The Commission paid homage to the brilliant Venezuelan jurist, Dr. Andrés Aguilar, who recently died while serving on the International Court of Justice.  Dr. Aguilar had been President of the Commission and member thereof during the period 1972 until 1985.  The Commission decided to publish a book in honor of his contribution to the field of human rights.

          During this session, the Commission held 40 hearings with representatives of governments, individuals and human rights organizations, who expressed their views on the situation of human rights in the hemisphere and on the progress of individual cases before the Commission.

          The Commission approved its Annual Report which would be submitted to the OAS General Assembly to be held in Panama in June.  It decided to include a progress report on the conditions in detention centers and penitentiaries in several countries.  For that purpose the Commission accepted the invitation of the Government of Venezuela to carry out an on site visit to examine detention centers in that country; it also accepted a similar  invitation to visit penitentiaries in the United States.

          The Inter-American Convention on Forced Disappearance of Persons entered into force, with the deposit of the instruments of ratification of Argentina and Panama, on February 28, 1996.

          The Commission decided to convoke a Meeting of Experts for the purpose of comparing the experiences of other human rights systems with that of the inter-American, in order to identify those areas which could be improved upon, in particular, as regards the processing of individual cases, on site visits, its system of rapporteurs on specific themes and its promotional activities.  It was decided to hold this meeting at the end of the year in Washington, D.C.

          The Commission met with Mr. Francis Deng, Special Permanent Representative of the UN Secretary General on the situation of internally displaced persons.  Recognizing the serious situation of displaced persons in various countries of the hemisphere, the Commission named Professor Goldman as Rapporteur for this subject.  The Commission also named Ambassador John S. Donaldson and Dr. Jean Joseph Exumé as Rapporteurs for a study on "Conditions of detention in the Americas," and Ambassador Alvaro Tirado Mejía as Rapporteur on the subject of migrant workers.  With regard to Indigenous Populations, the Commission named Professor Carlos Ayala and Ambassador John Donaldson Rapporteurs for this subject and Professor Claudio Grossman to continue as Rapporteur for the subject of women's rights. 

          b.       92nd Special Session

          All the members of the Commission attended the 92nd special session and welcomed the new Executive Secretary, Ambassador Jorge E. Taiana, a distinguished Argentine former diplomat.  During this session, the Commission sent a note to the President of Paraguay in which it expressed its satisfaction that the recent crisis in Paraguay, which had almost resulted in the destabilization of the government, had been peacefully resolved and constituted a transcendental step in the consolidation of democracy in that country.

          The Commission also sent a note to the Secretary General of the Organization, expressing its solidarity with him over the kidnapping of his brother, and condemned the repugnant act.  It offered whatever assistance might be appropriate.

          The Commission met with the Secretary General to discuss the Meeting of Experts on the Future of the Regional System of the Protection and Promotion of Human Rights and set December 2-4, 1996 as the dates for this seminar.

          The Commission also met with the Permanent Representative of Mexico to the OAS, Ambassador Carmen Moreno de Del Cueto, in order to exchange views regarding the preparations for the Commission's on site visit to Mexico, scheduled for July.

          During this session the Commission decided to intensify the process of consultation on the Draft Inter-American Declaration on the Rights of Indigenous Peoples and also decided to send a "Questionnaire on the Status of Women in the Americas" to all the member states.  The Commission also decided to begin consideration of the issue of migrant workers in this hemisphere, with a view to preparing a report.

          c.       93rd Regular Session

          All the members of the Commission attended the 93rd session.  The Commission held 63 hearings and analyzed 38 reports on individual cases, and various requests for provisional measures, responding thereby to the increasing needs of the system for the protection of human rights.

          The Commission was pleased to observe, during the course of these hearings, the positive results of the new tendency to attempt to reach friendly settlements of cases.  The Commission commended the positive attitude of governments in the attempts to reach a friendly settlement in cases involving Argentina, Colombia, Guatemala, Honduras, Nicaragua and Paraguay.

          During this session, the Commission analyzed the advances obtained in the consultation on the draft Inter-American Declaration on the Rights of Indigenous Peoples.  Meetings had been held in Canada, the United States and Mexico and new meetings were agreed upon to continue the consultation.  The Commission also analyzed the progress made in its report on instances of discrimination against women to be based on information submitted in response to its questionnaire.

          With regard to the study which the Commission is preparing on the "Conditions of Detention in the Americas," the Commission considered the information obtained during its visit to Venezuela and accepted an invitation of the US Government to visit the "Marielitos" in the prisons of Louisiana in December 1996.

          During this session the Commission paid homage to Fernando Volio Jiménez, a distinguished Costa Rican jurist who died on May 21, 1996, and who had been a member of the IACHR for three years.

          The Commission also decided to begin compiling information for its study on the "Situation of Migrant Workers and their Families in the Hemisphere."

          During this session the Commission met with Drs. Kisanga, Umozurike and Dankwa, members of the African Commission of Human and Peoples' Rights, with whom it had the opportunity to exchange views regarding the experiences of the two bodies.

          The Commission began its analysis of the information obtained during its on-site visits to Mexico and Brazil.

          Regarding the process of constitutional reform in El Salvador, which is intended to extend the application of the death penalty to certain crimes to which it did not previously apply, the Commission decided to send a note to the Government expressing its concern in this regard, indicating that if this extension is approved, El Salvador would be in violation of its international obligations under the American Convention.  Finally, the Commission approved a report on Ecuador to be sent to that Government.

          d.       94th Special Session

          During this session the Commission approved reports on several pending cases, decided on the possible submission of certain cases to the Court and decided that other cases should be filed. 

          2.         TWENTY-SIXTH REGULAR SESSION OF THE GENERAL ASSEMBLY OF THE OAS

          The Commission attended the twenty-sixth regular session of the General Assembly in Panama City, Panama.  It was represented by IACHR Chairman, Dean Claudio Grossman; the First Vice Chairman, Ambassador John S. Donaldson, and the Second Vice Chairman, Professor Carlos Ayala Corao, assisted by the Executive Secretary, Ambassador Jorge E. Taiana, and the two Assistant Executive Secretaries, Dr. Domingo Acevedo and Dr. David Padilla.

