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CHAPTER
II ACTIVITIES OF THE IACHR
The present report covers the performed by the Commission
during 1993.
1.
SESSIONS
The IACHR held its 83rd regular session from March 1º through
12, 1993 and its 84th from October 1º through 15, 1993.
a.
Eighty-third session
At this session the new officers of the Inter-American
Commission on Human Rights were elected.
Dr. Oscar Luján Fappiano was elected Chairman, Professor
Michael Reisman First Vice Chairman, and Dr. Alvaro Tirado Mejía
Second Vice Chairman; and members Mr. Oliver H. Jackman and Drs. Leo
Valladares Lanza, Marco Tulio Bruni Celli and Mr. Patrick L. Robinson
participated.
The Commission examined and approved the Annual Report
1992-1993 for presentation to the General Assembly at its twenty-third
regular session.
The Commission granted hearings to representatives of
governments and nongovernmental organizations and to individuals
interested in the subject of human rights.
Testimony was heard on the general situation of fundamental
rights in different countries and in relation to individual cases.
It also approved a special report on the human rights situation
in Haiti, which establishes that in the last year there was a marked
increase in violations of human rights in that country.
In the course of the session the Commission received the
Constitutional President of Haiti, Jean Bertrand Aristide, who
referred to the violations committed by the military and expressed
that it was essential that the Commission establish a presence in
Haiti.
The Commission also received Mr. Dante Caputo, Special Envoy to
Haiti of the Secretary-General of the United Nations and the Secretary
General of the OAS, who reported on the general human rights situation
in that country.
During this session the Commission issued a Declaration
(referred to in Press Communique 6/93 on the situation of Haitian
refugees calling on member states to take emergency measures to
prevent the dangers suffered by Haitians fleeing repression and
persecution who are nonetheless being repatriated.
The Commission examined the invitation of the Government of Peru
to make an on-site visit to the country, which it accepted, carrying out
its subsequent visit from 17 to 21 May.
The Commission also decided to publish its special report on the
human rights situation in Peru, which was submitted to the General
Assembly for consideration at its twenty-third regular session.
b.
Eighty-fourth session
At the Commission's 84th session all the members were present:
Dr. Oscar Luján Fappiano, Chairman; Prof. Michael Reisman, First Vice
Chairman; Dr. Alvaro Tirado Mejía, Second Vice Chairman; and members
Mr. Oliver H. Jackman, Dr. Leo Valladares Lanza, Dr. Marco Tulio Bruni-Celli,
and Mr. Patrick L. Robinson.
During this session the Commission granted hearings to
representatives of governments and nongovernmental organizations and
to individuals interested in the subject of human rights.
Testimony was heard on the general situation of the fundamental
rights in different countries and in relation to individual cases in proceedings
before the Commission.
The Commission received the Minister of Foreign Affairs of El
Salvador, who referred to the human rights situation in that country, in
the period following the signing of the peace agreements.
The Salvadoran Foreign Minister expressed the wish of the
Government of El Salvador that the IACHR conduct the on-site visit that
had been postponed from April 1993.
Further, the Commission approved a Special Report on the
Situation of Human Rights in El Salvador, which was transmitted to the
Government. The Commission
also decided to publish its Second Report on the Situation of Human
Rights in Colombia.
The Commission reviewed matters before the Inter-American Court
of Human Rights, and decided to request the application of provisional
measures in one case and to submit a request for an advisory opinion in
another matter.
Finally, the Commission reviewed the general human rights
situation in the American States, the reports on the individual cases in
process, took decisions as required, and considered the possibility of
submitting one case to the Inter-American Court of Human Rights. 2.
TWENTY-THIRD REGULAR SESSION OF THE GENERAL ASSEMBLY OF THE OAS
The Commission attended the twenty-third regular session of the
General Assembly, which was held from June 7 through 11, 1993 in
Managua, Nicaragua. The
Commission was represented by its Chairman, Dr. Oscar Luján Fappiano,
and by Dr. Edith Márquez Rodríguez, Executive Secretary, and Dr. David
Padilla, Assistant Executive Secretary.
