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CHAPTER
II ACTIVITIES
OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Beginning September, 1985, the date on which the coverage of the
previous annual report ended, the Inter-American Commission on Human
Rights held two sessions: the sixty-sixth and the sixty-seventh. Both
were regular sessions and were held at the Commission's headquarters,
the General Secretariat of the Organization of American States, in
Washington, D.C.
The Chairman of the Permanent Council and the Secretary General
of the Organization attended the inauguration of the two sessions in
reference. At these inaugural events, these distinguished
representatives underlined the importance of the Commission's work.
As indicated in this chapter's summary of each of the
aforementioned sessions, the Commission analyzed and took decisions on
the various matters pending consideration, and adopted the corresponding
programs.
At each of these sessions, the Commission's President and
Executive Secretary presented their respective reports in accordance
with the regulations.
In December 1985, between the two sessions of the Commission, the
OAS General Assembly was held in Cartagena de Indias, Colombia.
Important resolutions on human rights were adopted which are included in
this chapter.
A.
Sixty-Sixth Session
This session was held from September 26 to October 4, 1985, at
the Commission's headquarters in Washington, D.C. under the Chairmanship
of Dr. Andrés Aguilar and with the participation of all but one member:
Dr. Luis Adolfo Siles Salinas, First Vice Chairman; Dr. Gilda Maciel
Russomano, Second Vice Chairman; Dr. Marco Gerardo Monroy Cabra; Dr. César
Sepúlveda; and Dr. Bruce McColm. Dr. Luis Demetrio Tinoco Castro could
not attend due to illness.
At that time all the members present unanimously adopted the
final reports on the general situation of human rights in Chile and in
Suriname. These reports were forwarded to the OAS Secretary General for
distribution to the Governments of the member states. It should be
recalled that the Commission had provisionally adopted two reports at
its previous (65th) session, and that they had been forwarded
to the corresponding Governments for whatever observations they might
deem pertinent. The Chilean Government decided not to accept the report
for procedural reasons. The Government of Suriname, however, set forth
its observations, which were carefully examined by the IACHR. Both
reports were made public after that meeting of the Commission.
At that time the Commission also adopted a preliminary report on
the status of human rights in Guatemala. Pursuant to the current
regulations, the report was forwarded to that country's Government for
whatever observations it deemed pertinent.
Another of this session's main activities was consideration and
final approval of the annual report to be submitted to the OAS General
Assembly in December 1985. This annual report also included a special
section on Guatemala concerning the on-site visit held by the IACHR in
May 1985 and updating its previous reports on the country. Information
available on the observance of human rights in Cuba, El Salvador, Haiti,
Nicaragua and Paraguay during the previous 12 months was also updated.
Likewise, upon considering the official invitation extended by
the Government of Haiti to hold an on-site observation visit in that
country, the Commission decided to make the visit in January 1986.
Finally, among the proceedings held during this session, special
mention should be made of the visit of the Archbishop of San Salvador
and Chairman of the Central American Episcopal Conference, Monsignor
Arturo Rivera y Damas, whom the IACHR thanked for this kind words and
support of the Commission's aims and activities.
B.
Activities following the 66th session
The Ninth Inter-American Indian Congress was held in Santa Fe,
New Mexico, from October 28 to November 1, 1985. Important resolutions
with specific reference to respect for the culture and other human
rights of the aborigines were adopted. The IACHR was represented by one
of its members, Mr. Bruce McColm.
On November 11 and 12, 1985, a joint meeting of the European and
Inter-American Commissions on Human Rights was held in Seville, Spain.
It was followed by an international colloquium on the European
Convention. Both events were attended by representatives of the IACHR,
the President and the Executive Secretary, as well as its members, Ms,
Russomano and Messrs. Monroy Cabra and Bruce McColm, who helped
strengthen the ties of cooperation and coordination between the two
regional commissions.
On November 13, 1985, the Inter-American Court of Human Rights
issued an advisory opinion on the interpretation of Article 13 of the
Convention as regards compulsory membership of journalists in an
association. The IACHR was represented by its members, Messrs. Monroy
Cabra and McColm, who during their appearances expressed the majority
and minority views, respectively, of the Commission, on this important
issue.
On December 2 and 3, 1985, an important trade union seminar
organized by the ORIT and IADSL was held in Caracas, Venezuela.
Subsequently, on December 4, 5 and 6, the Congress of the CLAT Workers'
Confederation was held in Rio de Janeiro, Brazil. The IACHR was
represented by its members, Mr. Bruce McColm and Ms. Gilda M. Russomano,
respectively.
In January 1986, the Executive Secretary of the IACHR, designated
by the President, attended the hearings held at the headquarters of the
Inter-American Court of Human Rights. These dealt with the inquiry made
by the Government of Uruguay concerning the scope of the term “laws”
in Article 30 of the American Convention on Human Rights, and the
inquiry by the Government of Costa Rica concerning the so-called right
of rectification or of “reply” in Article 14 of that Convention.