          Various resolutions were adopted at this Assembly, including one, AG/RES. 1390 (XXVI-0/96), proposed by the Government of Nicaragua, entitled "Renewed Request for Comments and Observations on the Proposed Amendment to Article 34 of the American Convention on Human Rights" by which the membership of the Commission would be increased from 7 to 11 members.  The following resolution was adopted at this Assembly on the Annual Report of the IACHR:

                                                     AG/RES. 1404 (XXVI-0/96)

           ANNUAL REPORT OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

(Resolution adopted at the eighth plenary session,

held on June 7, 1996)

                   THE GENERAL ASSEMBLY,

                   HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights to the General Assembly (CP/doc.2731/96) and the presentation thereof by the Chair of the Commission, together with the observations and recommendations presented by the Permanent Council in regard to the Annual Report of the Inter-American Commission on Human Rights (AG/doc. 3336/96 rev.1); and

          CONSIDERING:

                   That the member states of the Organization of American States (OAS) have proclaimed in the OAS Charter, as one of their principles, respect for the fundamental rights of the individual, without distinction as to race, nationality, creed, or sex;

                   That the Inter-American Commission on Human Rights, established at the Fifth Meeting of Consultation of Ministers of Foreign Affairs, held in Santiago, Chile, in 1959, has as its principal function, pursuant to the OAS Charter, to promote the observance and protection of human rights and to serve as a consultative body of the Organization in this respect;

                   That the ideal of a free human being, untrammeled by fear and poverty, can be attained only if conditions which allow all individuals to enjoy their economic, social, and cultural rights as well as their civil and political rights are created;

                   That women should be guaranteed the exercise, under equal terms, of their civil, political, economic, social, and cultural rights, as well as lives free of discrimination and violence;

                   That the international protection of human rights enhances or complements the protection offered by the internal law of the member states and is based on the attributes of the human being;

                   That effective exercise of representative democracy is the best guarantee of the full-fledged recognition of human rights; and

                   That there is a growing and healthy tendency on the part of the member states to incorporate the precepts of international treaties on human rights --in particular those in the American Convention on Human Rights-- into their internal legal systems,

          RESOLVES:

                   1.       To take note of the Annual Report of the Inter-American Commission on Human Rights to the General Assembly (CP/doc.2731/96).

                   2.       To urge the Inter-American Commission on Human Rights to continue promoting the observance and protection of human rights as recognized in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights.

                   3.       To recognize the work of the Inter-American Commission on Human Rights to protect and promote the observance and defense of human rights in the Hemisphere, and to urge the member states to continue cooperating with and supporting the Inter-American Commission on Human Rights and to provide it with the resources it needs to fulfill its functions.

                   4.       To urge the member states that have not done so to incorporate instruction on human rights into their education programs at the various levels and as widely as possible, in accordance with their internal legal systems.

                   5.       To receive the observations and recommendations presented by the Permanent Council for consideration by the General Assembly and transmit them to the Inter-American Commission on Human Rights together with this resolution.

                   6.       To take note of the comments and observations made by the member state governments on the annual report and the measures now being adopted by those states to strengthen the promotion, observance, and protection of human rights.

                   7.       To note the progress achieved in the effective observance of human rights in the region, especially the measures currently being adopted by the member states to heighten the promotion, observance, and protection of human rights in their respective countries; and, at the same time, to express their concern over the persistence of situations that impinge on the full and effective exercise of human rights.

                   8.       To urge the member states that have not yet done so to sign, ratify, or accede to, as appropriate, the American Convention on Human Rights or "Pact of San José, Costa Rica"; the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights or "Protocol of San Salvador"; and the other inter-American instruments for the promotion and protection of human rights.

                   9.       To recommend to the member states that they consider the possibility of accepting the compulsory jurisdiction of the Inter-American Court of Human Rights, in keeping with Article 62 of the American Convention on Human Rights.

                   10.     To urge the member states to devote special efforts, pursuant to their laws, to eliminating all forms of discrimination against women, as a means of protecting their human rights.

                   11.     To urge the member states to guarantee and exercise special vigilance with regard to the human rights of indigenous people, minors at risk, refugees, persons with disabilities, migrant workers and their families, detainees and prisoners, marginalized or minority groups, and victims of racial discrimination; to urge them to create conditions that will foster harmony and tolerance among those groups and all sectors of society; and to call upon the Inter-American Commission on Human Rights to continue paying special attention to these matters.

                   12.     To reiterate recommendation made to the Inter-American Commission on Human Rights in resolution AG/RES. 1112 (XX-O/91) that it continue to cover in its annual report its activities to promote observance and awareness of human rights in the member states.

                   13.     To instruct the Permanent Council to evaluate the working of the inter-American system for the protection and promotion of human rights so as to initiate a process leading to its improvement, possibly by modifying the respective legal instruments as well as the methods and working procedures of the Inter-American Commission on Human Rights, for which it shall request the cooperation of the Commission and the Inter-American Court of Human Rights; and to instruct it to report to the General Assembly at its next regular session.

                   14.     To urge the member states to continue cooperating with the Inter-American Commission on Human Rights in conducting on-site visits, pursuant to applicable provisions, given the importance of such visits to the protection and promotion of human rights; and to express their appreciation to those states that have issued invitations to the Commission.

                   15.     To promote dialogue between member states, between those states and the Inter-American Commission on and Court of Human Rights, and with experts in the field, so as to contribute to a process of reflection leading to improvement of the inter-American human rights system.

                   16.     To recommend to the Inter-American Commission on Human Rights that it continue to give priority to adoption of the necessary measures to remedy the situation of persons held in custody awaiting trial and the overcrowding of prisons, and to request that the Commission present a report on those topics to the General Assembly at its next regular session.

                   17.     To request the Inter-American Commission on Human Rights to continue to report on measures taken in response to the observations and recommendations of the Permanent Council that were transmitted by the General Assembly.

                   18.     To urge the Inter-American Commission on Human Rights to continue attaching special importance to dialogue with the member states in regard to progress achieved in and difficulties that have impeded the observance of human rights.

                   19.     To condemn vehemently all forms of racism, racial or religious discrimination, xenophobia, and intolerance and to urge the member states to take effective measures to promote tolerance and eliminate all forms of racist and discriminatory conduct.

                   20.     To recommend to the Inter-American Commission on Human Rights that it include in its next annual report an evaluation of the situation of migrant workers and their families in the Hemisphere.

                   21.     To urge the Inter-American Commission on Human Rights to establish a dialogue with the member state governments, indigenous organizations and communities, the Inter-American Indian Institute, legal experts, and government authorities with regard to the draft Inter-American Declaration on the Rights of Indigenous Peoples, so that the text of the draft declaration will reflect their concerns as well as the work of the United Nations in this area.

          3.         VISITS CONDUCTED BY THE COMMISSION

          a.       Visit to Mexico

          The Inter-American Commission on Human Rights, by invitation of the Government of Mexico, carried out an on-site visit during July 15-24, 1996, in order to observe the human rights situation in that country.  This was the first visit that the Commission has ever carried out to Mexico.

          All seven members of the Commission participated in this mission:  Dean Claudio Grossman (Chairman), Ambassador John S. Donaldson (First Vice Chairman), Dr. Carlos Ayala Corao (Second Vice Chairman), Dr. Oscar Luján Fappiano, Ambassador Alvaro Tirado Mejía, Dr. Jean Joseph Exumé and Professor Robert Goldman.  Also participating on the mission were Ambassador Jorge E. Taiana, the Executive Secretary, the two Assistant Executive Secretaries, Drs. Domingo Acevedo and David Padilla, Dr. Osvaldo Kreimer, and Dr. Ibrahim Garcia, the staff lawyer in charge of Mexico.  Administrative assistance was provided by Ms. Rosario McIntyre, Ms. Martha Keller and Ms. Tania Hernández.

          The Commission met with the President of Mexico, Dr. Ernesto Zedillo Ponce de León and with other high officials of the Mexican government as well as with Representatives of the Congress of the Union and Members of the Judiciary.  It travelled to Chiapas, Guerrero and Baja California.  It also attended a seminar on "Migration and Human Rights" at the Colegio de la Frontera Norte in Tijuana.

