A.         Introduction 

8.     On may 21, 1999, the IACHR granted precautionary measures on behalf of Mr. José Luis Ojeda and his family, and requested that the Argentine State take the measures necessary to ensure their lives and physical integrity, relocate them in a safe place, and investigate in order to determine responsibility for the injuries and threats received. These measures were granted in light of the fact that, according to the information presented, Mr. Ojeda had been harassed, threatened and injured for having given testimony in which he identified the material author of the blows which he received during a search of his home in 1998. The petitioners later requested that the measures be maintained since very little progress had been made in the inquiries and the arrangements for relocation to a safe place had been temporary. During the period of the present report, the parties continued presenting information and observations in relation to this situation.

9. On October 27, 1999, the IACHR granted precautionary measures on behalf of Mr. Julio Mera, a Peruvian citizen who has been legally resident in Argentina for the past eight years, to prevent his extradition to his country of origin, Peru, for a period of six months, until his petition has been reviewed. According to the information received, Mr. Mera had been detained in July of 1998 following a request by the Peruvian government for his extradition to try him for acts with political implications that had occurred almost a decade earlier. The Federal Judge who heard the case granted the request for extradition, and this ruling was appealed and taken to the Supreme Court of Justice. Parallel to the extradition proceeding, the Committee on the Eligibility of Refugees, CEPARE, had, at the request of Mr. Mera, granted him the status of refugee, which meant that the case before the Supreme Court of Justice was closed. The Government of Peru appealed the decision of CEPARE, and a ruling on that appeal is still pending. During the period of the present report, the parties continued presenting information and observations in relation to this situation.

b. The Commonwealth of the Bahamas

10. On November 18, 1999, the Commission granted precautionary measures in favor of Mr. Peter Cash, who is condemned to death and whose case is pending before the Commission under number 12.231. The Commission requested that The Bahamas stay the execution of Mr. Cash until such time as it had issued a decision on his petition. The Commission did not receive a response to its request from the State.

11. On December 17, 1999, the Commission granted precautionary measures in favor of Messrs. David Mitchell and John Junior Higgs (cases 11.872 and 11.832, respectively), and requested that The Bahamas stay the executions of Messrs. Mitchell and Higgs until such time as it had issued a decision on his petition. By letter dated December 23, 1999, the State informed the Commission that the "Government has already waited a reasonable time for the receipt of recommendations from the IACHR in respect of Messrs. Higgs and Mitchell and will not further postpone the process of its domestic law." On January 5, 2000, the Commission reiterated its request to the State. The Commission was informed by the petitioners by letter dated January 5, 2000, that on January 4, 2000, Mr. Higgs had committed suicide while shaving. The Commission was informed by the petitioners on February 23, 2000 that Mr. Mitchell had been executed by the State on January 6, 2000.

12. During the period of this report, the Commission continued receiving information in relation to the precautionary measures granted and reported on in its 1998 Annual Report in favor of Messrs. Brian Schroeter and Jeronimo Bowleg (case 12.086), Mr. Michael Edwards (case 12.067) and Mr. Omar Hall (case 12.068).

c. Brazil

13. On June 24, 1999, the Commission granted precautionary measures in favor of attorney Joaquín Marcelo Denadai, a human rights defender and a key witness in corruption cases, and on behalf of Public Prosecutor, José Luis Azevedo da Silveira, both of the State of Espíritu Santo, on account of the serious death threats made against them by the para-military organization Scuderie Le Coq (this matter is being processed as case 12.003). This request was reiterated to the State on September 7, 1999. During the period of the present report, the parties continued presenting information and observations in relation to these measures.

14. During the period covered by this report, the Commission continued receiving information in relation to the precautionary measures granted and reported on in its 1998 Annual Report in favor of the Harte family (case 11.862), and Mrs. Tavabeh Moeineddin and children (case 12.047).

e. Chile

15. On June 18, 1999, the Commission granted precautionary measures on behalf of Messrs. Bartolo Ortiz and Carlos Orellana, who, according to the information received, were under a detention order following the publication of the "Black Book of Chilean Justice" by the journalist Alejandra Matus. On July 19, 1999, the Commission amplified the measures to extend to the author Alejandra Matus, requesting guarantees for her security and physical integrity, as well as her right to freedom of expression and her intellectual property rights. During its 104^th regular session, the Commission convoked the parties for a hearing to consider the question of precautionary measures. In various presentations, the State reported: that on July 20, 1999, charges against Messrs. Orellana and Bartolo Ortiz in the case of the author of the book had been dismissed; that on May 14, 1999, Ms. Alejandra Matus Acuña had been declared in contempt for failure to attend the investigation hearing; that the Court of Appeals of Santiago had revoked the order initiating criminal proceedings against Messrs. Ortiz and Orellana; and that there was no order to institute proceedings or order of detention against Alejandra Matus Acuña. The Government argued that the right to intellectual property exceeded the scope of protection provided by the American Convention.

