that observance of them is a source of
        solidarity among the member states as well as a guarantee of respect for
        human life and the dignity of man;   That
        the Revolutionary Government, which has been ruling El Salvador since
        October 15, 1979, has stated through its delegation to the Organization
        that the regime referred to in the report was deposed, among other
        reasons, for having violated the human rights of the Salvadorian people;   That
        the Salvadorian delegation has informed the American states during this
        ninth regular session of the General Assembly that the basis and aim of
        the program of the Revolutionary Government is to guarantee full
        observance of human rights, and that it is therefore solemnly committed
        to carrying out necessary political, economic and social reforms, and   That
        the primary function of the Inter-American Commission on Human Rights is
        to promote the observance and defense of human rights in all the member
        states,   THE
        GENERAL ASSEMBLY   RESOLVES:   1.
        To thank the Inter-American Commission on Human Rights, and to
        commend it on its report on the situation of human rights in El
        Salvador.   2.
        To note with satisfaction the determination expressed by the new
        government of El Salvador to promote and guarantee the effective
        exercise of human rights in that member state.   3.
        To express the hope that the government of El Salvador will
        ensure that the measures it has adopted or has offered to adopt, as well
        as the recommendations contained in the report of the Inter-American
        Commission on Human Rights, are strictly complied with, so that human
        rights can be fully exercised.   4.
        To request the Inter-American Commission on Human Rights to
        continue monitoring the situation of human rights in El Salvador, and to
        include its conclusions in its report to the tenth regular session of
        the General Assembly.   AG/RES.
        477   STATUTE
        OF THE INTER-AMERICAN COMMISSION ON
        HUMAN RIGHTS   THE
        GENERAL ASSEMBLY,   HAVING
        SEEN:   The
        draft Statute (AG/doc.1093/79) prepared by the Inter-American Commission
        on Human Rights in accordance with Article 39 of the American Convention
        on Human Rights —Pact of San José— and approved by the Commission
        at its 47th meeting, and the corresponding statement of
        reasons (AG/doc.1093/79 add. 1), and   The
        draft Statute of the Inter-American Commission on Human Rights prepared
        by the Working Group to study the draft Statutes of the Commission and
        of the Inter-American Court of Human Rights (AG/Com.I/doc.22/79), and
        submitted to this Assembly for consideration, and   CONSIDERING:   That
        pursuant to Article 52 of the Charter, the General Assembly has the
        power to determine the structure and functions of the organs of the
        Organization, and   CONSIDERING:   That
        pursuant to Article 52 of the Charter, the General Assembly has the
        power to determine the structure and functions of the organs of the
        Organization, and   That
        it is necessary to make a detailed study of the standards and procedures
        on incompatibilities that should be incorporated into Article 8 of the
        draft Statute of the Inter-American Commission on Human Rights prepared
        by the abovementioned Working Group.   RESOLVES:   1.
        To approve the Statute of the Inter-American Commission on Human
        Rights contained in this resolution.   2.
        To instruct the Permanent Council to study, as soon as possible,
        the standards and procedures on incompatibilities that should be
        incorporated into Article 8 of the Statute approved by the General
        Assembly, and to submit it to the tenth regular session of the Assembly
        for appropriate decision.   AG/RES.
        448   STATUTE
        OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS   THE
        GENERAL ASSEMBLY,   HAVING
        SEEN:   The
        draft Statute of the Inter-American Court of Human Rights presented by
        the Court, in accordance with Article 60 of the American Convention of
        Human Rights, “Pact of San José,” which was approved by the Court
        (AG/doc.1112/79), and   The
        draft Statute of the Inter-American Court of Human Rights prepared by
        the Working Group responsible for studying the draft Statutes of the
        Inter-American Commission on Human Rights and of the Inter-American
        Court of Human Rights (AG/Com.I/doc.27/79 rev. 1), submitted to this
        Assembly for consideration, and   CONSIDERING:   That
        in accordance with Article 52 of the Charter, the General Assembly is
        responsible for the structure and function of the organs of the
        Organization,   RESOLVES:   To
        approve the following   STATUTE
        OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS              
        The Commission’s forty-eighth
        session was held in Washington, D.C., November 29 through December 14,
        1979. On that occasion, the new members of the Commission were
        appointed, thereby completing the membership, and all its members took
        part: Mr. Andrés Aguilar, Chairman; Luis Demetrio Tinoco Castro, First
        Vice Chairman; Marco Gerardo Monroy Cabra, Second Vice Chairman; Carlos
        A. Dunshee de Abranches; Tom J. Farer; Francisco Bertrand Galindo, and César
        Sepúlveda.            