          Due to the information collected and the Commission's overall review of the human rights situation in Mexico, it was possible to obtain an overall assessment of the human rights situation in that country.

          b.       Prison Project Visit in the United States

          The Inter-American Commission on Human Rights, by invitation of the United States Government, visited Allenwood, Pennsylvania on April 26, 1996 to evaluate the conditions of detention of the "Marielitos" (Cuban prisoners) in that federal penitentiary.

          The IACHR's special delegation was comprised of Ambassador John S. Donaldson, First Vice President and members Ambassador Alvaro Tirado Mejía and Dr. Jean Joseph Exumé.  Also participating on the mission were Dr. David Padilla, Assistant Executive Secretary, Dr. Relinda Eddie, the staff attorney in charge of the United States, Mr. Henry Mac-Donald and Mrs. Tania Hernández of the Secretariat, as well as Mr. Michel Valeur and Mrs. Miriam Deutsch, interpreters.

          The Commission received information from the inmates regarding general conditions of detention, the availability of medical facilities and services, housing accommodations, educational opportunities offered at the institution, recreational and vocational programs, arrangements for annual review of detention for post-sentence detainees, the availability of legal aid, difficulties for relatives living at remote distances to travel and visit and methods of discipline.

          The Inter-American Commission on Human Rights also visited, by invitation of the United States Government, other "Marielitos" (Cuban prisoners) in various penal institutions in Louisiana.  The Working Group on Prisons and Prison Conditions in the Americas visited the prisons of Avoyelles Parish in the city of Marksville and Orleans Parish in New Orleans, both in Louisiana, from December 9-12, 1996.

          The Working Group was comprised of Ambassador John S. Donaldson, first Vice-Chairman of the Commission, as well as Commission members, Ambassador Alvaro Tirado Mejía and Dr. Jean Joseph Exumé.  The members were assisted by Dr. David Padilla, Assistant Executive Secretary, Dr. Relinda Eddie, the staff lawyer in charge of the United States and Dr. Bertha Santoscoy.  Ms. Tania Hernández provided administrative assistance.

          The issues raised were the same as those raised with the "Marielitos" visited at the Allenwood, Pennsylvania facilities earlier in the year.

          A comprehensive report of the Commission's visits to these penitentiaries will be prepared.

          c.       Prison Project Visit in Venezuela

          The Inter-American Commission on Human Rights, by invitation of the Government of Venezuela, carried out an on-site visit to Venezuela during May 13-17, 1996 in order to observe the prison situation in that country.

          The Working Group on Prisons and Prison Conditions is comprised of the First Vice Chairman, Ambassador John S. Donaldson and Dr. Jean Joseph Exumé.  Also participating on the mission were Dr. David Padilla, Assistant Executive Secretary, Dr. Milton Castillo, the staff lawyer in charge of Venezuela, Dr. Bertha Santoscoy and Dr. Relinda Eddie.  Administrative assistance was provided by Ms. Tania Hernández and Ms. Blanca Cáceres.

          This was the first visit that the Commission had ever carried out in Venezuela.  The Working Group met with governmental authorities, representatives of Congress and the Judiciary, representatives of nongovernmental organizations and experts in the prison system, as well as with prisoners and their family members.

          The Working Group divided into two groups.  The first visited el Retén e Internado Judicial de Catia (Caracas), Internado Judicial Capital "El Rodeo" (Estado Miranda), the Center for Immediate Attention to Minors "Carolina Uslar" (Caracas) and the Penitentiary of Carabobo (Estado Carabobo).  The second group visited the Reeducation Center El Paraíso "La Planta" (Caracas) and the National Prison of Maracaibo "Sabaneta" (Estado Zulia).

          The Working Group met with the President of Venezuela, Dr. Rafael Caldera, with the Minister of Foreign Affairs, Dr. Miguel Angel Burelli, with the Minister of the Secretariat of the Presidency, Dr. Asdrúbal Aguiar, with the Minister of Justice, Dr. Henrique Meier and with the President of the Supreme Court, Dr. Cecilia Sosa, among others.

          The intense work of observation carried out by the Working Group during this visit and the many contacts made during the same, have allowed it to attain a global vision of this complex and delicate situation.  The Working Group will use the valuable information which it was able to collect during this visit for the report which it will draft on the prisons and prison conditions in the hemisphere.

          d.       Special Mission to the Dominican Republic

          From March 14-17, 1996 a special delegation of the Commission, comprised of Dean Claudio Grossman, President of the IACHR and Dr. Bertha Santoscoy, the staff lawyer in charge of the Dominican Republic, traveled to that country in order to investigate Case 10.832 concerning Mr. Luis Lizardo Cabrera.

          During the course of the visit the Commission's delegation met with the Minister and Vice Minister of Foreign Affairs, with representatives of the Judiciary as well as with members of the Police and the Prison System of the Dominican Republic.

          In addition, the Commission's delegation visited the "Najayo" prison and met in private with Mr. Luis Lizardo Cabrera.  Thereafter it met with Mr. Cabrera's wife and with his representatives.

          e.       Special Mission to Argentina

          From July 2-8, 1996, a special delegation of the Commission, comprised of Professor Robert K. Goldman and Dr. Mario López Garelli, the lawyer in charge of Argentina, travelled to that country in order to promote and consolidate the friendly settlement procedure in Case 11.219 concerning Mr. Paulo C. Guardatti, and also the case of Garrido and Baigorria, which is pending before the Inter-American Court of Human Rights.

          The activities carried out during this mission included meetings with authorities of the federal Government, the government of the Province of Mendoza, and representatives of the victims in these cases, which included a trip to the above-mentioned province.

          The mission also held working meetings with representatives of the victims of other cases pending before the Commission, with nongovernmental human rights organizations and other national authorities with connections to the IACHR.

          f.        Special Mission to Guatemala

          Dr. David Padilla, Assistant Executive Secretary, made a special trip to Guatemala during December 28, 1996 - January 1, 1997, to represent the Commission at the celebration of the achievement of the Guatemalan Peace Accords in Guatemala City, Guatemala.

          4.         PRECAUTIONARY AND PROVISIONAL MEASURES ISSUED AND IN FORCE IN 1996

          The Commission has decided to include in this chapter a report on the Precautionary Measures requested by the Commission from the member states of the Organization, on its own initiative, or at the request of an interested party, under the provisions of Article 29 of its Rules of Procedure, in cases of extreme gravity and urgency in which it is necessary to avoid irreparable damage to persons.[1]

          Also included are the provisional measures issued by the Court at the request of the Commission in situations of extreme gravity and urgency, under the provisions of Article 63.2 of the American Convention on Human Rights.[2]

          The precautionary measures are presented in the same order as admitted for review by the Commission; name of the person or persons on whose behalf they are being requested; summary of the facts on which the claim is based; rights of the persons exposed to grave and imminent danger; number of the case, if it has a number; date on which the Commission requested the measures indicated; name of the state to which the requests were submitted.  The provisional measures were also recorded in the same order as presented and include the name of the person or persons on whose behalf they are being requested; summary of the facts and of the rights exposed to grave and imminent danger; date on which the Commission decided to submit the situation to the consideration of the Court; name of the state where the actions at issue occurred; the date on which the Court adopted the decision related thereto. 

          a.         Precautionary Measures issued or extended by the Commission in 1996

          On January 24, 1995, the Inter-American Commission on Human Rights requested the State of Mexico to adopt precautionary measures in order to protect the life and personal integrity of Mrs. Virginia Galeana García, witness in Case No. 11.520, Aguas Blancas, whose life was gravely and imminently threatened.  The request for such measures extended to the other two witnesses in the case indicated and their family members.  On February 7, 1996, the State of Mexico responded to this request.