The on-site observation to Haiti, which had been agreed upon with
the Government for January 27 to 31, 1986, and for whose organization
the attorney responsible for matters related to that country, Ms. Cerna,
visited the capital as well as the cities of Gonaïves, Cap-Haïtien and
Les-Cayes, December 3-15 1985, could not be made as scheduled. The
demonstrations and the violence culminated in the resignation of
President-for-life, Mr. Duvalier, and caused the indefinite suspension
of the mission on January 14, 1986, by note of the Chargé d'affaires of
the Haitian Mission to the OAS.
Lastly, the Chairman, Mr. Siles, and the Executive Secretary
visited Montevideo March 17-20, 1986 at the invitation of the Uruguayan
President and Minister of Foreign Affairs.
C.
Fourteenth special and fifteenth regular
sessions of the OAS General Assembly
The OAS General Assembly held its fourteenth special session in
Cartagena de Indias, Colombia, December 2-5, 1985. It was followed by
the fifteenth regular session, December 5-9, 1985.
The purpose of the fourteenth special session was to consider and
approve the proposed amendments to the OAS Charter that had been
submitted to it by the Permanent Council. Dr. Marco Gerardo Monroy Cabra
attended the session on behalf of the Commission.
The regular session, as is customary, considered the various
matters related to the progress of the Organization. The Commission was
represented by its Chairman, Dr. Andrés Aguilar, accompanied by the
Executive Secretary, Dr. Edmundo Vargas Carreño.
The President, Dr. Aguilar, was responsible for presentation of
the annual report and the special reports prepared the previous year by
the Commission, on Chile and Suriname, to the Committee on Political and
Juridical Affairs of the General Assembly.
At its fifteenth regular session, the General Assembly considered
the following topics related to human rights and the Commission's
activities:
a) Juridical status of
persons granted asylum, refugees and displaced persons in the American
hemisphere.
b) Condemnation of terrorist
methods and practices.
c) Annual report of the
Inter-American Commission on Human Rights and special reports.
d) Tribute to Dr. Andrés
Aguilar, Chairman of the Inter-American Commission on Human Rights.
e) Annual report of the
Inter-American Court of Human Rights.
f) Draft Additional Protocol
to the American Convention on Human Rights.
g) Inter-American Convention
to Prevent and Punish Torture.
With regard to the above-mentioned topics, the General Assembly
adopted the corresponding resolutions, which are transcribed below. AG/RES.
774 /XV-0/85) LEGAL
STATUS OF ASYLEES, REFUGEES, AND DISPLACED PERSONS IN
THE AMERICAN HEMISPHERE (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
CONSIDERING:
That several member states of the OAS have recognized the
international protection extended to refugees under the 1951 Geneva
Convention and its 1967 Protocol and have applied the fair and generous
practices on asylum deriving from regional instruments on this matter;
That although the number of refugees in the American region has
stabilized, the extent and complexity of the problems affecting persons
who in earlier years fled their countries because of armed conflict and
internal unrest is still cause for concern;
That in November 1983, the colloquy on the International
Protection of Refugees in Central America, Mexico and Panama, sponsored
by the Government of Colombia and cosponsored by the Universidad de
Cartagena de Indias, the Regional Center for Third World Studies, and
the United Nations High Commissioner for Refugees (UNHCR), was held in
Cartagena;
That the colloquy in reference adopted the Declaration of
Cartagena on Refugees, the conclusions of which include recommendations
that are consistent with the basic standards on refugees set forth in
various international instruments and could contribute to the adoption
of appropriate measures for the security and protection of this category
of persons in the American region;
That the positive effort the United Nations High Commissioner for
Refugees has been undertaking together with the authorities in the
countries offering asylum and governmental and nongovernmental
organizations that are cooperating in this humanitarian task should also
be pointed out; and
That the effort of the General Secretariat of the OAS and the
Office of the UNHCR under the cooperative program established by the two
agencies in 1982 should also be commended,
RESOLVES:
1. To express its confidence
that the countries of the region will continue to cooperate in an
effective international endeavor on behalf of refugees.
2. To call upon the member
states to create conditions and mechanisms that will permit the
voluntary repatriation of refugees in the hemisphere as a definitive
solution to the distressing problem that affects them.
3. To underscore the
importance of the Declaration of Cartagena on Refugees and recommend to
the member states that they apply that Declaration in dealing with the
refugees in their territory.
4. To note with satisfaction
the progress of the work being carried out under the joint UNHCR/OAS
program and to thank the General Secretariat for its cooperation in this
effort. AG/RES.