        During that session, the Commission
        approved the Report on the situation of human rights in the Republic of
        Argentina, which was drawn up on the basis of the on-site observation
        conducted in that country in September 1979 and other sources of
        information available to the Commission. That report was sent to the
        Government of Argentina so that it might formulate the observations it
        deemed pertinent.            
        Moreover, the Commission adopted its
        Sixth Report on the situation of political prisoners in Cuba. That
        report was sent to the Government of Cuba so that the latter might
        formulate the corresponding observations, if it felt such a measure was
        in order.            
        During that same session, the
        Commission approved its report on the situation of human rights in
        Haiti, after receiving the observations made by the Government of that
        country.            
        Further, the Commission concluded its
        preparation of a draft Inter-American Convention that classified torture
        as an international crime. That draft was referred to the Inter-American
        Juridical Committee, the organ which, together with the Commission,
        received a mandate from the General Assembly to prepare such a
        convention.            
        It also continued its examination of
        a number of cases being processed that involved a number of individuals
        from several countries. It adopted the corresponding resolutions.            
        Between June 16 and November 15,
        1979, the Commission opened 171 new cases. To that figure must be added
        the 4,153 new denunciations the Commission received during its on-site
        observation in Argentina.            
        The Commission discussed other
        matters, which included fulfillment of its mandates from the General
        Assembly of the OAS; the awarding of the Rómulo Gallegos scholarship
        for graduate studies in human rights; its publications policy, and the
        seminars on the promotion on human rights, which it would sponsor
        jointly with other agencies during 1980.            
        As it had done on previous occasions,
        the Commission granted hearings to the individuals and institutions that
        requested them on time.            
        At the end of this session, the
        Chairman of the Commission, Dr. Andrés Aguilar, resigned from his post
        as Chairman in view of the programs and activities the Commission was to
        carry out during 1980 and because of prior commitments. The Commission
        thanked Dr. Aguilar for this admirable performance of his functions.            
        In accordance with Article 5 of the
        Regulations, the Vice Chairman, Dr. Luis Demetrio Tinoco Castro, became
        Chairman, and Professor Tom J. Farer was elected First Vice Chairman.              
        At this session, held in Washington,
        D.C., March 27 through April 11, 1980, acting in accordance with the
        provisions of the American Convention on Human Rights and after lengthy
        discussion, the Commission drafted its Regulations. When doing so, it
        took into consideration the preliminary drafts prepared by Professor
        Abranches and by the Executive Secretariat.            
        At the same session, the Commission
        received and analyzed the observations that the Government of Argentina
        submitted on the Commission’s report on the situation of human rights
        in that country, which had been prepared at the Commission’s previous
        session. Taking those observations and the new evidence it had in its
        possession into consideration, the Commission adopted its final Report
        in that regard.            
        Further, the Commission made public
        its Report on the Situation of Human Rights in Haiti.            
        The Commission, which was meeting at
        the time, also decided to accept the invitation it received from the
        Government of Colombia to conduct an on-site observation in that
        country. In view of the urgency of the Colombian Government’s request
        for the Commission’s presence, the latter decided to conduct its visit
        as soon as possible.            
        It also decided to prepare reports on
        the situation of human rights in the republics of Nicaragua and
        Guatemala, whose governments had invited it to conduct on-site
        observations in those countries. The visit to Nicaragua will begin on
        October 6 of this year. As of the date of this report, the Government of
        Guatemala has not yet set the date for the Commission’s visit to that
        country.            
        G.         
        On-site Observation in Colombia            
        The Commission conducted an on-site
        observation in Colombia from April 21 through 27, 1980. The Minister of
        Foreign Affairs, Dr. Diego Uribe Vargas, sent the corresponding
        invitation “in order to examine the general situation of human rights,
        and to be present at the public part of oral proceedings of the court
        martial now being conducted, in accordance with the Constitution and the
        Laws of the Republic, and to apprise itself of how the trials are
        conducted.” In the note, the Minister of Foreign Affairs of Colombia
        adds that the “Government wants the Inter-American Commission on Human
        Rights to acquaint itself with the investigations being conducted into
        alleged abuses of authority with respect to human rights.” The
        Commission accepted that invitation in a note dated April 2, 1980.            
