1. This chapter includes precautionary measures, Article 51 reports that the Commission has decided to publish, cases declared inadmissible, and reports on admissibility. Also presented are the actions initiated by the Commission before the Inter-American Court of Human Rights regarding provisional measures, contentious cases, and advisory opinions.

2. The first section of this chapter discusses precautionary measures. The Commission has continued its practice of reporting the precautionary measures requested by the Commission to the Organization’s member states, at its own initiative or at the behest of a party, in cases where it is necessary to prevent irreparable damage to persons whose lives and personal integrity are seriously threatened.

3. The second section of this chapter includes the Article 51 reports that the Commission has decided to publish. In 1998, the IACHR agreed to publish 25 reports. This section also includes those cases declared inadmissible by the IACHR (10 in all) and those in which an opinion on admissibility was issued (a total of 35) and friendly settlements reached (2 instances).

4. The third section of this chapter covers the main steps taken by the IACHR in the contentious cases, and an application for an advisory opinion before the Inter-American Court of Human Rights. It also refers to the provisional measures requested by the Commission from the Court in cases of extreme gravity and urgency, pursuant to Article 63(2) of the American Convention on Human Rights.

2.    Petitions and cases before the Inter-American Commission on Human Rights

A.    Precautionary measures granted or extended by the Commission in 1998

5. Pursuant to Article 29(1) of its Regulations the Commission may, at its own initiative or at the request of a party, take any action it considers necessary for the discharge of its functions; (2) in urgent cases, when it becomes necessary to avoid irreparable damage to persons, the Commission may request that precautionary measures be taken to avoid irreparable damage in cases where the facts reported are true; (3) if the Commission is not in session, the Chairman or, in his absence, one of the Vice Chairmen, shall consult with the other members, through the Secretariat, on implementation of the provisions of points 1 and 2 above. If it is not possible to consult within a reasonable time, the Chairman shall take the decision on behalf of the Commission and shall so inform its members immediately; (4) the request for such measures and their adoption shall not prejudice the final decision.

 a.    Bahamas

6. On April 1, 1998, the Commission requested the adoption of precautionary measures on behalf of Trevor Fisher (case 11.643), who has been sentenced to death and whose execution was scheduled for April 2, 1998. The Commission requested that the State of The Bahamas grant Fisher a stay of execution until a decision was reached on the merits of the case.

7. On August 14, 1998, the Commission requested the adoption of precautionary measures on behalf of 120 Cuban detainees in The Bahamas, who had requested refugee status and were to be deported to Cuba. The Commission requested that the State of The Bahamas not deport these Cuban nationals until it was able to study in detail the human rights violations reported in their complaint before the Commission.

8. On December 10, 1998, the Commission requested the adoption of precautionary measures on behalf of Michael Edwards, whose case 12.067 is pending before the Commission and who has been sentenced to death. The Commission requested a stay of execution until a decision was reached on the merits of the case.

9. On December 10, 1998, the Commission requested the adoption of precautionary measures on behalf of Omar Hall, whose case 12.068 is pending before the Commission and who has been sentenced to death. The Commission requested a stay of execution until a decision was reached on the merits of the case.

10. On January 19, 1999, the Commission requested the adoption of precautionary measures on behalf of Brian Shroeter and Jeronimo Bowleg, whose case 12.086 is pending before the Commission and who have been sentenced to death. The Commission requested a stay of execution until a decision was reached on the merits of the case.

11. On January 27, 1999, the Commission requested the adoption of precautionary measures on behalf of Nelson García Fernández, Judith Bravo Cuencas, and their son, who were to be deported from The Bahamas to Cuba. The Commission requested that the State of The Bahamas suspend the deportation of Mr. García and his family and that due process be observed in reaching the decision on asylum, particularly as regards prompt access to information and the possibility of appealing the Ministry of External Relations’s decision on the petition for asylum through the judicial system.

b.    Brazil

12. On March 20, 1998, the Commission requested the adoption of precautionary measures on behalf of Luzia Canuto. Mrs. Canuto is the daughter of an agricultural labor union leader assassinated in the past and is a plaintiff and witness in the trial of those responsible for her father’s death. The measures were requested to protect her and prevent her from being transferred upcountry to teach in an area that is especially dangerous for her.

 13. In October 1998, as a result of new threats, the Commission reinstated its precautionary measures adopted in February 1995 on behalf of Father Ricardo Rezende (case 11.287), a human rights advocate in the southern region of Pará, and requested an immediate investigation into the new threats reported.