775 (XV-0/85) CONDEMNATION
OF TERRORIST METHODS AND PRACTICES (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
Taking into account the consideration given by the United Nations
General Assembly at its fortieth session to the matter of international
terrorism
Deeply concerned by the escalation of terrorist acts of all
kinds, which endanger the lives of innocent human beings and cause the
loss of lives, threaten fundamental freedoms, and seriously affront
human dignity;
Aware of the need to uphold and safeguard the basic rights of
individuals in conformity with the pertinent international instruments
on human rights; and
Concerned by the fact that in recent years terrorism has taken
forms that have become increasingly injurious to the international
community,
RESOLVES:
1. To express its
unequivocal support for the consideration given to the matter of
international terrorism by the United Nations General Assembly at its
fortieth session.
2. To deplore deeply the
loss of innocent human lives which results from terrorist acts.
3. To condemn unequivocally
as criminal all acts, methods and practices of terrorism wherever and by
whoever committed, including those which jeopardize friendly relations
among states and their security.
4. To urge all member states
to cooperate more closely with each other, especially through the
exchange of relevant information concerning the prevention and combating
of terrorism, apprehension and prosecution or extradition of the
perpetrators of such acts, the conclusion of special treaties and/or the
incorporation of special clauses into appropriate bilateral treaties,
especially clauses into appropriate bilateral treaties, especially
clauses on the extradition or prosecution of terrorists.
5. To transmit this
resolution to the President of the United Nations General Assembly and
the Secretary General of that organization so that the position of the
American States may be duly noted. AG/RES.
778 (XV-0/85) ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS AND
SPECIAL REPORTS (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
HAVING SEEN the annual report of the Inter-American Commission on
Human Rights (AG/doc.1918/85), the special reports on the human rights
situation in Chile (AG/doc.1919/85) and in Suriname (AG/doc.1920/85),
and the observations and replies of governments; and
CONSIDERING:
That the member states of the Organization of American States
have proclaimed in its Charter that respect for the fundamental rights
of the individual, without distinction as to race, nationality, creed,
or sex, is one of the principles of the Organization; and
That the paramount function of the Inter-American Commission on
Human Rights is to promote the observance and defense of human rights, a
noble undertaking in which all the states in the region and the organs
and agencies of the inter-American system should cooperate,
RESOLVES:
1. To note with interest the
annual report and the recommendations of the Inter-American Commission
on Human Rights and to thank and commend it for its thorough and
important work in the field of protection and promotion of human rights.
2. To urge the governments
of the states mentioned in the annual report to follow the pertinent
recommendations of the Commission, in accordance with their
constitutional precepts and domestic laws, in order to ensure the
faithful observance of the human rights enshrined in the American
Declaration of the Rights and Duties of Man and the American Convention
on Human Rights.
3. To take note of the
report on the human rights situation in Suriname, the modest progress
made, as stated in the report itself, and the conclusions of the
Inter-American Commission on Human Rights, and to urge the government of
that country to follow the pertinent recommendations of the Commission.
4. To take note of the
comments and observations of the governments of the member states and of
the information on the measures they have taken and will continue to
take for the purpose of guaranteeing human rights in their countries.
5. To recommend to those
member states that have yet to do so that they reestablish and perfect
one system of representative democracy resulting from free elections and
universal suffrage and the secret ballot. Without prejudice to the
foregoing, the characteristics and circumstances peculiar to each
country will be taken into account, the laws of each will be respected
and, in any event, all citizens will be given access to the mass
communication media and will enjoy all the other guarantees required to
ensure that the results of the election represent the popular will.
6. To note with satisfaction
the recent elections held in Guatemala and the contents of Chapter II of
the annual report of the Inter-American Commission on Human Rights
concerning facilities extended by the government during the on-site
visit and the commitment to refrain from reprisals against individuals
and institutions presenting complaints or testimony; to thank the
authorities and the people of Guatemala generally for their cooperation
and hospitality; and to express the hope for prompt consolidation of
democracy in that country that will guarantee full respect for human
rights.
7. To express its pleasure
with the measures adopted by the governments of Argentina and Uruguay
which highlight their strong inclination to strengthen the rule of law
and the democratic rule of government so as to consolidate systems that
will ensure full respect for human rights, as set forth in Chapter IV of
the report of the Inter-American Commission on Human Rights.
8. To express its
satisfaction with the measures adopted by the Government of Peru on July
1985, to guarantee full respect for human rights and basic freedoms and
to consolidate the rule of law and democracy within its territory.
9. To express its
satisfaction with the process under way in Honduras to strengthen the
democratic rule of government that will ensure the full exercise of
human rights.
10. To express further its
pleasure with the deposit by Uruguay of its instrument of ratification
of the American Convention on Human Rights.