The resolutions approved at that session included the one
concerning the Annual Report of the IACHR, which reads as follows:
AG/RES.
1213 (XXIII-O/93)
ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
AND SPECIAL REPORTS ON THE SITUATION OF HUMAN RIGHTS
(Resolution adopted at the ninth plenary session, held
on June 11, 1993)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Inter-American Commission on
Human Rights (CP/CAJP-894/93), the special reports on the situation of
human rights in Haiti and Peru (CP/CAJP-895/93) and (CP/CAJP-896/93),
the statements made by the Chairman of the Commission, and the
observations and recommendations made by the President Council of the
Organization regarding those reports (AG/doc.2953/93 and addenda); and
CONSIDERING:
That the member states of the Organization of American States
have proclaimed as one of their fundamental principles, enshrined in
their Chapter, respect for the rights of the individual without
distinction as to race, nationality, creed, or sex;
That the principal function of the Inter-American Commission on
Human Rights is to promote the observance and protection of human rights
and to serve as a consultative body of the Organization;
That the ideal of a free human being, unfettered by fear or
poverty, can only be realized if conditions are established which permit
individuals to enjoy their economic, social, and cultural rights, as
well as their civil and political rights:
That international protection of human rights reinforces or
complements the protection afforded by the internal laws of the member
states, and is based upon the attributes of the human individual;
That one of the aims of the Organization is to promote and
consolidate representative democracy while respecting the principles of
nonintervention and free self-determination;
That this year a World Conference on Human Rights will be held in
Vienna, Austria:
That effective exercise of representative democracy is the best
guarantee that human rights will be fully respected; and
That the member states recognize the indissoluble link between
human rights, democracy, and development,
RESOLVES:
1. To take note of the Annual Report of the Inter-American
Commission on Human Rights and of the special reports on Haiti and Peru.
2. To receive the recommendations and observations which the
Permanent Council presented for consideration by the General Assembly
(AG/doc.2953/93 and addenda), and to transmit them together with those
contained in this resolution, where relevant, to the Inter-American
Commission on Human Rights.
3. To take note of the comments and observations of the member
state governments regarding the Annual Report and the special reports of
the Commission, and of the steps the governments are taking to
strengthen the promotion, observance and protection of human rights.
4. To take note of the work done by the Inter-American
Commission on Human Rights in response to the grave human rights
situation in Haiti, and to reiterate the need to place the Commission in
a position to fulfill completely the mandates conferred by the ad hoc
Meeting of Ministers of Foreign Affairs, in accordance with the relevant
paragraphs of resolution MRE/RES. 1, 2, 3, and 5, and in particular to
conduct an on-site visit to that country.
5. To take particular note, bearing in mind the relevant section
of the Annual Report of the Inter-American Commission on Human Rights,
of progress made by interested parties in reaching friendly settlements
based on respect for human rights in accordance with the provisions of
the Inter-American Convention on Human Rights and the Regulations of the
Inter-American Commission on Human Rights.
6. To urge the Inter-American Commission on Human Rights to
continue with particular zeal its work in support of economic, social
and cultural rights in order to contribute in this way to the
development of the member states.
7. To take note of the progress made by the Inter-American
Commission on Human Rights regarding the recommendations contained in
resolution AG/RES. 1044 (XX-O/90) and those conveyed in the Program of
Action for Strengthening the OAS in the Area of Human Rights [AG/RES.
1112 (XXI-O/91)], and to urge it to continue carrying out such studies
as prove necessary to comply with them fully, in cooperation with the
specialized organizations of the OAS.
8. To invite the Inter-American Commission on Human Rights to
provide cooperation and assistance, within the framework of
consolidation of democratic systems and at the request of the state
concerned, regarding the promotion and protection of human rights in
coordination, where appropriate, with other bodies, organizations, and
institutions of the inter-American system.
9. To urge member states, as appropriate, to sign, ratify or
accede to the various Inter-American instruments for the protection and
promotion of human rights and to accept the competence of the
Inter-American Commission on Human Rights to receive and examine
communications from states concerning other states in accordance with
Article 45, paragraph 1, of the American Convention on Human Rights,
and. likewise, to recognize as binding the jurisdiction of the
Inter-American Court of Human Rights.