          On January 29, 1995, the Inter-American Commission on Human Rights contacted the State of Mexico and requested exceptional measures for the protection of Mr. David Fernández Dávalos, Director of the Miguel Agustin Pro Juarez Human Rights Center, the attorney José Lavadero Yanez and Rocío Culebro Bahena, Technical Secretary of the National System of Human Rights Civil Organizations “Every Right For All”, whose lives and personal integrity were gravely and imminently threatened.  Subsequently, the Commission requested the Mexican Government to extend and broaden these measures to other persons.  This situation is being reviewed under Case No. 11.682.  The State of Mexico, on February 9, September 10 and October 15, 1996, has sent responses with regard to this case.

          On February 17, 1995, the Commission requested the Federal Republic of Brazil to take urgent precautionary measures to protect the life and personal integrity of Father Ricardo Rezende, Vicario de Rio Maria in the State of Parana.  On March 20, 1996, the Commission requested that these measures also extend to Father Henri des Roziers.  Subsequently, on April 23, 1996, the Commission requested the State of Brazil to extend the protective measures to Mrs. María da Conceicâo Carneiro and her family.  In August 1996, the Commission reiterated the request for precautionary measures on behalf of these persons.

          On June 1, 1995, the Commission requested the State of Ecuador to implement precautionary measures on behalf of Mr. Jorge Vásquez Durand whose case was under review by the Commission under Nº 11.458 and who had been receiving grave and imminent threats against his person.  The Commission reiterated its concern for the situation of Mr. Vásquez Durand on October 31, 1995, November 30, 1995 and April 2, 1996.  The State of Ecuador has not responded at any time to the request for precautionary measures repeatedly submitted by the Commission.

          The Inter-American Commission on Human Rights, on November 30, 1995, transmitted to the State of Guatemala a request for precautionary measures on behalf of César Ovidio Sánchez Aguilar, official of the Myrna Mack Foundation and of an indigenous peoples’ organization in Santa Barbara, Huehuetenango.  As a result of his work, Mr. Sánchez was threatened and attacked by local militia patrols and commissioned military officers in late 1995.  As a result of these events, Mr. Sánchez was obliged to leave the community.  The state declined to implement the measures requested, alleging that the matter was a private problem between individuals.  The Commission reiterated its request for precautionary measures on March 26, 1996.

          On December 18, 1995, the Inter-American Commission on Human Rights requested the State of Mexico to adopt precautionary measures to protect the life and physical integrity of the members of the Union of Communities of the northern zone of Isthmus AC (UCIZONI) who had been victims of threats and harassment related to land ownership conflicts between villages in Arroyo Tejon and Mazatlan on the one hand and landholders named Fuentes and Raymundo on the other hand.  Mr. Juan Carlos Beas, President of the Commission on Justice and Human Rights of UCIZONI has reported that on repeated occasions he has received telephone calls threatening his life.  The State of Mexico sent their response on January 2, 1996.

          On February 20, 1996, the Inter-American Commission on Human Rights submitted to the State of Colombia a request for precautionary measures on behalf of the Group of the Committee on Solidarity with Political Prisoners, Cúcuta Sector.  The persons whose lives and personal integrity were gravely and imminently threatened were Rafael Lozano Garaba, Gerson Edecio Leal Granados, Blanca Inés Rodríguez, José Merchan Basto, Alvaro Fernando Sanjuan Quintero and Jairo Ordoñez.  The measure indicated was also extended to the attorneys Juan José Landinez and Israel Vargas, who, in performing their activities as defenders of political prisoners, had been receiving threatening and intimidating calls.

          The request for precautionary measures also was extended to Rosa Elpidia Alzate Corredor, official responsible for receiving and processing claims and providing humanitarian assistance to persons detained for political reasons in the city of Popayán, department of Cauca, who had been the victim of continuous acts of harassment and threats against her life and personal integrity.  On November 6, 1996, the Inter-American Commission on Human Rights reiterated the request to the State of Colombia.  On December 17, 1996, the Commission granted the State of Colombia an extension of 30 days to respond to these requests.

          On February 28, 1996, the Commission transmitted to the State of Colombia a request for precautionary measures on behalf of Mr. Pablo Lugo Herrera and his family, whose case was being processed by the IACHR under Nº 11.237.  Mr. Herrera had participated in a military operation as a result of which several persons were arbitrarily and extra-judicially executed; his testimony could indicate those who had taken part in these actions.  On May 10, 1996, the State of Colombia indicated that an official of the Presidential Advisory Board for Human Rights held a meeting with Mr. Lugo Herrera and a representative of the Colombian Commission of Jurists, for the purpose of analyzing and studying possible measures to be taken.  Subsequently, Mr. Lugo Herrera expressed his desire not to avail himself of any special protection plan and to rejoin the National Police or to join the National Bureau of Investigation.  On July 17, 1996, the claimant’s observations were transmitted to the State.  On September 17, 1996, the State of Colombia reported on the concrete measures taken by the State on behalf of Mr. Pablo Lugo Herrera.  This case is in the process of friendly settlement.

          On April 12, 1996, the Commission requested the State of the Dominican Republic to take urgent precautionary measures to protect the life, safety and personal integrity of Mr. Guarionex Villeta, as well as his family.  On February 22, 1996, during the 91^st Regular Session of the IACHR, the testimony of the person indicated was received.  On February 29, 1996, the Commission requested additional information on the situation of Mr. Villeta, who on April 9 had been detained by police agents.  The State reported on April 19 that the reason for detention was related to an investigation on drug trafficking.  Subsequently, Mr. Villeta was released from custody.

          On March 2, 1996, the Commission requested the State of Guatemala to take urgent precautionary measures on behalf of Deborah Guzmán, Félix González, María del Carmen Cruz Fuentes, Valentina Castillo, María Isabel Sipaque Saragon and their families, who had received various death threats.  The State of Guatemala sent its response on April 11, 1996, indicating that it was in the process of implementing such measures.

          On March 14, 1996, the Commission requested the State of Guatemala to take urgent precautionary measures on behalf of Vilma Cristina González and Reynaldo Federico González, who were working for the Union of Bank Workers and in connection with their union work had received grave and imminent death threats.  A number of days afterwards Mrs. Vilma Cristina González was kidnapped and tortured.  For this reason, the request was reiterated on March 19, 1996.  The State sent its response on May 3, 1996, indicating that it had taken protective measures after the kidnapping.  On June 14, 1996, the IACHR requested confirmation that the measures were still in effect.  No response has been received to date from the State of Guatemala.

          On March 20, 1996, the Commission requested the State of Mexico to take urgent measures to protect the life, physical integrity and personal safety of Mrs. Graciela Zavaleta, a member of a group of human right defenders in Mexico, who found herself in imminent danger and had been receiving grave threats against her life.  Mrs. Zavaleta had appeared on August 11, 1995 at the municipal jail to verify the charges brought by family members of prisoners held in that establishment and had already been attacked and struck by a group of persons who accused her of defending delinquents and obstructing police work.  The State of Mexico sent its response on April 3, 1996.