11. To invite the
governments of the member states to present to the Inter-American
Commission on Human Rights, by June 30, 1986, proposals on the contents
of an Additional Protocol to the American Convention on Human Rights
pertaining to economic, social, and cultural rights, especially with
regard to definition of the rights protected and the institutional
mechanisms that should be established in order to ensure their adequate
protection, so that the Commission may submit the draft Additional
Protocol on that subject to a forthcoming session of the General
Assembly.
12. To urge the member
states to extend support and, insofar as possible, to implement the
conclusions and recommendations of the Declaration of Cartagena on
Refugees, adopted on November 22, 1984, by the Colloquy on the
International Protection of Refugees in Central America, Mexico, and
Panama.
13. To recommend that the
member states take effective measures to ensure the strengthening and
independence of the judicial branch.
14. To reiterate to the
member states the recommendation that they incorporate in their official
study programs, for both primary and secondary schools, the teaching of
human rights as defined in the respective constitutions and in the
corresponding international instruments. AG/RES.
779 /XV-0/85) TRIBUTE
TO DR. ANDRÉS AGUILAR, CHAIRMAN OF THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
CONSIDERING:
That Dr. Andrés Aguilar, the distinguished Venezuelan jurist and
current Chairman of the Inter-American Commission on Human Rights, will
complete his term of office as a member of that Commission on December
31, 1985; and
That in the nearly fourteen years during which he has been a
member of the Commission and on the several occasions during that period
on which he served as its Chairman, the performance of Dr. Andrés
Aguilar in protecting and promoting human rights in the hemisphere has
been outstanding,
RESOLVES:
To express its deep appreciation to Dr. Andrés Aguilar for the
significant contribution he has made to the defense of human rights in
the Americas. AG/RES.
780 (XV-0/85) ANNUAL
REPORT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
HAVING SEEN the annual report of the Inter-American Court of
Human Rights (AG/doc.1921/85); and
CONSIDERING:
That the Charter of the Organization of American States proclaims
the existence of the fundamental rights of the individual and the need
to safeguard them and provides for holding a special convention on the
matter;
That the American Convention on Human Rights concluded pursuant
to that provision of the Charter created the Inter-American Court of
Human Rights as one of the organs of the regional system responsible for
guaranteeing the protection of human rights in the American States;
That the Protocol of Amendment adopted in Cartagena de Indias by
the fourteenth special session of the General Assembly reconfirms the
existence of human rights and the need to safeguard them as a
cornerstone of the inter-American system;
That nineteen member states of the Organization have ratified or
acceded to the Convention;
That in the course of this year, two countries—Uruguay and
Colombia—have accepted the Court's compulsory jurisdiction (Article
62.1 of the Convention), thus raising to eight the number of states that
have now done so;
That the system established for the effective protection of human
rights in the hemisphere is able to function fully only with the
participation of the two organs created for that purpose: the Commission
and the Court;
That full development of the inter-American system to protect
human rights requires more complete use of the overall authority of the
bodies responsible for securing that use, and that the Court is called
upon to fulfill specific functions in individual cases involving
interpretation or application of the American Convention on Human
Rights;
That all member states and organs of the OAS have access to the
consultative services of the Court and in the exercise of its advisory
function the Court has built up a doctrine which develops and gives more
concrete content to the Convention; and
That the procedural rules of the Court allow all member states of
the OAS to set forth their points of view with respect to the advisory
opinions requested of the Court, which has opened an important new
avenue for regional participation in the development of the body of
legal doctrine of the inter-American system in the field of human
rights,
RESOLVES:
1. To express the
appreciation of the Organization for the work performed by the
Inter-American Court of Human Rights, as reflected in its annual report.
2. To urge the member states
of the OAS which have not yet done so to ratify or accede to the
American Convention on Human Rights.
3. To express its hope that
all of the states which are parties to the American Convention on Human
Rights will acknowledge the Court's compulsory jurisdiction.
4. To urge the member states
of the Organization and the organs listed in Chapter X of the Charter,
especially the Inter-American Commission on Human Rights, to make full
use of the Court's competence to the extent they are empowered to do so
by the Pact of San José, particularly with reference to hearing and
deciding cases involving interpretation and application of the
Convention.
5. To urge the member states
of the Organization to make use to the best of their ability of the
authority accorded to them in the procedural rules of the Court, by
presenting their views on the advisory opinions requested of the Court. AG/RES.
781 (XV-0/85) DRAFT
ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS
(PACT OF SAN JOSÉ) (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
HAVING SEEN the report of the Permanent Council on proposals
concerning the draft Additional Protocol to the American Convention on
Human Rights (AG/doc.1956/85); and
CONSIDERING:
That at its fourteenth regular session, the General Assembly,
through resolution AG/RES. 742 (XIV-0/84), invited the member states and
other interested organs and entities to present specific proposals on
the content of the draft Additional Protocol to the American Convention
on Human Rights as regards economic, social, and cultural rights,
especially as regards definition of the rights subject to protection and
the institutional mechanisms that should be created to ensure their
adequate protection; and
Thus far, only the Governments of Ecuador and Venezuela and the
Inter-American Court of Human Rights have presented proposals on the
content of that draft Protocol,
RESOLVES:
1. To renew the invitation
to the member states and interested organs and agencies to present to
the Permanent Council the proposals referred to in the first paragraph
of the preamble within six months of the date on which this resolution
is adopted.