10. To reiterate its request to the member state governments to
continue granting the necessary guarantees to nongovernmental human
rights organizations and their members, so that they can continue their
activities in accordance with the constitutional and legal norms of each
country.
11. To recall the importance of observance, promotion and
protection of the rights of women, refugees, disabled persons,
minorities, victims of racial discriminations, migrant workers, and
"at risk" groups, and to urge the Inter-American Commission on
Human Rights to continue paying attention to these issues.
12. To emphasize the dire need to strengthen mechanisms and
programs for the defense and protection of children in the Hemisphere,
and to urge the member states to collaborate with the Inter-American
Commission on Human Rights and the Inter-American Children's Institute
in this regard.
13. To express its concern about renewed condemnation of all
forms of terrorism, including crimes perpetrated by irregular armed
groups, which threaten the exercise of democracy and adversely affect
the observance of human rights, and to recommend that the Commission
continue providing information in the areas envisaged in paragraph (c)
of resolution AG/RES. 1112 (XXI-O/91) under "Recommendations to the
Inter-American Commission on Human Rights, "taking into account,
among other sources, the information provided by the member states.
14. To take note of progress made by the Inter-American
Commission on Human Rights, and of the comments made by the member
states and various indigenous institutions, regarding the possible
preparation of a legal instrument dealing with the rights of indigenous
people and communities, and to urge that work on this should continue.
15. To reiterate that in its annual report the Commission should
strike a general balance of how human rights have fared in all of the
member states of the OAS, taking into account, among other sources,
information supplied by member states.
16. To urge those member state governments that have not yet done
so to incorporate the subject of human rights at different levels in
their educational systems, in accordance with their internal laws, and
to recommend that dissemination of information about the various facets
of human rights should be made a priority of each state's educational
policy.
17. To recommend that the Inter-American Juridical Committee
continue including conferences and seminars publicizing various aspects
of human rights issues in its annual courses in international law.
18. To take note of the progress made in the effective observance
of human rights in the region, especially the steps taken by member
states to enhance the promotion, observance, and protection of human
rights in their own state, and at the same time to express concern of
the continuing existence of situations in which human rights are
violated.
19. To instruct the Inter-American Commission on Human Rights to
provide information concerning the possible repercussions of the results
of the World Conference on Human Rights on the development and
strengthening of human rights in the Inter-American system.
20. To recognize and encourage the Inter-American Commission on
Human Rights in its importance and difficult work to foster the
effective protection and promotion of human rights in the Hemisphere,
and to urge the member states to continue supporting and collaborating
with the Commission, endowing it with the resources it needs to be able
to fulfill its objectives.
3.
OBSERVATIONS AND ON-SITE VISITS OF THE COMMISSION
a.
On-site visit to Peru The
Commission, consisting of Dr. Oscar Luján Fappiano, Chairman; Michael
Reisman, First Vice Chairman, and member Dr. Leo Valladares Lanza, and
assisted by Dr. Edith Márquez Rodríguez, Executive Secretary, Dr.
David J. Padilla, Assistant Executive Secretary; Dr. Domingo Acevedo,
Special Advisor to the Commission, and attorney Sergio Apter, and with
the technical support of Mrs. Daisy Carmelino, Administrative Officer;
Mrs. Gabriela Hageman, Secretary; and Mr. Marcelo Montecino,
Interpreter, conducted an on-site visit to Peru from May 17 through 21,
1993.
During its visit the Commission met with Mr. Alberto Fujimori,
President of the Republic; Mr. Jaime Yoshiyama, Chairman of the
Democratic Constituent Congress (CCD); Dr. Luis Serpa, President of
the Supreme Court of Justice; Dr. Blanca Nélida Cobán, Attorney
General of the Nation; Dr. Oscar de la Puente Raygada, Minister of
Foreign Affairs and Chairman of the Council of Ministers; Dr. Fernando
Vega Santa Gadea, Minister of Justice; General Víctor Malca Villanueva,
Minister of Defense; General Juan Briones Dávila, Minister of
Government; General Guillermo Bovil Cevallos, Director of the National
Police; Vice Admiral Roberto Duboc, Chairman of Supreme Council of
Military Justice; and the Joint Command of the Armed Forces chaired by
General Nicolás Bari Hermosa Ríos and consisting also of Admiral
Alfredo Arnaiz Ambrossiani, General Commander of the Navy, and Air
General José Nadal Paiva.