          On March 19, 1996, the Commission requested the State of Guatemala to take urgent precautionary measures on behalf of Rosalina Tuyuc, Nineth Montenegro, Amilcar Méndez and Manuela Alvarado, members of the Guatemalan National Democratic Front elected to the Congress of Guatemala, who had been receiving grave death threats.  On April 15, 1996, the Commission reiterated this request to the State of Guatemala and requested that these measures be extended to the families of the persons indicated.  On May 24, 1996, the response of the State of Guatemala was received indicating that measures were being taken to protect the persons mentioned.

          On April 2, 1996, the Commission requested the State of Honduras to take precautionary measures on behalf of Mr. Abencio Fernández, legal advisor to the Committee on Human Rights of Honduras, CODEH, who, along with members of his family, had been receiving constant death threats because of his work as an attorney in the human rights organization indicated.   The State of Honduras has not responded as yet.

          On May 13, 1996, the Inter-American Commission on Human Rights requested the State of Guatemala to take precautionary measures to protect the life and personal integrity of Mr. Tobias Sarceño Pérez.  The State of Guatemala responded on July 30, 1996, indicating that it was investigating the situation.

          On May 20, 1996, the Commission requested the State of Brazil to take urgent precautionary measures to protect the life and personal integrity of the attorney Osmar Barcelos do Nascimento, who had been receiving grave death threats as a consequence of his work as an attorney in defending human rights in the state of Espiritu Santo.  On July 21, 1996, the State of Brazil reported that the precautionary measures requested had been taken.

          On May 20, 1996, the Commission requested the State of Brazil to take urgent precautionary measures on behalf of a number of minors committed to the "Instituto Padre Severino”, “Escola João Luis Alves” and “Escola Santos Dumont” of Rio de Janeiro, who according to the petitioners were in grave and imminent danger of suffering irreparable harm.  The State of Brazil reported on July 26, 1996, on the measures taken to protect the minors indicated and improve the conditions of these detention centers.  On August 6, 1996, the Commission requested additional information in this regard.

          On June 13, 1996, the Commission asked the Dominican Republic to take precautionary measures on behalf of Josefina Juana, widow of Pichardo, who alleged that the Directorate of Migration was preventing her from returning to that country.  The Dominican Republic reported to the Commission, on July 9 of that same year, that it had lifted the measures preventing her return and that Mrs. Juana Pichardo could return without difficulty to the Dominican Republic.

          On June 18, 1996, the Commission transmitted to the State of Colombia a request for urgent precautionary measures on behalf of the Zenú community, of the Department of Córdoba, one of whose leaders had been murdered on May 16, 1996 by paramilitary groups in the San Andrés de Sotavento shelter; on May 25, the Secretary of the Town Council of San Andrés de Sotavento had been murdered and on June 4 pamphlets had been distributed threatening the indigenous leaders.  On July 31,1996, the State of Colombia sent a report on the measures taken.  At the request of the claimants, on December 17, 1996, the Commission requested additional information from the Colombian State.  On January 15, 1997, the State of Colombia sent its response to the observations of the petitioner.

          On July 17, 1996, during the on site visit conducted by the Inter-American Commission on Human Rights in the Republic of Mexico, precautionary measures were requested on behalf of Mr. José Nava Andrade and 15 members of the Organization of Pueblos and Settlements (OPC), who had been victims of kidnappings and torture because of their presumed links with the Peoples’ Revolutionary Army (EPR).  On August 1, 1996, the Commission requested that the State of Mexico take the measures indicated.  On August 16, 1996, the State of Mexico sent its response to that request.

          On July 22, 1996, the Commission requested the State of El Salvador to take precautionary measures on behalf of Mr. Adrián Esquino Lisco and members of his family who, following a dispute over ownership rights to cooperative land, had been gravely threatened by local groups linked with the police forces.  On August 23, 1996, the State of El Salvador responded to the Commission on the measures taken.

          On July 30, 1996, the Commission requested the State of Guatemala to take urgent precautionary measures to protect the life and personal integrity of Brenda Mayol, her sons, Oscar René, Igor Alfonso and Rembrant Carlos Trujillo Mayol and his fellow workers Vidal Días, Rene Días, Rosa Zinico and Thelma López.  These persons were working in the legal office IXCHEL, which defends human rights, the environment, women and children in Peten and as a result of their work had been the object of constant harassment and threats.  The State of Guatemala responded on September 12, 1996, indicating the measures it was taking to protect the lives and physical integrity of the persons indicated.

          On August 23, 1996, the Commission requested the State of Guatemala to take urgent precautionary measures to protect the lives and personal integrity of Rosario Hernández Grave, Manuel Hernández Ajbac, Manuel Mendoza Jolomocox, Jesus Chaperón Marroquín, Gustavo Vásquez Peralta and Rogelio Cansi, witnesses to the murder of Martín Pelico Coxic and six other persons, members of the Militia Patrol of San Pedro Jocopilas, which occurred on June 27, 1995, following which the witnesses and the families of the victims had been the object of constant death threats.  Under case 11.658 the Commission is reviewing charges with regard to the summary and extra-judicial execution of these persons.  On September 27, 1997, the State of Guatemala responded that it was taking measures to protect the persons indicated.

          On September 10, 1996, the Inter-American Commission on Human Rights requested precautionary measures on behalf of Mr. Roberto Girón and Pedro Castillo Mendoza, who had been sentenced to be executed.  On September 12, 1996, Guatemala responded, sending an explanation as to why it would not implement the measures requested.

          On October 21, 1996, the Commission transmitted a request for urgent precautionary measures to the State of Honduras to protect the lives and personal integrity of a group of minors who were being held in the San Pedro de Sula prison.  Among other considerations, it was indicated that these minors had been confined with adults convicted for a variety of serious crimes.  The State of Honduras, on October 28, 1996, presented information on the facilities prepared for the minors.  The case is still under review under Nº 11.491.  On December 26, 1996, the request for precautionary measures was reiterated and information was requested as to the concrete actions taken to implement the measures requested.

          On November 8, 1996, the Commission requested the State of the Dominican Republic to take urgent precautionary measures to protect the lives and personal integrity of Virgilio Almanzar, Tomás Castro and Luz Altagracias Ramírez de González, and other witnesses in a case submitted to the consideration of the CIDH:  Nº 11.324.  The State of the Dominican Republic responded on November 27, 1996, indicating that it had requested the National Police to conduct an investigation of the threats as well as to arrange for custody of each of these persons.  On December 9, 1996, the petitioners sent additional information on the case, which was transmitted to the State on December 17, 1996.

          On December 6, 1996, the Commission requested the State of the United States of America to suspend the execution of Mr. Richard Steven Zeitvogel, who had been tried and sentenced under the laws of the State of Missouri for the murder of his cell-mate Gary W. Dew.  No response has been received from the State to date.

          On December 6, 1996, the Commission requested the State of Colombia to take urgent precautionary measures to protect the life and personal integrity of Mr. Antonio Suárez Niño, Penall Circuit Judge No. 22 of Bogota and President of the National Association of Judicial Employees and Officials.  Mr. Suárez Niño had been the object of grave threats and harassment since 1993.  On January 20, 1997, the State of Colombia responded to the Commission's request.