        During its stay in Colombian
        territory, the Commission interviewed representatives and figures from
        the various sectors of Colombian society, such as authorities, former
        presidents of the Republic, religious figures, human rights agencies,
        professional associations, trade and labor union organizations,
        representatives of private business and the mass communications media.
        Further, the Commission visited detention centers and military centers
        in a number of places throughout the country and, in accordance with the
        corresponding rules and regulations, received denunciations concerning
        alleged violations of human rights.            
        Furthermore, during the on-site
        observation and subsequent thereto, the Commission noted how the
        above-mentioned court martial were proceeding. On the occasion of its
        visit to Colombia and at the invitation of the President of the
        Republic, Julio César Turbay Ayala, the Commission contributed to the
        satisfactory settlement of the problem of the occupation of the Embassy
        of the Dominican Republic in Bogotá, in exercise of the mandate
        conferred upon it and on the basis of the legal provisions that govern
        it.            
        To make that settlement possible, the
        Commission and the Government of Colombia concluded an agreement through
        an exchange of notes dated April 23 and 24, 1980.1   H.         
        Request of the Permanent Council of the OAS concerning
        the Situation of Human Rights in Bolivia            
        On July 17, 1980, a military coup
        brought General Luis García Meza Tejada to power, thereby interrupting
        the process of democratization that was underway under the interim
        government of Mrs. Lidia Gueiler. Concerned over the disruption of the
        democratic process in Bolivia and the denunciations of serious
        violations of human rights as a result of the coup, the Permanent
        Council of the Organization adopted Resolution 308, of July 25, 1980, in
        which it requested the Inter-American Commission on Human Rights to
        examine the situation of human rights in Bolivia as soon as possible.2            
        In compliance with the terms of that
        resolution, on August 8, 1980, the Commission addressed the Government
        of Bolivia through its Ministry of Foreign Affairs and Worship. The
        Commission’s letter to the Government of Bolivia is as follows:           
        Excellency:           
        The Inter-American Commission on
        Human Rights has been observing, with genuine concern, the development
        of the events that have been transpiring in Bolivia since last July 17.
        Moreover, it has received denunciations and reports to the effect that a
        situation has developed in Bolivia that affects the observance of human
        rights, especially as regards the right to life, liberty and the
        security of one’s person. Further, as you know, the Permanent Council
        of the OAS, in resolution CP/RES. 308 (432/80), of July 25, 1980,
        requested the Commission to examine the situation of human rights in
        Bolivia as soon as possible.           
        Therefore, acting on instructions
        received from the Commission and without this communication implying any
        judgment on the Commission’s part as to the legitimacy or illegitimacy
        of the Government of General Luis García Meza, as such a judgment is
        not within its purview in accordance with the practices of international
        law and the Statute and Regulations of the Commission itself, I am
        addressing Your Excellency for the purpose of securing specific
        information as to the following points, which are of special interest to
        the Commission:           
        a) The
        names of individuals who have died under unusual circumstances since
        July 17, 1980;           
        b) The
        names of individuals who have been detained as a result of the events
        mentioned above, their status, place of detention and state of health;           
        c) The
        names of individuals who are in asylum in various embassies and the
        status of the procedures that have been followed to grant the
        corresponding safe-conduct;           
        d) The
        texts of the legal provisions enacted since July 17, 1980, which could
        affect the observance of human rights and whether those legal provisions
        have suspended the obligation incurred by Bolivia by virtue of the
        American Convention on Human Rights.           
        Further, the Commission also wishes
        to state to Your Excellency that in its view it would be invaluable to
        have the permission of the Government over which General García Meza
        presides, to conduct an on-site observation in Bolivia as soon as
        possible, in accordance with Articles 54 and 55 of the Commission’s
        Regulations, transcribed below:   Article
        54
        (Necessary Facilities)   In
        extending an invitation for an on-site observation or in giving its
        consent, the government shall furnish to the Special Commission all
        necessary facilities for carrying out its mission. In particular, it
        shall bind itself not to take any reprisals of any kind against any
        persons or entities cooperating with the Special Commission of providing
        information or testimony.   Article
        55
        (Other Applicable Standards)   Without
        prejudice to the provisions in the preceding article, any on-site
        observation agreed upon by the Commission shall be carried out in
        accordance with the following standards:   a.