16. On March 3, 1999, the Commission requested precautionary measures on behalf of Patricia Ballestero Vidal, Lee Pope and Arnold Fuentes, of Spanish, United States and French nationality respectively, who, according to the information received, had been ordered expelled for having participated in and expressed their support and solidarity for a demonstration organized by the Pehuenches indigenous population on February 18, 1999 in the Alto Bio-Bio. In reply, the Chilean State informed the Commission that the order for the expulsion of the aforementioned persons had been rescinded.

f. Colombia

17. On January 28, 1999, the Commission learned that investigators Jairo Bedoya, Olga Rodas, Jorge Salazar and Claudia Tamayo, of the Popular Training Institute (IPC), had been abducted that afternoon by a group of armed civilians who had forced their way into the headquarters of the IPC in Medellin, Antioquia. That very afternoon, the Commission granted precautionary measures in favor of the persons named and immediately and urgently contacted the State of Colombia to request that the necessary measures be taken to ascertain the whereabouts of the victims and to protect their lives, physical integrity and liberty. Olga Rodas and Claudia Tamayo were freed on February 11, 1999, while Jairo Bedoya and Jorge Salazar regained their liberty on February 19, 1999. Responsibility for the kidnappings was claimed by the "Autodefensas" of Córdoba and Urabá.

18. On February 10, 1999, the Commission granted precautionary measures and requested that the State of Colombia adopt measures to protect the lives and personal integrity of the members of the Association of Relatives of the Victims of Trujillo (AFAVIT) resident in the municipality of Trujillo as well as the members of the permanent support team of the Inter-Congregational Commission of Justice and Peace, based in Trujillo. According to the available information, the members of AFAVIT and the support team had allegedly been the subject of threats against their lives, physical integrity and freedom of expression, association, residence and movement. Pursuant to the response of the State, the parties continued presenting information and observations in relation to these measures.

19. On March 9, 1999, the Commission granted precautionary measures and requested that the State of Colombia adopt measures to protect the lives and physical integrity of the members of the Congregation of the Vicentina Mission. According to the information received, the members of this religious congregation, which is part of the Council of the Inter-Congregational Commission of Justice and Peace, were the subject of threats against their personal integrity after the announcement of the closure of the office of the Inter-Congregational Commission for Justice and Peace in Trujillo, Department of Valle del Cauca, on February 21, 1999, that closure having been produced by reason of the events denounced to the Commission on February 10, 1999 (see the preceding entry). Pursuant to the response of the State, the parties continued presenting information and observations in relation to these measures.

20. On July 30, 1999, the Commission granted precautionary measures and requested that the State of Colombia adopt effective measures to protect the lives and physical integrity of the members of the Committee of Solidarity with Political Prisoners, particularly those belonging to the Atlántico, Norte de Santander and Tolima sections. Information before the Commission indicated that a number of members of the Committee were alleged to have been the object of public labeling, threats, attacks, murders and disappearances. Pursuant to the response of the State, the parties continued presenting information and observations in relation to these measures.

21. On August 23, 1999, the Commission granted precautionary measures and requested that the State of Colombia adopt effective measures to protect the lives and personal integrity of Mr. Francisco Arteaga Benavides and his family. According to the information presented to the Commission, Mr. Arteaga Benavides, who serves as a spokesman for Cartagena del Chairá, in the Department of Caquetá, was alleged to have received threatening telephone calls and harassment of the type that usually precedes criminal attacks and to have been "publicly identified as a spokesman for the guerrillas" by a high ranking official of the National Army of Colombia. During the period covered by this report, the parties continued presenting information and observations in relation to these measures.