          On December  19, 1996, the Inter-American Commission on Human Rights asked the State of Brazil to take precautionary measures to protect the life and personal integrity of a number of individuals who had been threatened by a death squad composed of members of the civil police, known as "the golden boys" in the northern part of the State of Rio de Janeiro.  The persons thus threatened are involved in the protection of human rights who had denounced the situation of the group in question.   The response from the State of Brazil is being awaited.

          b.         Provisional Measures issued or extended by the Court in 1996

          On February 2, 1996, the Commission was asked to request provisional measures from the Inter-American Court on behalf of Mr. Arnoldo Alemán Lacayo, who at that time was the Alianza Liberal candidate for President of the Republic of Nicaragua.  This person had been the victim of an attempt on his life on January 25, 1996, which he fortunately escaped unharmed, but in which one of his bodyguards died and others were seriously injured.  On that same date of February 2, the Commission requested the Court to take the measures indicated and these measures were taken on February 2 by the Court in response to the Commission’s request.  These measures were lifted on January 10, 1997, when Arnoldo Alemán Lacayo was inaugurated as President of the Republic of Nicaragua.

          During 1996, the Commission requested that the Court issue or extend provisional measures to protect the lives or physical integrity of individuals in relation to four matters concerning Guatemala.  (See, section 5, below.)  On April 12, 1996, such measures were requested to protect various witnesses and other persons involved in the legal proceedings concerning the killing of Pastors Serech and Saquic (Case 11.570), who had received serious threats.  By resolution of June 28, 1996, the Court ratified the measures which had been issued by its President on April 24, 1996, in favor of Blanca Margarita Valiente de Similox, Vitalino Similox Salazar, Sotero Similox, María Francisca Ventura Sican, Lucio Martínez, Maximiliano Solís, Bartolo Solís, Julio Solís Hernández, María Magdalena Sunún González, Héctor Solís, José Solís, Gregoria Gómez, Juan García, Eliseo Calel y Víctor Tuctuc.

          On November 22, 1995, the Commission requested the State of Colombia, in accordance with the provisions of Article 29 of its Rules of Procedure, to take precautionary measures on behalf of Alirio Félix, Josué Giraldo, Teresa Mosquera, Islena Rey Rodríguez, Hna. Nohemy Palencia, Monseñor Alfonso Cabezas and Gonzalo Zárate, members of the Civic Council of the Department of Meta, an organization that had been the object of constant threats and attacks against its members, particularly against the persons indicated above.  This request was reiterated on October 13, 1996.  Following the murder on October 29, 1996 of Mr. Josué Giraldo, and considering that the measures adopted had been inadequate, the Commission requested the Court, in accordance with the provisions of Article 63.2 of the Convention, to take provisional measures on behalf of the persons indicated.  The Inter-American Court of Human Rights, by Resolution dated October 28, 1996, decided to request the State of Colombia to take these measures.

          On April 16, 1996, the Inter-American Commission on Human Rights requested the State of Peru, under the provisions of Article 29 of its Rules of Procedure, to take precautionary measures in order to reverse the unjustified measures that were worsening the conditions under which María Elena Loayza Tamayo was imprisoned, insofar as these measures were in violation of the minimum standards for the treatment of prisoners approved by the United Nations.  In the event that the State of Peru did not reverse the measures it had taken, the Commission requested that the Inter-American Court take provisional measures.  The Court, by Resolution dated September 13, 1996, requested the State of Peru, inter alia, to modify the situation with respect to the imprisonment of Mrs. María Elena Loayza Tamayo, so as to bring it into conformity with Article 5 of the Inter-American Convention. 

          5.         IACHR ACTIVITIES IN CONNECTION WITH THE INTER-AMERICAN      COURT OF HUMAN RIGHTS

          Argentina

          On May 29, 1995, the Commission presented Case 11.009, regarding the disappearance of Mr. Adolfo Garrido and Mr. Raúl Baigorria to the Court.  These two individuals had been detained by the Police in the province of Mendoza in 1990.  The Argentine Government accepted the facts presented and the legal consequences derived therefrom. 

          On February 1, 1996, the Court held a public hearing on this case.  Ambassador John S. Donaldson was the Commission's delegate in this case, assisted by Dr. Domingo Acevedo, the Assistant Executive Secretary.  In its Judgment of February 2, 1996, the Court, taking note of Argentina's acceptance of the facts articulated in the application and its acceptance of the international responsibilities deriving therefrom, unanimously granted the parties a period of six months from the date of Judgment to reach an agreement regarding reparations.  The Court reserved the power to review and approve the agreement, and, should no agreement be reached, to continue the Court proceedings on reparations.

          The Commission placed itself at the disposal of the parties concerned with a view to reaching a friendly settlement of Case 11.009.  The parties agreed to the establishment of an ad hoc investigative committee which consisted of five lawyers: two selected by the Province of Mendoza, two selected by the petitioners and one selected by the Argentine Government.  The investigative committee came to the conclusion that the victims had been kidnapped and tortured by the police as alleged in the complaint.  The parties also agreed to the establishment of a Tribunal comprised of judges selected by the Council of Magistrates of Mendoza which came down with a decision on compensation in this case.  The Commission has expressed its agreement with the terms of the settlement in a letter to the Court.  However, since there has not yet been compliance with the recommendations of the ad hoc investigative committee, the Commission subsequently expressed to the Court that it would not consider the settlement complete until action was taken in that regard, and called upon the Argentine Government to publish and disseminate that committee's report.

          The Court will consider at its next session (Jan-Feb. 1997) whether the agreement of the parties is sufficient or whether it will continue the case in the reparations phase.

          Colombia

          Reparations

          At its XX Special Session, on September 7, 1996, the Court heard the oral arguments of the Commission and the Government of Colombia on the reparations in the Caballero Delgado and Santana Case.  Professor Robert Goldman was the Commission's delegate in this case, assisted by Dr. Manuel Velasco Clark, the staff lawyer in charge of Colombia.  On December 8, 1995, the Court's judgment stated that the Government of Colombia must pay fair compensation to the victim's families and that the form and amount of such compensation would be established by the Court.  The Court has scheduled a reading of the judgment on the reparations for January 31, 1997.

          Ecuador

          a.       The Commission submitted the case of Suárez Rosero to the Court on December 22, 1995.  The application refers to events that occurred as of June 23, 1992, when agents of the State of Ecuador arrested Mr. Rafael Iván Suárez Rosero, in an allegedly illegal and arbitrary manner,  holding him incommunicado for 36 days.  The application also states that Mr. Suárez Rosero remained in preventive detention for an unreasonable period of time, that the State had not provided an effective judicial remedy and had violated the judicial guarantees to which the applicant is entitled.  The Government did not file preliminary objections in this case, and the Court has scheduled a hearing on the merits for April 19, 1997.

          b.       The Commission submitted the case of Consuelo Benavides to the Court on March 20, 1996.  The application refers to events that occurred as of December 4, 1985, when agents of the State of Ecuador arrested Ms. Benavides in an allegedly illegal and arbitrary manner,  held her incommunicado for approximately one week, tortured and killed her.  The application also states that the State of Ecuador denied Ms. Benavides access to judicial protection, and denied her family an effective judicial remedy.  In this case as well, the Government of Ecuador did not file preliminary objections.  The Court has yet to schedule a date for a hearing on the merits.