2. To request the Permanent
Council to report to the General Assembly on the findings of its study,
with any recommendations it might deem pertinent. AG/RES.
783 (XV-0/85) INTER-AMERICAN
CONVENTION TO PREVENT AND PUNISH TORTURE (Resolution
adopted at the third plenary session, held
on December 9, 1985)
THE GENERAL ASSEMBLY,
CONSIDERING:
That at its eighth regular session the General Assembly requested
the Inter-American Juridical Committee to prepare, in cooperation with
the Inter-American Commission on Human Rights, a draft convention
defining torture as an international crime [AG/RES. 368 (VIII-0/78)];
That in pursuance of that mandate, the Inter-American Juridical
Committee, in coordination with the Inter-American Commission on Human
Rights, prepared a draft convention on the matter in 1980 and
transmitted it to the Permanent Council;
That the Permanent Council forwarded the draft to the General
Assembly, which, at its tenth regular session, adopted resolution
AG/RES. 509 (X-0/80), by whose operative paragraph 2 provides as
follows: To
forward that draft with its statement of reasons and the explanation of
votes given by the members of the Committee to the governments of the
member states for their consideration, so that they may formulate their
observations and comments and send them to the Permanent Council before
April 30, 1981, so that the Council may introduce the appropriate
amendments in the draft Convention and submit it to the next regular
session of the General Assembly.
That after receiving the observations and comments of the
governments of several member states, the Permanent Council, through its
Committee on Juridical and Political Affairs, undertook the study of the
draft convention prepared by the Inter-American Juridical Committee and
reported periodically to the General Assembly on the progress of the
work related to the matter;
That the General Assembly repeatedly extended the mandate of the
Permanent Council for the continued study of the draft convention
[AG/RES. 547 /XI-0/81), AG/RES. 624 /XII-0/82) and AG/RES. 664
(XIII-0/83)];
That at its fourteenth regular session the General Assembly
expressed the need for considering the draft convention on the subject
that had been prepared by the Inter-American Juridical Committee and
revised by the Permanent Council and adopting an inter-American
convention on the subject [AG/RES. 736 (XIV-0/84)];
That the Permanent Council submitted a further report on the
study of this important topic (AG/doc.1962/85) to the General Assembly
at its fifteenth regular session; and
That during this regular session the draft contained in the
report of the report of the Permanent Council referred to in the
preceding paragraph was considered and it was agreed to adopt a
convention designed to prevent and punish torture,
RESOLVES:
1. To adopt the following
Inter-American Convention to Prevent and Punish Torture:
INTER-AMERICAN CONVENTION TO PREVENT AND
PUNISH TORTURE The
American States signatory to the present Convention, Aware
of the provisions of the American Convention on Human Rights that no one
shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment; Reaffirming
that all acts of torture or any other cruel, inhuman, or degrading
treatment or punishment constitute an offense against human dignity and
a denial of the principles set forth in the Charter of the Organization
of American States and in the Charter of the United Nations and are
violations of the fundamental human rights and freedoms proclaimed in
the American Declaration of the Rights and Duties of Man and the
Universal Declaration of Human Rights; Noting
that, in order for the pertinent rules contained in the aforementioned
global and regional instruments to take effect, it is necessary to draft
an Inter-American Convention that prevents and punishes torture; Reaffirming
their purpose of consolidating in this hemisphere the conditions that
allow for recognition of and respect for the inherent dignity of man,
and ensure the full exercise of his fundamental rights and freedoms, Have
agreed upon the following: Article
1 The
States Parties shall prevent and punish torture in accordance with the
terms of this Convention. Article
2 For
the purposes of this Convention, torture shall be understood to be any
act intentionally performed whereby physical or mental pain or suffering
is inflicted on a person for purposes of criminal investigation, as a
means of intimidation, as personal punishment, as a preventive measure,
as a penalty, or for any other purpose. Torture shall also be understood
to be the use of methods upon a person intended to obliterate the
personality of the victim or to diminish his physical of mental
capacities, even if they do not cause physical pain or mental anguish. The
concept of torture shall not include physical or mental pain or
suffering that is inherent in or solely the consequence of lawful
measures, provided that they do not include the performance of the acts
or use of the methods referred to in this article. Article
3 The
following shall be held guilty of the crime of torture: a.