        The Special Commission or any of its members shall be able to
        interview freely and in private, any persons, groups, entities or
        institutions, and the government shall grant the pertinent guarantees to
        all those who provide the Commission with information, testimony or
        evidence of any kind;   b.
        The members of the Special Commission shall be able to travel
        freely throughout the territory of the country, for which purpose the
        government shall extend all the corresponding facilities, including the
        necessary documentation.   c.
        The government shall ensure the availability of local means of
        transportation;   d.
        The members of the Special Commission shall have access to the
        jails and all other detention and interrogation centers and shall be
        able to interview in private those persons imprisoned or detained;   e.
        The government shall provide the Special Commission with any
        document related to the observance of human rights that it may consider
        necessary for the preparation of its report;   f.
        The Special Commission shall be able to use any method
        appropriate for collecting, recording or reproducing the information it
        considers useful;   g.
        The government shall adopt the security measures necessary to
        protect the Special Commission;   h.
        The government shall ensure the availability of appropriate
        lodging for the members of the Special Commission;   i.
        The same guarantees and facilities that are set forth here for
        the members of the Special Commission shall also be extended to the
        Secretariat staff;   j.
        Any expenses incurred by the special committee, any of its
        members and the Secretariat staff shall be borne by the Organization,
        subject to the pertinent provisions.           
        Accept, Excellency, the renewed
        assurances of my highest consideration.           
        Edmundo Vargas Carreño            
        Executive Secretary            
        As of the date of this report, the
        Government of Bolivia has not replied to the Commission’s request.              
        During 1979, the Commission
        sponsored, in conjunction with other agencies, seminars devoted to
        topics on the promotion of human rights. In early 1979, a seminar on the
        American Convention on Human Rights was held in San José, Costa Rica.
        It was sponsored by the Commission, the Inter-American Bar Association
        and the University of Costa Rica.            
        In September 1979, the Universidad
        Jorge Tadeo Lozano of Bogotá, with the joint sponsorship of the
        Government of Colombia, the General Secretariat of the OAS and this
        Commission, conducted a seminar on the teaching of international law in
        which special importance was given to the topic of the teaching of human
        rights.            
        Moreover, from August 11 through 22,
        1980, a Seminar on International Protection of Human Rights was held in
        Mexico City. It was sponsored jointly by the Commission, the Juridical
        Research Institute of the Universidad Nacional Autónoma de México, the
        Matías Romero Institute and the International Human Rights Institute.            
        Members of the Commission and of the
        Executive Secretariat participated in all those seminars, which were
        inaugurated by high-ranking state officials.   [ Table of Contents | Previous | Next ] 
 1           
            The letter from the Government to the Chairman and members of
            the Commission reads as follows: H.E.
            Tom Farer, Chairman of the Inter-American
            Commission on Human Rights Other
            Members Excellencies: As
            you are well aware, Colombia has a long tradition of democracy, in
            which human rights have been observed. Colombia’s national laws
            make provision for the defense of human rights. Similarly,
            Colombia has signed international commitments at the world and
            hemispheric levels, that obligate it to respect the supreme dignity
            of the human being. Taking
            these considerations into account, the Government decided to extend
            an invitation, via the Ministry of Foreign Affairs in my charge, to
            the Inter-American Commission on Human Rights to visit the country
            and to perform therein the duties of that prestigious organ. The
            Government’s major concern is that civilian and military
            authorities should not commit abuses of authority at any level.
            Naturally, it does not discount the possibility that subordinates
            may exceed the boundaries of their constitutional and legal duties.
            To tolerate possible violations of this kind is a serious error, of
            which the Government would never be guilty. Therefore, I can assure
            the members of the Inter-American Commission on Human Rights that no
            denunciation will go uninvestigated and no guilty party will go
            unpunished. In
            inviting Your Excelencies to visit Colombia, the Government is
            establishing that its decision is to comply fully with the
            obligations assumed under the American Convention on Human Rights
            and to allow the Commission to examine the non restricted part of
            all proceedings it may wish to examine, so that it may establish
            that they are being conducted in accordance with the law. Within
            the context of this letter, the Government acknowledges that the
            Inter-American Commission on Human Rights or its authorized
            representatives may freely exercise, in accordance with the laws and
            throughout the national territory, all its functions and the
            following activities: a.
            To be completely free to contact attorneys representing
            individuals being tried in Oral Court Martial and those being tried
            in military courts. b.