The Commission also met with the members of the Human Rights Committee
of the Democratic Constituent Congress; with the Chairman and General
Secretary of the Episcopal Congress, Monsignors Augusto Vargas and José
Irizar, and with the Chief of Delegation of the International Committee
of the Red Cross, Mr. George Conminos.
The Commission was also able to meet with representatives of the
National Human Rights Coordination Office, the Andean Commission of
Jurists, the Peruvian Council on International Law, the Democratic
Forum, and the Council for Peace. Delegates
also spoke with other persons and institutions representative of Peruvian
society, such as the College and the National Federation of
Newspapermen, the Peruvian Medical Federation, bar associations, and
press managers. Commission
delegations visited five detention facilities in Lima and two
penitentiaries in Puno to examine conditions and gather information.
The Commission also received members of the families of persons
detained or disappeared, representatives of persons who had presented
complaints in accordance with the provisions of the American Convention
on Human Rights and the Commission's Regulations, and other persons and
entities concerned with human rights in Peru.
b.
On-site visit to Haiti
An IACHR delegation visited Haiti from August 23 through 27
consisting of the following persons: Professor Michael Reisman, First
Vice Chairman of the Commission and head of the delegation, Mr. Oliver
Jackman, Dr. Marco Tulio Bruni Celli, Dr. Leo Valladares Lanza, and Dr.
Patrick Robinson; and assisted by Dr. David Padilla, Assistant Executive
Secretary of the IACHR, Dr. Bertha Santoscoy Noro, senior
specialist, and attorneys Relinda Eddie and Meredith Caplan; and
supported by Mrs. María Julia Meyer, administrative officer, Mr. Serge
Bellegarde and Mrs. Olivière Bellande, French translator and
interpreter, respectively.
In agreeing to the visit by the Commission, the authorities gave
guarantees that it could speak freely and in private with any persons,
groups and organizations it chose, and that no reprisals would be
taken against such persons and organizations.
During its stay the IACHR delegation enjoyed the cooperation
of representatives of organizations of different sectors of Haitian
society, and made good use of this in its efforts to acquire a better
understanding of the human rights situation in the country.
The Commission met Prime Minister Robert Malval; with Mr. François
Benoit, President of the Senate Turneb Delpé; members of Parliament
Fermin Jean Louis, Rony Modestin and Ebran Cadet; and General Raoul
Cedras, Chief of the Armed Forces, and his high command.
The delegation also met with members of the Presidential
Commission Father Antoine Adrien and Mr. Chavannes Jean Baptiste, and
held talks with Ambassador Collin Granderson, Director of the OAS-UN
Civilian Mission, who was accompanied by Mr. Ian Martin, Director for
Human Rights; Mr. Tiebile Dromé, Director of the Human Rights
Investigations Section; and Mrs. María Clara Martin, human rights
investigator of the Mission.
In addition, the delegation met with different human rights
organizations and representatives of the political parties and also
with reporters from the different media to acquaint itself with
matters relating to freedom of expression. The delegation spoke with leaders of labor and industry,
members of religious communities, and representatives from other areas
of national life.
The delegation received individual complaints, and information
and reports on human rights from persons in all sectors of society.
It also visited three prisons, where it spoke with prison
authorities. These
establishments were the National Penitentiary, the St. Marc Jail, and
the Hinche Jail. The
results of those visits are presented in the Special Report on Haiti covering
this period.
The delegation traveled to the countryside, visiting the towns of
St. Marc, Gonaïves, and Hinche, where it received abundant information
on the human rights situation in those places.
The Commission received considerable information and help from
the Civilian Mission. Though the Mission's mandate differs from that of the
Inter-American Commission, which operates under the American
Convention on Human Rights, its reports on human rights violations have
been an extremely important source of information to the Commission.