A public servant or employee who acting in that capacity orders,
instigates or induces the use of torture, or who directly commits it or
who, being able to prevent it, fails to do so. b.
A person who at the instigation of a public servant or employee
mentioned in subparagraph (a) orders, instigates or induces the use of
torture, directly commits it or is an accomplice thereto. Article
4 The
fact of having acted under orders of a superior shall not provide
exemption from the corresponding criminal liability. Article
5 The
existence of circumstances such as a state of war, threat of war, state
of siege or of emergency, domestic disturbance or strife, suspension of
constitutional guarantees, domestic political instability, or other
public emergencies or disasters shall not be invoked or admitted as
justification for the crime of torture. Neither
the dangerous character of the detainee or prisoner, nor the lack of
security of the prison establishment or penitentiary shall justify
torture. Article
6 In
accordance with the terms of Article 1, the States Parties shall take
effective measures to prevent and punish torture within their
jurisdiction. The
States Parties shall ensure that all acts of torture and attempts to
commit torture are offenses under their criminal law and shall make such
acts punishable by severe penalties that take into account their serious
nature. The
States Parties likewise shall take effective measures to prevent and
punish other cruel, inhuman, or degrading treatment or punishment within
their jurisdiction. Article
7 The
States Parties shall take measures so that, in the training of police
officers and other public officials responsible for the custody of
persons temporarily or definitively deprived of their freedom, special
emphasis shall be put on the prohibition of the use of torture in
interrogation, detention, or arrest. The
States Parties likewise shall take similar measures to prevent other
cruel, inhuman, or degrading treatment or punishment. Article
8 The
States Parties shall guarantee that any person making an accusation of
having been subjected to torture within their jurisdiction shall have
the right to an impartial examination of his case. Likewise,
if there is an accusation or well-grounded reason to believe that an act
of torture has been committed within their jurisdiction, the States
Parties shall guarantee that their respective authorities will proceed
ex officio and immediately to conduct an investigation into the case and
to initiate, whenever appropriate, the corresponding criminal process. After
all the domestic legal procedures of the respective State and the
corresponding appeals have been exhausted, the case may be submitted to
the international for a whose competence has been recognized by that
State. Article
9 The
States Parties undertake to incorporate into their national laws
regulations guaranteeing adequate compensation for victims of torture. None
of the provisions of this article shall affect the right to receive
compensation that the victim or other persons may have by virtue of
existing national legislation. Article 10 No
statement that is verified as having been obtained through torture shall
be admissible as evidence in a legal proceeding, except in a legal
action taken against a person or persons accused of having elicited it
through acts of torture, and only as evidence that the accused obtained
such statement by such means. Article 11 The States Parties shall take the necessary steps to extradite anyone accused of having committed the crime of torture or sentenced for commission of that crime, in accordance with their respective national laws on extradition and their international commitments on this matter. Article 12 Every State Party shall take the necessary measures to establish its jurisdiction over the crime described in this Convention in the following cases: a. When torture has been committed within its jurisdiction; b. When the alleged criminal is a national of that State; or c. When the victim is a national of that State and it so deems appropriate. Every
State Party shall also take the necessary measures to establish its
jurisdiction over the crime described in this Convention when the
alleged criminal is within the area under its jurisdiction and it does
not proceed to extradite him in accordance with Article 11. This
Convention does not exclude criminal jurisdiction exercised in
accordance with domestic law. Article
13 The
crime referred to in Article 2 shall be deemed to be included among the
extraditable crimes in every extradition treaty entered into between
States Parties. The States Parties undertake to include the crime of
torture as an extraditable offence in every extradition treaty to be
concluded between them. Every
State Party that makes extradition conditional on the existence of a
treaty may, if it receives a request for extradition from another State
Party with which it has no extradition treaty, consider this Convention
as the legal basis for extradition in respect of the crime of torture.
Extradition shall be subject to the other conditions that may be
required by the law of the requested State. States
Parties which do not make extradition conditional on the existence of a
treaty shall recognize such crimes as extraditable offences between
themselves, subject to the conditions required by the law of the
requested State. Extradition
shall not be granted nor shall the person sought be returned when there
are grounds to believe that his life is in danger, that he will be
subjected to torture or to cruel, inhuman or degrading treatment, or
that he will be tried by special or ad hoc courts in the requesting
State. Article
14 When
a State Party does not grant the extradition, the case shall be
submitted to its competent authorities as if the crime had been
committed within its jurisdiction, for the purposes of investigation,
and when appropriate, for criminal action, in accordance with its
national law. Any decision adopted by these authorities shall be
communicated to the State that has requested the extradition. Article
15 No
provision of this Convention may be interpreted as limiting the right of
asylum, when appropriate, nor as altering the obligations of the States
Parties in the matter of extradition. Article
16 This
Convention shall not affect the provisions of the American Convention on
Human Rights, other conventions on the subject, or the Statutes of the
Inter-American Commission on Human Rights, with respect to the crime of
torture. Article
17 The
States Parties shall inform the Inter-American Commission on Human
Rights of any legislative, judicial, administrative, or other measures
they adopt in application of this Convention. In
keeping with its duties and responsibilities, the Inter-American
Commission on Human Rights will endeavor in its annual report to analyze
the existing situation in the member states of the Organization of
American States in regard to the prevention and elimination of torture. Article 18 This
Convention is open to signature by the member states of the Organization
of American States. Article
19 This
Convention is subject to ratification. The instruments of ratification
shall be deposited with the General Secretariat of the Organization of
American States.