22. On September 28, 1999, the Commission granted precautionary measures and requested that the State of Colombia adopt effective measures to protect the lives and physical integrity of Messrs. Julio César Robledo Quintero, Jaime Sarmiento Otero, Jhon Fredy Posso, Carlos Arturo López Ríos and Octavio Millán Noreña, members of the Board of Directors of the Permanent Human Rights Committee of Tuluá, in the Department of Valle del Cauca. According to the information before the Commission, the members of this Committee were alleged to have received death threats, and one of them, Julio César Robledo Quintero, survived an actual murder attempt, allegedly carried out by the "Autodefensas del Valle." During the period covered by this report, the parties continued presenting information and observations in relation to these measures.

23. On November 29, 1999, the Commission granted precautionary measures and requested that the State of Colombia take the necessary actions to ascertain the whereabouts of Messrs. Edgar Quiroga and Gildardo Fuentes, spokesmen for the peasant migration from Magdalena Medio, and to protect their lives and physical integrity. According to the information received, on November 28, 1999, Messrs. Edgar Quiroga and Gildardo Fuentes had been arrested by units of Battalion 45 Héroes of Majagual at the place known as La Vereda La Placita, in the district of Cerro Azul, municipality of San Pablo. According to eyewitness accounts, the detained persons are alleged to have been tied to a tree and tortured, after which they were kept in detention by the self-defense units ("Autodefensas"), which publicly acknowledged their participation in the incident. The Commission also requested that measures be adopted to guarantee the security of the residents of La Vereda La Placita who had witnessed and denounced the acts of torture.

24 On December 6, 1999, the Commission again communicated with the State in connection with this matter to request the amplification of the precautionary measures mentioned above to include Messrs. Libardo Campo Traslaviña, Gilberto Guerra Hernández, Andrés Gil, Francisco José Campo, Ramón Rangel, José Cediel Mondragón Sánchez, Isidro Alarcón Bohorquez and Tito Muñoz, who, like Mr. Edgar Quiroga, had served as spokespersons for the peasant migration and whose personal security was also in danger. During the period covered by this report, the parties continued presenting information and observations in relation to these measures.

25. On March 8, 2000, the Commission addressed the State for the purpose of requesting the adoption of precautionary measures to protect the life, physical integrity and liberty of Jairo Bedoya Hoyos, whose whereabouts were unknown since Thursday, March 2, 2000. Mr. Bedoya Hoyos, who had held diverse elected positions and worked in favor of human rights in marginalized, black and indigenous communities, had received threats prior to his disappearance from various actors within the armed conflict, especially the paramilitary groups of the zones of Antioquia and Chocó.

26. During the period covered by this report, the parties continued to present information and observations in relation to the precautionary measures granted during 1998 in favor of the Camp of Displaced Persons of Coliseo de Turbo and Bocas del Atrato; the Community of Peace of San José de Apartado; and Mr. Domingo Rafael Tovar Arrieta and his family.

g. Dominican Republic

27. On August 27, 1999, the Commission granted precautionary measures in favor of Dilcia Yean and Violeta Bosica. According to the information before the Commission, they had been denied Dominican nationality, despite having been born in the territory of the Dominican Republic and despite the fact that the Constitution establishes the principle of ius soli. By denying them this right, they were exposed to the imminent threat of arbitrary expulsion from their country of birth. The Commission required the State to adopt the measures necessary to prevent their expulsion from the territory of the Dominican Republic, and to prevent Violeta Bosica from being deprived of her right to attend school and to receive the education provided to other children of Dominican nationality. During its 104^th session, the Commission convened the parties for a hearing to deal with these precautionary measures. At that hearing, the State declared that the measures requested by the IACHR were being implemented, and the parties agreed to seek a friendly settlement through the good offices of the Commission.

28. On February 22, 1999, the Commission granted precautionary measures on behalf of Josefina Juan de Pichardo and her two children, Reemberto José Pichardo Juan and Alicia María Pichardo Juan, and asked the State to adopt the concrete measures necessary to safeguard their lives and physical integrity. According to the information received, Mrs. Juan had made public complaints against high level Dominican public officials linking them to drug trafficking. As a result of those complaints, she had received grave threats against her own and her two children’s lives and physical integrity. On March 10, 1999, the State reported that both Mrs. Pichard and her family members were moving about freely without any impediment. On April 22, 1999, the Commission received information to the effect that neither Mrs. Juan de Pichardo nor her children had received further threats against their lives and physical integrity.