          The Commission's delegate in the Suárez Rosero case is Dr. Oscar Luján Fappiano, assisted by Dr. Elizabeth Abi-Mershed.  The Commission's delegates in the Benavides case are Professor Robert Goldman and Dr. Oscar Luján Fappiano, assisted by Dr. Elizabeth Abi-Mershed.

          Guatemala

          Preliminary Objections

          a.       In the Paniagua Morales and Others Case, the Court, in its Judgment of January 25, 1996, rejected the preliminary objections interposed by the Government of Guatemala (extemporaneous and legally invalid application by the Commission). The Commission's delegates in this case are Dean Claudio Grossman and Ambassador Jean Joseph Exumé, assisted by Dr. Elizabeth Abi-Mershed.

          b.       In the Blake case, the Court held a public hearing on preliminary objections on January 28, 1996.   The Commission was represented by its President, Dean Claudio Grossman, who was assisted by Dr. Domingo Acevedo, the Assistant Executive Secretary.  The application refers to events that occurred as of March 28, 1985, when agents of the Guatemalan State allegedly kidnapped, in an arbitrary and illegal manner, Mr. Nicholas Chapman Blake and Mr. Griffith Davis, proceeding later to their forced disappearance.  The application alleges that Guatemala failed to provide an effective judicial remedy and continuously obstructed the enforcement of justice with the purpose of concealing Mr. Blake's disappearance.

          In its Judgment of July 2, 1996, the Court considered that the preliminary objection of lack of jurisdiction of the Court, interposed by the State of Guatemala, is partly well-founded and declared itself without jurisdiction to adjudicate the alleged responsibility of Guatemala with respect to the detention and death of Mr. Blake since these events occurred prior to Guatemala's acceptance of the compulsory jurisdiction of the Court.  However, it also decided to continue the merits of the case with respect to the events that occurred after that date (1987).

          Provisional Measures

          a.       During its XXXIII Regular Session, the Court reviewed the reports presented by the Commission and the Government of Guatemala regarding the provisional measures granted in the Colotenango and Carpio Nicolle cases, both pending before the Commission.  The provisional measures were extended by the Court for another six months by resolution of September 10, 1996 in both cases.  The Commission's delegate in these two cases is Dean Claudio Grossman, assisted by Dr. Elizabeth Abi-Mershed, the lawyer in charge of Guatemala.

          b.       By Resolution dated June 27, 1996, the Court ratified the provisional measures granted by the President of the Court in the Vogt case.  Father Daniel Joseph Vogt is a catholic priest who had received multiple death threats and attempts against his life.  The Commission was represented at the hearing on provisional measures by Dr. David Padilla, Assistant Executive Secretary, assisted by Dr. Denise Gilman.

          c.       By Resolution dated June 28, 1996, the Court ratified the provisional measures granted by the President of the Court in the Serech and Saquic case.  The applicants are family members of the individuals who have taken an active part in the investigation of the killings of the Kakchiquel pastors, Pascual Serech and Manuel Saquic Vásquez, who were the subjects of threats and attacks by civil patrols and former military commissioners in the area.  The Commission was represented at the hearing on provisional measures by Dr. David Padilla, Assistant Executive Secretary, assisted by Dr. Denise Gilman.

          Cases in the initial phase

          Guatemala

          The Commission submitted the Bámaca Velásquez case to the Court on August 30, 1996.  The Commission's delegate are Dean Claudio Grossman and Dr. Carlos Ayala, assisted by Dr. Denise Gilman.  The application refers to events that occurred as of March 12, 1992, when agents of the Guatemalan Armed Forces allegedly captured Mr. Efraín Bámaca Velásquez after an armed confrontation, proceeding to keep him alive in military installations of the Armed Forces, where he was tortured and later executed.  The Commission requests that the Court declare that Guatemala has violated the Inter-American Convention to Prevent and Punish Torture, that it must investigate these events and sanction those responsible for them, inform the next-of-kin of the whereabouts of Mr. Bámaca and return his remains, reform the training of the Armed Forces of Guatemala and pay fair compensation to the victim's family and the costs of the procedure.

          Nicaragua

          Pursuant to its Judgment of January 27, 1995, the Court declared that it had jurisdiction to hear the Genie Lacayo Case, except regarding the abstract compatibility of Decrees 591 and 600 of Nicaragua with the Convention.  The Court also rejected all preliminary objections, except that of the non-exhaustion of domestic remedies, to be resolved with the merits of the case.  It considered that the Government's objections concerning the mandatory nature of the recommendations of the Commission are not preliminary objections, but rather questions on the merits.  The Court resolved to continue to hear the case.

          During its 20th regular session, the Commission presented the testimony of witnesses in this case.  The public hearing was held on September 5, 1996.  Since not all the witnesses were present the Court must decide whether it requires their testimony or to proceed directly to sentencing.  The Commission's delegates are Ambassador Alvaro Tirado Mejía and Dr. Carlos Ayala Corao, assisted by the Assistant Executive Secretary, Dr. Domingo Acevedo and Dr. Milton Castillo, the lawyer in charge of Nicaragua.

          Peru

          Merits

          In the Neira Alegría case, on January 27, 1996, the Court heard oral arguments in the reparations phase.  The Commission's delegate in this case is Dr. Oscar Luján Fappiano, assisted by the Assistant Executive Secretary, Dr. Domingo Acevedo.

          By Judgment of September 19, 1996, the Court established the approximate total compensation to be paid by the State of Peru to the next-of-kin to be US$ 154,000.  It ordered the State to create trust funds and continue the investigation of the facts and to sanction those responsible for them.  It also decided to supervise compliance of the ordered reparations and made no decision on the costs requested by the Commission.

          Preliminary Exceptions

          a.       In the Castillo Páez Case, the Court, in its Judgment of January 30, 1996, decided unanimously to reject the preliminary objections interposed by the Government of Peru (non-exhaustion of domestic remedies and inadmissibility of the application) and to continue hearing the merits of the case.  No hearing on the merits was scheduled during 1996.  The Commission's delegates are Dr. Carlos Ayala Corao and Ambassador Alvaro Tirado Mejía, assisted by the Assistant Executive Secretary, Dr. Domingo Acevedo.

          b.       In the Loayza Tamayo Case, the Court in its Judgment of January 31, 1996, decided to reject the preliminary objection interposed by Peru (non-exhaustion of domestic remedies) and to continue hearing the merits of the case.  The case was submitted to the Court on January 12, 1995 and alleges arbitrary deprivation of liberty, torture, cruel, inhuman and degrading treatment, denial of judicial protection and due process.  The Commission's delegate in this case is Dr. Oscar Luján Fappiano, assisted by the Assistant Executive Secretary, Dr. Domingo Acevedo. 