Article 20 This
Convention is open to accession by any other American state. The
instruments of accession shall be deposited with the General Secretariat
of the Organization of American States. Article
21 The
States Parties may, at the time of approval, signature, ratification, or
accession, make reservations to this Convention, provided that such
reservations are not incompatible with the object and purpose of the
Convention and concern one or more specific provisions. Article
22 This
Convention shall enter into force on the thirtieth day following the
date on which the second instrument of ratification is deposited. For
each State ratifying or acceding to the Convention after the second
instrument of ratification has been deposited, the Convention shall
enter into force on the thirtieth day following the date on which that
State deposits its instrument of ratification or accession. Article
23 This
Convention shall remain in force indefinitely, but may be denounced by
any State Party. The instrument of denunciation shall be deposited with
the General Secretariat of the Organization of American States. After
one year from the date of deposit of the instrument of denunciation,
this Convention shall cease to be in effect for the denouncing State but
shall remain in force for the remaining States Parties. Article
24 The original instrument of this Convention, the English, French, Portuguese, and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy to the Secretariat of the United Nations for registration and publication, in accordance with the provisions of Article 102 of the United Nations Charter. The General Secretariat of the Organization of American States shall notify the member states of the Organization and the States that have acceded to the Convention of signatures and of deposits of instruments of ratification, accession, and denunciation, as well as reservations, if any.
2. To remind the member
states that, under the terms of Article 18 of the above Convention, it
is open to signature by the member states of the Organization of
American States.
3. To invite the governments
of the member states to sign the Inter-American Convention to Prevent
and Punish Torture during this fifteenth regular session of the General
Assembly.
D.
Sixty-Seventh session
The sixty-seventh session of the IACHR was held April 8-18, 1986,
and was attended by all the Commission's members.
At that session, the three new members elected in December by the
OAS General Assembly in Cartagena de Indias, Colombia, assumed their
posts. They were Ms. Elsa Kelly (Argentina), and Messrs. Oliver Jackman
(Barbados) and Marco Tulio Bruni Celli (Venezuela). They succeeded the
three members that had left their posts: Messrs. Andrés Aguilar
(Venezuela), César Sepúlveda (México) and Luis Demetrio Tinoco Castro
(Costa Rica).
At the beginning of the session, the following new officers were
elected: Luis Adolfo Siles Salinas, Chairman; Gilda Russomano, First
Vice Chairman; and Marco Tulio Bruni Celli, Second Vice Chairman.
The Commission also paid posthumous tribute to Dr. Luis Demetrio
Tinoco Castro, who had died after a long and difficult illness in his
native country of Costa Rica on March 24, 1986. He had been a dedicated
fighter for the cause of human rights and for the last seven years had
been a member of the IACHR, where he served as Vice Chairman on several
occasions and also as acting Chairman.
One of the main activities during this period was consideration
and approval of the format and guidelines that are to be followed in
preparation of the annual report that will be subject to final approval
at its next meeting for submission to the sixteenth regular session of
the OAS General Assembly.
At that time, the Commission also gave final approval to its
report on the status of human rights in Guatemala for the period between
August 8, when General Oscar Mejía Víctores assumed the presidency,
until October 3, 1985, which is the date of the report in reference. The
report was forwarded to the Government of Guatemala together with a copy
of the resolution approving it, and it was made public on April 30,
1986.
At that time the Commission also considered the status of human
rights in other OAS member countries. At this session, special attention
was paid to the following countries: Chile, El Salvador, Haiti,
Honduras, Nicaragua, Paraguay and the United States.
It also continued observing its close monitoring of the status of
human rights in the Central American region, and manifested its support
for the Contadora Group and the Support Group with regard to the efforts
both are making towards a political solution, democratization and
respect for human rights in this.
Lastly, at its final sessions, the Commission was pleased to
welcome Professor Thomas Buergenthal, President of the Inter-American
Court of Human Rights, with whom it engaged in an interesting exchange
of opinions that doubtless will make it possible to achieve closer
coordination and more effective cooperation between the two organs for
protection of human rights established by the 1969 Pact of San Jose,
Costa Rica. In this regard, it is worthy of special mention that among
the resolutions that were adopted by the IACHR during this session, four
were approved (one on Costa Rica and three on Honduras) which may
involve the submission and decision of these cases by the Inter-American
Court of Human Rights.