Moreover, the reports of the persons interviewed, as noted in
another chapter, confirm that the presence of the Civilian Mission in
situations and places of high tension has on many occasions had the
deterring violations.
c.
On-site visit to Guatemala
The Commission made an observation visit to Guatemala from
September 6 through 10, 1993, represented by Dr. Oscar Luján Fappiano,
Chairman of the Commission; Michael Reisman and Alvaro Tirado Mejía,
First and Second Vice Chairmen respectively; and members Dr. Marco Tulio
Bruni Celli, Mr. Oliver Jackman, and Dr. Leo Valladares Lanza,
assisted by Dr. Edith Márquez Rodríguez, Executive Secretary; Dr.
David J. Padilla, Assistant Executive Secretary; and Dr. Oswaldo
Kreimer, Attorney for the Secretariat.
Mmes Gabriela Hageman and Gloria Hansen provided administrative
support.
The Commission met with Lic. Ramiro de León Carpio, President of
the Republic; Lic. Arturo Fajardo Maldonado, Minister of Foreign
Affairs; Lic. Antonio Ortiz Moscoso, Minister of Government; Lic.
Epaminondas González, President of the Court of Constitutionality; Lic.
Juan José Rodil Peralta, President of the Supreme Court of Justice;
General Mario Enríquez Morales, Minister of National Defense; Dr. Jorge
Mario García Laguardia, Human Rights Attorney; Lic. Edgar Tuna
Valladares, acting Attorney General; Lic. Jorge Cabrera Ugarte, Chairman
of the Presidential Commission on Human Rights (COPREDEH); with the
ranking officers of the Committee on Refugees and Displaced Persons (CEAR),
the National Fund (INTA); Lic. Mario René Cifuentes Echeverría,
General Director of the National Police; Dr. Alfonso Fuentes Soria,
Rector of San Carlos University; Dr. Héctor Rosada, Chairman of the
Coordinating Commission for Peace, and with a special commission of the
Instancia Nacional de Consenso.
During its stay in Guatemala the Commission met with human rights
organizations and institutions, and received persons and members
of institutions representative of Guatemalan society, religious,
campesino and Indian groups, groups of refugees, displaced persons,
returnees, labor union members, students, Communities of Populations in
Resistance (CPRs), and others.
The Commission traveled to the outlying areas, to areas in the
departments of El Quiché and Huehuetenango, where it was able to meet
with members of the so-called Patrullas de Autodefensa Civil (Civilian
Self-Defense Patrols, or PACs), military authorities and individuals
interested in presenting their situations and assessments of the human
rights situation in the region. In
Huehuetenango it visited Colotenango and neighboring communities,
including La Cumbre and Granadillos, and in El Quiché it visited
Santa Cruz de El Quiché, San Pedro Jocopilas, and, in the Ixcán area,
Polígono Catorce and Playa Grande.
d.
Visit to the Republic of Argentina
At the invitation of the Government of the Republic of Argentina,
a delegation of the Commission traveled to the City of Buenos Aires in
Argentina, and then moved to the City of Mar del Plata from the 6th to
the 8th of December 1993, in order to conduct a series of working
meetings. The delegation
was comprised of the President of the Commission, Dr. Oscar Luján
Fappiano and the members Dr. Marco Tulio Bruni Celli, Mr. Oliver Jackman
and Mr. Patrick Robinson, assisted by Dr. David Padilla, Assistant
Executive Secretary and Dr. Bertha Santoscoy.
Mrs. Rosario McIntyre provided administrative support.
The working meeting coincided with the celebration of ten years
of democracy in the Republic of Argentina, also with the anniversary of
the Universal Declaration of Human Rights.
During its stay the Commission met with representatives of the
Nation's Judicial Authority, with different officials of the City of Mar
del Plata, and with whom they discussed various matters relating to the
Inter-American system of the protection and promotion of human rights.
4.