14. On December 16, 1998, the Commission requested the adoption of precautionary measures on behalf of María Emilia De Marchi and other persons convicted of kidnaping. The convicts, protesting the extension of their sentences and alleging mistreatment in the penal system, began a hunger strike. This case 12.002 is being processed by the Commission.

c.    Canada

15. On July 31, 1998, the Commission requested the adoption of precautionary measures on behalf of Andrew Levi Harte, pending imminent deportation from Canada to Guyana. The Commission requested the State of Canada not to deport Mr. Levi Harte while it examined reports of human rights violations in his petition.

16. On January 24, 1999, the Commission requested the adoption of precautionary measures on behalf of Tavebeh Moeinneddin and his children, whose case 12.407 is pending before the Commission and refers to the imminent deportation of Mr, Moeinneddin and his family. The Commission requested suspension of deportation until a decision was reached on the merits of the case.

 d.    Colombia

17. On January 7, 1998, the Commission requested the adoption of precautionary measures for case 11.101, to protect the personal integrity of Maximiliano Campo and 11 others. These persons are leaders in the Páez indigenous community and are threatened by the presence of a paramilitary group in Caloto and other areas in the north of the Cauca region.

18. On January 27, 1998, the Commission requested the adoption of precautionary measures on behalf of Mario Humberto Calixto Montañez, his family and other members of the Regional Human Rights Committee of Sabana de Torres. Mr. Calixto was subjected to harassment and acts of violence by paramilitary groups in retaliation for his work as a human rights advocate.

19. On February 11, 1998, the Commission requested the adoption of precautionary measures on behalf of Jesús Ramiro Zapata, teacher and member of the Segovia human rights committee. Mr. Zapata was exposed to retaliation for his work as a human rights advocate in the northeast of Antioquia.

20. On June 10, 1998, the Commission requested the adoption of precautionary measures on behalf of Eduar Rancheros, a member of the Missionary Team of the Intercongregational Commission for Justice and Peace that accompanies the San José de Apartadó Peace Community, a community that is also protected by the measures requested on December 17, 1997. Mr. Rancheros received threats from members of the National Army in Carepa, Urabá.

21. On October 21, 1998, the Commission requested the reactivation of the precautionary measures adopted to protect the lives and physical integrity of CUT leader Domingo Rafael Tovar Arrieta and his family. The Commission initially requested the adoption of protective measures for Mr. Arrieta on November 21, 1997. This request was shelved on January 12, 1998 when the subject left the country. The measures were reactivated after Mr. Tovar Arrieta received threats upon his return. The threats Mr. Tovar Arrieta received coincided with the assassination of CUT Vice President Jorge Ortega.

22. On January 11, 1999, the Commission ratified continuation of the precautionary measures originally requested on December 17, 1997 on behalf of those in the camp for displaced persons from Coliseo de Turbo and Bocas del Atrato.

e.    United States of America

23. On January 29, 1999, the Commission requested the adoption of precautionary measures on behalf of Sean Sellers, who was sentenced to death in Oklahoma and whose execution was scheduled for February 4, 1999. The Commission asked the U.S.A. for a stay of execution for Mr. Sean Sellers until it could study the reports of alleged violations of his human rights, since he was a minor when he committed the crime for which he was sentenced to capital punishment, and he was mentally incapacitated. The request notwithstanding, Mr. Sellers was executed on the scheduled date.

f.    Guatemala

24. On April 8, 1998, the Commission requested the adoption of precautionary measures on behalf of Diego Esquina Mendoza and other persons, who were in preventive detention in Sololá, were seriously ill and found themselves in a situation dangerous to their health because of the poor conditions of their detention. The Commission requested that the State of Guatemala take the necessary measures to protect the physical integrity of the detainees.

25. On May 13, 1998, the Commission requested the adoption of precautionary measures on behalf of 111 persons connected with the Interdiocesan Project for the Recovery of Historical Memory (REMHI), who had apparently been threatened because of the work they did. The Commission requested the State to take the necessary measures to protect their lives and physical integrity.