          Cases in the initial phase

          a.       The Cantoral Benavides Case was submitted to the Court on August 8, 1996.  According to the application, Mr. Luis Alberto Cantoral Benavides was illegally deprived of his freedom and subjected to cruel, inhuman and degrading treatment.  The Commission's delegate in this case is Dr. Carlos Ayala Corao, assisted by the Assistant Executive Secretary, Dr. Domingo Acevedo.

          b.       The Durand and Ugarte Case was submitted to the Court on August 8, 1996.  The case concerns acts that occurred as of February 14 and 15, 1986, when, according to the application Nolberto Durand Ugarte and Gabriel Ugarte Rivera were detained under suspicion of having participated in terrorist activities and were imprisoned in the San Juan Bautista (The Frontón) Jail.  In June 1986, an uprising occurred in this penitentiary, and from that date Mr. Durand Ugarte and Mr. Ugarte Rivera are missing.  However, on July 17, 1987, the Sixth Tribunal of Corrections of Lima resolved that they were innocent and ordered their immediate freedom.  The Commission's delegate in this case is Ambassador John S. Donaldson, assisted by the Assistant Executive Secretary, Dr. Domingo Acevedo.

          Venezuela

          On January 27, 1996, the Court held a public hearing and heard the points of view of the Commission and the Government of Venezuela with regard to the reparations phase of the El Amparo case.  The Commission's delegates in this case are Dr. Oscar Luján Fappiano and Dean Claudio Grossman, assisted by Dr. Milton Castillo, the lawyer in charge of Venezuela.

          By Judgment of September 14, 1996, the Court established  US$ 722,000 as the approximate total amount of compensation due by the State of Venezuela to the next-of-kin of the victims and the survivors to which the case refers.  Furthermore, it ordered the State to create trust funds and continue its investigation of the facts and to sanction those responsible.  It also decided to supervise compliance with the ordered reparations and made no decision regarding costs.

          6.         SEMINAR ON HUMAN RIGHTS

          From December 2-4, the Inter-American Commission on Human Rights held a seminar on human rights at which judges of the Court, representatives of member states and other users of the system, such as experts in the field, working in non-governmental human rights organizations and academic institutions, as well as judges, legislators and representatives of other international organizations such as the United Nations and the European Union, participated.

          The seminar, organized and sponsored by the Commission, aimed to further the discussion of issues relevant for the future of the regional system, thereby enriching the dialogue between the different actors interested in strengthening the system. 

          Approximately 170 persons attended the three day seminar which included panels on the following issues:  Panel 1: Structure of the Inter-American System for the Promotion and Protection of Human Rights. Evaluation and Challenges;  Panel 2: Individual Cases- Admissibility;  Panel 3: Individual Cases- Processing;  Panel 4: Other Areas within the Competence of the Commission;  Panel 5: Domestic Law and the Regional System;  Panel 6: Inter-American Court- Contentious and Advisory Jurisdiction;  Panel 7: New Challenges.  The Secretary General also submitted an important document to this seminar entitled "Toward a New Vision of the Inter-American Human Rights System."

          7.         OTHER ACTIVITIES

          a.       The Inter-American Commission of Women, the Pan American Health Organization, the Inter-American Institute of Human Rights and the Inter-American Commission on Human Rights co-sponsored a conference entitled "Women, Human Rights and the Inter-American System:  an Agenda for Action" which took place on March 29, 1996.  Among the themes which were considered were violence against women, discrimination, the right to political participation and the steps which must be taken in order to realize the priorities established at the United Nations Fourth World Conference on Women, held in Beijing in 1995.

          b.       Also, since the Commission approved the Draft Inter-American Declaration on the Rights of Indigenous Peoples in September 1995, it has begun a process of broad direct consultations with governments and indigenous organizations.  The Draft was presented by the Commission in Arequipa, Peru; in Panama; at the General Kuna Congress in Canada; in special meetings on the subject held in Montreal and Ottawa; in Guatemala (March 1996); at the Sovereignty Symposium held in Tulsa, Oklahoma and elsewhere.

          Representatives of more than one hundred indigenous organizations from Canada and the United States prepared a proposal for revision of the document in Denver, Colorado in May, 1996.  Thereafter, with the cooperation of the Indigenous Fund, the Inter-American Indian Institute and the Unit for the Promotion of Democracy, national consultations were held in 11 countries in South and Central America, with a broad representation on the part of indigenous organizations, the results of which were analyzed in two regional consultation meetings held in November 1996 in Guatemala (for Central America, Mexico and the Caribbean) and in Quito (for South America).  When this stage was completed, the Draft was analyzed at the 1st Indigenous Forum of the Americas (held in Mexico in December 1996) organized by the Inter-American Indian Institute.  Also a considerable number of replies were received from member states.  As a result of these replies, the Commission plans to revise its draft at its next period of sessions (February 1997).

          c.       The Commission, in a press release issued on November 13, 1996, deplored the situation of 60 soldiers of the Colombian army who had been kidnapped and whose whereabouts were unknown.  For humanitarian reasons, the Commission called for their release.  Again, on December 18, 1996, the Commission in another press release, deplored the taking of hundreds of hostages by an armed group of the Tupac Amaru Revolutionary Movement (MRTA) in the Embassy of Japan in Lima, Peru and called for their release.

          d.       From December 10-14, 1996, Dr. Oscar Luján Fappiano with two members of the Executive Secretariat traveled to Lima, pursuant to the a decision of the Inter-American Court of Human Rights, in order to depose seven (7) witnesses in a case pending before the Court.

          e.       In mid-January 1997, the President of the Commission with the lawyer in charge of Paraguay traveled to Asunción in order to further a friendly settlement regarding three pending cases.

          f.        January 30-31, 1997 a seminar was held in Brasilia on the promotion of human rights.  This event, organized by the Ministries of Foreign Affairs and Justice of Brazil, with the collaboration of the IACHR, was attended by 160 participants including judges, prosecutors, members of the Security Forces, professors of law and students from Brazil and other countries of the Southern Cone.

          g.       From February 9-15, 1997 a special delegation of the Commission traveled to Colombia in order to analyze the status of pending friendly settlements.  The delegation was comprised of Professor Robert Kogod Goldman, the Executive Secretary, Ambassador Jorge E. Taiana, and Dr. Denise Gilman.  The members of the delegation met with government officials, with petitioners and with representatives of the victims, in order to advance the friendly settlements in these cases.  The Commission wishes to express its gratitude to the Government of Colombia for the assistance that it received during this working visit.

          h.       The IACHR held a Technical Meeting to revise the draft American Declaration on the Rights of Indigenous Peoples on January 31, February 1-2, 1997.  During that meeting the IACHR completed its program of direct consultations at the national and regional level with governments, indigenous organizations and experts, as regards the draft Declaration.  As will be further elaborated in Chapter IV of this Annual Report, the IACHR, in cooperation with OAS organs, carried out 16 national consultations (in all the countries of Central and North America and in 8 countries in South America); 5 meetings of consultation with indigenous groups at the multinational and regional level and lastly, the technical meeting mentioned above.

          During this Technical Meeting the responses and conclusions of the earlier meetings were revised, and on this basis a revised draft was prepared.  The Rapporteurs, Professor Carlos Ayala Corao and Ambassador John Donaldson, participated in this meeting, as well as the specialist in charge of this subject in the Executive Secretariat of the Commission, and other experts on indigenous and international law were contracted.  For this program of consultations, the IACHR received financial assistance from the Inter-American Development Bank.