ACTIVITIES OF THE IACHR IN CONNECTION WITH THE INTER-AMERICAN
COURT OF HUMAN RIGHTS
Peru
In case N°
10,078 "Neira Alegría et al.," known as "El Frontón,"
the Commission, represented by its Chairman, Dr. Oscar Luján Fappiano,
and Dr. Domingo Acevedo, the lawyer of the Secretariat, appeared at the
hearing held on July 10, 1993, in which the Court decided to give both
parties until September 10, 1993, to present in writing their
conclusions on all the evidence offered.
The writings were presented within the deadline.
As of the date of this report the Court has not yet passed on the
matter.
Colombia
In case N°
10,319, "Isidro Caballero Delgado and María del Carmen
Santana," the Commission, represented by its delegate, member Dr.
Leo Valladares Lanza, and Dr. Manuel Velasco Clark, lawyer of the
Secretariat, appeared on July 15, 1993, at the hearing on the
preliminary motions for dismissal entered by the Government of Colombia
in this case. On January
21, 1994 the Court decided by unanimous vote:
1.
To reject the preliminary exceptions advanced by the Government
of Colombia.
2.
To continue its considerations of this case.
Suriname
In case N°
10,150, the Commission, represented by its delegates, Mr. Oliver Jackman,
and Dr. David Padilla, Assistant Executive Secretary, appeared for the
reading of the judgment, held on September 10, 1993.
On that occasion the Inter-American Court of Human Rights handed
down a unanimous judgment on compensation as follows:
1.
It set at US$453,102 (four hundred fifty-three thousand one
hundred two dollars) or the equivalent in Dutch florins the amount that
the Government of Suriname must pay before April 1, 1994, in
compensation to the victims.
2.
It directed that two trusts be established and a foundation
created to administer the payment
of compensation.
3.
It decided that Suriname could impose no restrictions on the
activities of the Foundation or on the operation of the trusts or
taxes heavier than those currently in force, and could not change the
conditions in effect at the time of its judgment except to improve
them, and may not interfere in the decisions of the Foundation.
4.
It ordered the Government of Suriname to deliver to the
Foundation for its operations, within the 30 days following its
establishment, a one-time amount of US$4,000 (four thousand dollars) or
the equivalent in local currency at the free-market exchange rate at
the time when the payment is made.
5.
It ordered the Government of Suriname, also by way of
reparations, to reopen the school in Gujaba, the town in which the
families of the victims reside, and provide it with teaching staff and
administrative personnel so that it may function on a permanent basis
starting in 1994, and to put into operation in the course of that year
the dispensary that exists in that locality.
6.
It decided that it would oversee compliance with the aforesaid
reparations and would close the case only thereafter.
7.
It decided that there would be no award of costs.
Advisory Opinion N°
13/93
On February 2 the Commission's delegate Dr. Marco Tulio Bruni
Celli and Dr. David Padilla, its Assistant Executive Secretary, went
before the Inter-American Court of Human Rights to present the
Commission's position on the request for an advisory opinion submitted
by the Governments of Uruguay and Argentina on the interpretation of
several articles of the American Convention on Human Rights.
The Inter-American Court of Human Rights issued Advisory Opinion
N°
13 on July 16, 1993, in which it decided unanimously as follows:
1.
That the Commission is competent, in terms of the powers vested
in it by Articles 41 and 42 of the Convention, to characterize any
internal provision of a State as violative of the obligations assumed by
that State in acceding to the Convention, but not competent to rule
whether it does or does not run counter to the internal system of law of
that State. As to the
terminology that the Commission may use to characterize internal
provisions, the Court abides by paragraph 35 of this Opinion.
2.
That, without prejudice to the other powers vested in the Commission
by Article 41 of the Convention, when a complaint or communication
from an individual has been ruled inadmissible (Article 41.f in relation
to Articles 44 and 45.1 of the Convention), there is no occasion for
any pronouncement on the merits.
3.
That Articles 50 and 51 of the Convention call for two separate
reports, which may be of similar content, the first of which may not be
published. The second may
be, following a decision adopted by an absolute majority of the
Commission after expiration of the time period extended to the
Government to take appropriate measures.