26. On September 9, 1998, the Commission requested the adoption of precautionary measures on behalf of retired Captain Marco Antonio Ríos Morales and his family, who had been threatened and whose lives were affected by the bombing of his parked car. The Commission requested the State to take the necessary measures to protect the life and physical integrity of Mr. Ríos Morales and his family.

g.    Jamaica

27. On June 25, 1998, the Commission requested the adoption of precautionary measures on behalf of Steve Shaw, whose case 12.018 is pending before the Commission and who has been sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

28. On June 30, 1998, the Commission requested the adoption of precautionary measures on behalf of Desmond Taylor, whose case 12.022 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

29. On June 30, 1998, the Commission requested the adoption of precautionary measures on behalf of Desmond McKenzie, whose case 12.023 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

30. On July 1, 1998, the Commission requested the adoption of precautionary measures on behalf of Beresford Whyte, whose case 12.024 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

31. On July 1, 1998, the Commission requested the adoption of precautionary measures on behalf of Silbert Daley, whose case 12.025 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

32. On July 1, 1998, the Commission requested the adoption of precautionary measures on behalf of Deon McTaggart, whose case 12.026 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

33. On July 1, 1998, the Commission requested the adoption of precautionary measures on behalf of Andrew Perkins, whose case 12.027 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

34. On July 2, 1998, the Commission requested the adoption of precautionary measures on behalf of Everton Morrison, whose case 12.029 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

35. On July 15, 1998, the Commission requested the adoption of precautionary measures on behalf of Milton Montique, whose case 11.846 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

36. On July 15, 1998, the Commission requested the adoption of precautionary measures on behalf of Dalton Daley, whose case 11.847 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

37. On July 15, 1998, the Commission requested the adoption of precautionary measures on behalf of Leroy Lamey, whose case 11.826 is pending before the Commission and who is sentenced to death. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

38. On August 17, 1998, the Commission renewed its request of November 20, 1997 for precautionary measures on behalf of Mr. Lewis, whose case 11.825 is pending before the Commission and who is sentenced to death and scheduled for execution on November 27, 1998. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

39. On November 20, 1998, the Commission requested the adoption of precautionary measures on behalf of Milton Monique and Dalton Daley, whose cases 11.846 and 11.847 are pending before the Commission and who have been sentenced to death and scheduled for execution on November 26 and 27, 1998. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

40. On November 20, 1998, the Commission renewed its request of November 19, 1997 for precautionary measures on behalf of Peter Blaine, whose case 11.827 is pending before the Commission and who was sentenced to death and scheduled for execution on November 26, 1998. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

41. On December 2, 1998, the Commission requested the adoption of precautionary measures on behalf of Kevin Mycoo, whose case 11.843 is pending before the Commission and who was sentenced to death and scheduled for execution on December 8, 1998. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

42. On December 2, 1998, the Commission renewed its request of November 20, 1997 for precautionary measures on behalf of Leroy Lamey, whose case 11.826 is pending before the Commission and who was sentenced to death and scheduled for execution on December 8, 1998. The Commission requested a stay of execution until a decision could be reached on the merits of the case.

43. On December 9, 1998, the Commission requested the adoption of precautionary measures on behalf of Damion Thomas, whose case 12.069 is pending before the Commission and who is incarcerated in the St. Catherine prison in Jamaica and alleges mistreatment by prison officials. The Commission requested that the necessary measures be taken to prevent Mr. Thomas from suffering irreparable damage.

 h.    Mexico

44. On April 1, 1998, the Commission requested the adoption of precautionary measures on behalf of two nuns, Miriam Halsall and Mary Therese Mullock, one Irish and the other Australian, who were working in Chiapas and who were on the list of foreign missionaries and religious personnel for whom the Commission had previously requested that the State of Mexico provide protection against imminent and arbitrary expulsion. The cases of Halsall and Mullock were more pressing because of their upcoming interviews with the immigration authorities. The State was requested to guarantee them due legal process, the right to a proper defense, access to information on their immigration cases, and, if expulsion was decided, suspension of its execution until a final judicial decision was handed down.

45. On October 20, 1998, the Commission requested the adoption of precautionary measures on behalf of Bernardo Vásquez and 8 other members of the Peasant Organization of Sierra del Sur (OCSS), which had reported serious harassment and threats against the lives and personal security of their leaders and members. They indicated that between June 28, 1996 and the date of the request, 34 members of the organization—branded "subversive" by the government—were assassinated. Several victims of the Aguas Blancas massacre belonged to the OCSS. They also reported that Erika Zamora Pardo (arrested during the events of El Charco in June 1998) had, under torture, allegedly implicated the involvement of Rocío Mesino in the Insurgent People’s Revolutionary Army. As a result of this, the Mesino family had been harassed and physically attacked. On July 9, 1998, Eusebio Vásquez Juárez, OCSS leader, was assassinated after having received a number of death threats from the judicial police. Other members of the OCSS were beaten in Guerrero after testifying to human rights violations before a delegation from Amnesty International. The petitioners stressed that the State of Mexico had refused to comply with the recommendations of report 49/97 on the Aguas Blancas massacre. They requested protection for the lives and physical integrity of the various members of the OCSS and investigation and punishment of the violations reported, including the death of Váquez Juárez.