            To observe, in accordance with the provisions of the law, the
            Oral Court Martial and to assure itself of the procedural guarantees
            and that the proceedings are being conducted in accordance with the
            law. It also has the power to make any observations it deems
            appropriate to the competent authorities, to prevent any violation
            of the rights of those brought to trial. c.
            To guarantee transportation to the airport and departure from
            the country for all those union members who are not being questioned
            or who have been acquitted in those Oral Court Martial, when these
            individuals so desire. d.
            To point out any irregularity that might arise in these
            proceedings and to study all those complaints they receive in
            connection with trials in which the charges may not have been proven
            properly or in which the proof may have been obtained by means that
            clearly violate human rights, so that if such violations are proven,
            the individuals affected may challenge the validity of the verdict. e.
            To apprise itself of the investigations being conducted into
            abuses of authority and the denunciations of specific cases of
            violations of human rights, so that any individuals responsible for
            such reprehensible acts may be punished with all the rigor of the
            law. This
            letter reaffirms the Government’s irrevocable decision to honor
            its international commitments, which parallel its legal obligations
            in the domestic realm. On
            the foregoing bases and if such action is deemed appropriate, the
            members of the Inter-American Commission on Human Rights, may serve
            as guarantors vis-à-vis the individuals who took over the premises
            of the Embassy of the Dominican Republic, of the Government’s
            strict compliance with all clauses of this letter, which takes
            effect immediately as far as the Executive is concerned. The
            Government will continue to regard the freedom of the hostages as a
            matter of urgency, as it always has. I
            await Your Excellencies’ reply, convinced as I am, that all the
            facilities the Colombian Government will offer to the Commission to
            enable it to perform its duty properly, will meet with the
            Commission’s satisfaction. (signed)
            Diego Uribe Vargas Minister
            of Foreign Affairs              
            In the Commission’s note to the
            Government, after transcribing the text of the note from the
            Minister of Foreign Affairs, the following is stated:                        
            In reply, it is my pleasure to
            inform Your Excellency that the Inter-American Commission on Human
            Rights fully accepts the proposal formulated by the illustrious
            Government of Colombia in the note transcribed above.                        
            The Commission over which I
            preside is of the view that the activities listed in that note
            conform to the functions assigned to the Commission in the American
            Convention on Human Rights and to the obligations that the
            Government of Colombia has assumed by virtue of that instrument.                        
            In that regard, I am pleased to
            confirm for Your Excellency that the Commission—either directly or
            through a delegation which it will appoint from among its members or
            the attorneys serving within its Executive Secretariat—will
            conduct freely and in accordance with the provisions of Colombian
            law and the Regulations of the Commission, the activities listed in
            Your Excellency’s note.                        
            Further, the Commission is
            willing to serve as guarantor vis-à-vis the individuals who took
            over the premises of the Embassy of the Dominican Republic, of the
            Colombian Government’s strict compliance with all the clauses of
            Your Excellency’s communication, which shall take effect
            immediately.                        
            Accept, Excellency, the
            assurances of my highest consideration.                                                                                                            
            Tom J. Farer                                                                                                            
            Chairman 2           
            The Permanent Council’s resolution is as follows: THE
            PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES, CONSIDERING: The
            principles established in the Charter of the Organization,
            especially those expressed in Article 3, paragraphs d) and j); The
            American Declaration of the Rights and Duties of Man; and The
            Declaration of La Paz, adopted by consensus of the ninth regular
            session of the General Assembly; and BEARING
            IN MIND: That
            each state has the right to develop its cultural, political, and
            economic life freely and spontaneously and that in this free
            development, the state shall respect the rights of the individual
            and the principles of universal morality, as set forth in Article 16
            of the Charter of the Organization; That
            this precept has been violated by the military coup that has taken
            place in Bolivia in disregard of the elections recently held in that
            country; and With
            strict respect for the principle of nonintervention, RESOLVES: 1.
            To deplore the military coup which indefinitely suspends the
            process of democratic institutionalization that was culminating in
            the sister Republic of Bolivia. 2.
            To express its deepest concern over the loss of human life
            and the serious violations of the human rights of the Bolivian
            people, as a direct consequence of the coup d’état. 3.
            To request that, in the shortest time possible, the
            Inter-American Commission on Human Rights examine the situation of
            human rights in Bolivia. 4.
            To express its solidarity with the Bolivian people and its
            confidence that they will find the most suitable means to maintain
            the viability of their democratic institutions and their freedoms. 
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