Advisory
Opinion Nº 14/94
The Commission, during its 84th period of sessions, decided to
consult the Court on the interpretation of Article 4, paragraphs 2 and
3, of the American Convention. Two questions were submitted on November 8, 1993 for
consultation:
When a state party to the American Convention on Human Rights
enacts a law that manifestly violates the obligations the state has
contracted by ratifying the Convention, what would the legal effects of
the law be in that case, in view of the state's international
obligations?
When a state party to the Convention enacts a law whose
enforcement by agents or officials of that state results in a manifest
violation of the Convention, what are the obligations and
responsibilities of those agents or officials?
The Court presided over a hearing on these questions on January
21, 1994. Commission
delegate and First Vice Chair, Prof. Michael Reisman, and Secretariat
attorney Dr. Domingo Acevedo appeared on behalf of the Commission.
Designated as the Commission's legal advisors were Dr. Juan E. Méndez,
Dr. José Miguel Vivanco and Mrs. Janet Koven-Levitt.
The Government of Peru was represented by Prof. Beatriz
Ramaciotti.
Meeting between the Court and the Commission
The Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights held a joint meeting in Miami,
Florida on January 24-25, 1994. The
Commission was represented by its First Vice Chairman, Prof. Michael
Reisman, and members Mr. John Donaldson and Dr. Claudio Grossman, and by
its Executive Secretary Dr. Edith Márquez Rodríguez, assisted by Mrs.
Gabriela Hageman of the Commission's Secretariat.
The Court was represented by its President, Dr. Rafael Nieto
Navia, by Judge Héctor Fix-Zamudio, and by the Secretary of the Court,
Lic. Manuel Ventura Robles. Themes
on the agenda included discussion of the implications of the Court's
Advisory Opinion OC-13 for the processing of individual cases; questions
pertaining to the ordering of precautionary measures by the Court; and
analysis of key issues in the processing of contentious cases before the
Court.
5.
OTHER MATTERS
a.
Miscellaneous activities
From January 18 through 20, 1993 the Commission, represented by
Dr. Marco Tulio Bruni Celli, Chairman of the Inter-American Commission
on Human Rights, Dr. Edith Márquez Rodríguez, its Executive Secretary,
and Dr. Marcela Briceño, participated in the Regional Meeting for
Latin America and the Caribbean, held in San José, Costa Rica, in
preparation for the World Conference on Human Rights, held in June of
this year in Vienna, Austria.
From April 19 through 30, 1993, Dr. Alvaro Tirado Mejía, member
of the Commission, represented it on the Preparatory Committee for
the World Conference on Human Rights in Geneva, Switzerland.
Professor Michael Reisman and Drs. Alvaro Tirado Mejía and
Patrick Robinson, members of the Commission, and Dr. Edith Márquez
Rodríguez, its Executive Secretary, and attorney Dr. Bertha
Santoscoy-Noro, were present at the World Conference on Human
Rights, held in Vienna Austria.
b.
Progressive development and codification of the international
law on human rights
During the period covered by the present report several of the
Organization's member countries ratified or acceded to different
Inter-American instruments on human rights as follows:
On March 11, 1993, the Government of Paraguay deposited in the
General Secretariat of the OAS its instrument recognizing the
jurisdiction of the Inter-American Court of Human Rights.
On March 25, 1993, the Government of the Republic of Ecuador
deposited in the General Secretariat of the OAS its ratification of the
Additional Protocol to the American Convention on Human Rights in
the Area of Economic, Social and Cultural Rights, "Protocol of San
Salvador," signed at San Salvador, El Salvador, on November 17,
1988.
On June 3, 1993, the Government of Dominica deposited its
ratification of the American Convention on Human Rights, becoming the
25th State party to the Pact of San José.
On July 27, 1993, the Government of Bolivia presented to the
General Secretariat of the OAS its instrument recognizing the
competence of the Inter-American Court of Human Rights.
On October 6, 1993, the Government of Venezuela deposited its
instrument of ratification of the Protocol to the American Convention on
Human Rights to abolish the Death Penalty. An updated table of the status of ratification of all the inter-American human rights instruments is annexed to the present report.
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