46. On November 9, 1998, the Commission requested the adoption of precautionary measures on behalf of Magencio Abad Zeferino and Miguel A. Zeferino Domínguez. The measures were requested on behalf of one of the victims in case 11.875 and his young son, who had been threatened by strangers at their own home, during the night, supposedly because of the complaints reported by Zeferino regarding the facts of the case in question.

i.    Paraguay

47. On September 11, 1998, the Commission requested that the State of Paraguay adopt precautionary measures on behalf of Major (SR) Oscar Ramón Elías Céspedes, because of threats he allegedly received for testifying before a Special Military Tribunal. The Commission requested that the State of Paraguay take the necessary measures to guarantee the life and physical integrity of Mr. Elías Céspedes and his family.

 j.    Peru

48. On March 6, 1998, the Commission requested that the State of Peru adopt precautionary measures on behalf of Baruch Ivcher, whose case Nº 11.762 is before the Commission. The Commission requested that, while Mr. Ivcher’s case is pending the decision of the Commission, the State refrain from taking or executing any action or measure that would worsen his situation, including ordering his capture by Interpol.

49. On October 29, 1998, the Commission requested that the State of Peru adopt precautionary measures on behalf of Mr. Francisco Xavier Morales Zapata, who is detained and ill. His case Nº 11.167 is before the Commission. The Commission requested that the State of Peru take the necessary measures to properly treat Mr. Morales Zapata’s illness.

50. On November 13, 1998, the Commission requested that the State of Peru adopt precautionary measures on behalf of Attorney Heriberto Manuel Benítez Rivas, President of the Executive Commission on Human Rights of the prestigious Lima Bar Association. The precautionary measures requested are connected with the adoption of measures to guarantee the lives and physical integrity of Mr. Benítez Rivas and his family.

51. On December 9, 1998, the Commission requested that the State of Peru adopt precautionary measures on behalf of Mrs. Neomy Even Shartz de Ivcher and Ms. Michal Ivcher Even, wife and daughter of Mr. Baruch Ivcher Bronstein, whose case No. 11.762 is before the Commission. The precautionary measures requested are to nullify orders issued by the State of Peru to capture Mrs. Even de Ivcher and Ms. Michal Ivcher, and to put an end to the reported persecution and terrorization they have suffered.

52. On December 18, 1998, the Commission requested that the State of Peru adopt precautionary measures on behalf of journalist Augusto Noreña Llanos, director of the "Regional" newspaper in Huánuco. The precautionary measures requested are aimed at guaranteeing Mr. Noreña Llanos’s life and physical integrity and investigating the threats he has received.

k.    Trinidad and Tobago

53. On June 8, 1998, the Commission requested the adoption of precautionary measures on behalf of Wilson Prince, who was sentenced to death and whose case Nº 12.005 was before the Commission. The Commission requested that the State of Trinidad and Tobago grant a stay of execution of Mr. Prince.

54. On August 4, 1998, the Commission requested the adoption of precautionary measures on behalf of Mario Pedro, who was sentenced to death and whose case No. 12,039 was before the Commission. The Commission requested that the State of Trinidad and Tobago grant a stay of execution of Mr. Pedro.

55 On August 6, 1998, the Commission requested the adoption of precautionary measures on behalf of Mervyn Edmund, who was sentenced to death and whose case 12.042 was before the Commission. The Commission requested that the State of Trinidad and Tobago grant a stay of execution of Mr. Edmund.

56. On August 19, 1998, the Commission requested the adoption of precautionary measures on behalf of Samuel Winchester, who was sentenced to death and whose case 12.043 was before the Commission. The Commission requested that the State of Trinidad and Tobago grant a stay of execution of Mr. Winchester.

57. On September 23, 1998, the Commission requested the adoption of precautionary measures on behalf of Martin Reid, who was sentenced to death and whose case 12.052 was before the Commission. The Commission requested that the State of Trinidad and Tobago grant a stay of execution of Mr. Reid.

58. On December 18, 1998, the Commission requested the adoption of precautionary measures on behalf of Rodney Davis, who was sentenced to death and whose case 12.072 was before the Commission. The Commission requested that the State of Trinidad and Tobago grant a stay of execution of Mr. Davis.