As usual, at the two above mentioned sessions, the IACHR
considered, in accordance with its statutes and regulations, several
denunciations and numerous cases of alleged violations of human rights
in the OAS member states. It adopted the pertinent resolutions with
regard to these and various administrative matters related to the
promotion of human rights; and meetings were held with the individuals
and representatives of institutions that so requested at the appropriate
time.
E.
Activities carried out after the 67th session
The Chairman and the Executive Secretary represented the
Commission at a seminar on Human rights held in La Paz, Bolivia, May
19-30, to which they were invited by the United Nations. The main topic
of the seminar, the first one that has been organized in accordance with
resolution 1985/26 of the United Nations Commission on Human Rights,
dealt with the protection of such rights and the most relevant
experiences of the international organizations. The Executive Secretary,
Mr. Vargas Carreño, spoke on the protection of those rights in the
inter-American system.
From June 1 through 7, 1986 and with the corresponding permission
from the Government of Honduras, attorney Luis F. Jiménez went to the
country to study the situation that had provoked the arrival of new
Miskito refugees from Nicaragua. The proposed trip by Mr. Jiménez to
Nicaragua could not take place because prior authorization to visit that
country was not granted by the Nicaraguan authorities.
F.
On site visit to El Salvador
At its 67th session in April 1986, the Commission
decided to ask the Government of El Salvador for its consent to a visit
by a Special Commission that would hold discussions with the Salvadoran
authorities and work out with them a procedure for resolving a set of
cases on which the Government had neither responded nor provided
information, and to conduct an investigation. The Commission also
decided that it would at that time investigate Case 9621, in which
political prisoners alleged certain violations, including mistreatment
and torture prior to their being imprisoned in the La Esperanza prison,
Cantón de Mariona (men) and the Ilopango prison (women).
Following that decision, the Chairman met with the Ambassador of
El Salvador to the OAS, His Excellency Pablo Mauricio Alvergue, on April
15, 1986 and delivered the note requesting the Government of El
Salvador's consent. On June 30, the Government agreed to the visit,
which took place August 10-16, 1986. The Special Commission of the IACHR
consisted of the Chairman, Luis Adolfo Siles and the Vice Chairman,
Marco Tulio Bruni Celli, who were accompanied by Manuel Velasco Clark
and Luis Jiménez, attorneys of the Executive Secretariat, and Dafne
Murgia and Olga Troncoso, of the Secretariat staff.
During its stay in El Salvador, the Commission met with the
President of El Salvador, the President of the Legislative Assembly, the
President of the Supreme Court, the Ministers of Foreign Affairs,
Justice and the Interior, the Head of the Joint Chiefs of Staff, the
Deputy Ministers of Defense and Public Safety and the Heads of the
National Police, the National Guard and the Treasury Police, the
Salvadoran Law Review Commission, the representative of the
International Red Cross, the Auxiliary Bishop of San Salvador, Monsignor
Gregorio Rosa Cháves, the Rector of the Central American University
(UCA), the Director of the Human Rights Institute of UCA, the Director
of the Government Human Rights Commission of El Salvador, the
Worker-Peasant National Union, the Committee of Mothers and Disappeared
Political Prisoners, the representatives of Legal Aid and Legal Defense,
and other civilian and military authorities. The Commission also met
with and heard the testimony of hundreds of political prisoners held in
the Ilopango women's prison and the Mariona men's prison in San
Salvador.
As a result of its visit, the Commission received the assurances
from the Government of El Salvador that the cases in which information
is lacking will be investigated and a response will be forthcoming;
future requests for information by the IACHR will be given preferential
treatment, and the investigation of Case 9621 on the condition of
political prisoners in El Salvador that has just been opened will
continue, with the cooperation of the Salvadoran authorities and with
periodic visits of the professional staff of the IACHR Secretariat.
G.
Joint Meeting with the Inter-American Court of Human Rights
September 16 and 17, 1986 at the Carter Center in Atlanta,
Georgia, the Members of the Commission held a meeting with the judges of
the Inter-American Court of Human Rights, assisted by the Executive
Secretary of the Commission, the Secretary of the Court and staff
members of the Secretariat of both bodies.
During the meeting, aspects relative to the contentious and the
advisory jurisdiction of the Court were discussed, as well as the
participation of the Inter-American Commission on Human Rights in both
situations. Also, various aspects relative to the inter-American system
for the protection and promotion of human rights were considered. The meeting provided an excellent opportunity to further strengthen the cooperation and coordination between the two organs provided for in the Pact of San Jose of Costa Rica for the defense of human rights in the Americas.
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