29. On November 22, 1999, the Commission granted precautionary measures and requested that the Government of the Dominican Republic take the actions necessary to put an end to mass expulsions of foreigners and, where persons in the territory of the Dominican Republic were to be deported, to fully observe the requirements of due process. This request was based on information received in which the petitioners indicated that thousands of persons of Haitian origin and Dominicans of Haitian descent had been expelled by the authorities of the Dominican Republic, through collective round-ups, and without legal procedures to properly determine the nationality and family ties of the expelled persons. The petitioners complained that the expulsions had been carried out in such a way that it had not been possible to communicate with their family members and that they had not been permitted to take their belongings with them. The State replied on December 15, 1999 rejecting the request for precautionary measures on the grounds that it did not conform to the provisions of Article 29, paragraph 2 of the Regulations of the Commission, and making reference to the existence of a procedure for repatriation, which was implemented by the Immigration General Headquarters.

30. On December 3, 1999, the Commission granted precautionary measures and requested that the Government of the Dominican Republic adopt the measures necessary, on an urgent basis, to guarantee the protection of Eddy Martínez, his wife Germania Pierre (María) and their two minor children, Olga and Teresa, to permit them to return to the territory of the Dominican Republic, and to return to them the personal documents which had been unlawfully seized. The Commission also requested that the Dominican Republic fully investigate the acts alleged, in accordance with its domestic legislation. According to the information received, immigration inspectors of the Dominican Republic had expelled the family of Eddy Martínez, of Dominican origin, to Haiti in a violent, illegal and arbitrary manner, having confused them with Haitians. The State responded on December 16, 1999, reporting that Mr. Eddy Martínez and his two young daughters had been in the Dominican Republic since November 19, 1999, and that Immigration General Headquarters would adopt definitive measures in the case with a view to protecting the family and preventing its separation. On February 28, 2000, the State informed the Commission that Haitian citizen Germania Pierre, the wife of Eddy Martínez, had been given a permit to remain in the country for three months, and that a request for official residence for Mrs. Pierre was being processed.

31. On the basis of the Commission’s expression of concern during the course of an activity in the country, on June 14, 1999, the State of Ecuador voluntarily adopted precautionary measures to guarantee the lives and personal integrity of Pedro Giovanny Baque Tuáres, Pedro F. Baque Colonel, Olinda Tuáres Loor, Carol Baque Tuáres, Javier Baque Tuáres, Homero Alberto Palacios Palma y Julio Paéz García, as well as to guarantee their access to the courts. According to the information before the Commission, Pedro Baque is the only survivor of a murder allegedly perpetrated by agents of the National Police against two of his friends. While they were riding a motorcycle, on their way to rent motocross equipment, Pedro Baque and his friends were intercepted by Police, who made them dismount from the cycle and then shot them. The two friends died, while Pedro Baque was seriously wounded and abandoned there. As a result of the facts mentioned, and that he survived, Mr. Baque, his family and his attorneys were being threatened with the aim of scaring him and preventing him from offering testimony in court. These measures were ratified by the Commission on June 16, 1999, with due recognition to the State of Ecuador for its initiative in having adopted them de oficio.

i. El Salvador

32. On February 29, 2000, the Commission granted precautionary measures on behalf of Mr. Odir Miranda and 26 other members of the Atlacatl Association, a group of inhabitants of El Salvador who carry the AIDS virus. The request was based on information received from the petitioners, according to which the right to life and health of the aforementioned persons were in serious danger, because they required care in State institutions in order to receive the medicine necessary for their treatment. On October 8, 1999, the IACHR had requested information from the State of El Salvador on the aforementioned situation. Since then, 10 of the members of the Atlacatl Association had died. The IACHR requested that the State of El Salvador provide the treatment and the anti-retroviral medication necessary to prevent the death of the 27 persons in question, as well as the necessary hospital, pharmacological and nutritional care needed to strengthen their immune systems and prevent the development of infections. On March 15, 2000, the State of El Salvador informed the IACHR that, inter alia, the authorities were reviewing the medical files of the persons in question in order to evaluate the anti-retroviral therapy and care needed for each case, and that they were seeking abroad the additional funds needed to provide the treatment. Pursuant to this response, the parties continued reporting in relation to these measures.

j. Grenada

33. During the period covered by this report, the Commission continued receiving information in relation to the precautionary measures granted in 1997 in favor of Mr. Paul Lallion (case 11.765) and Mr. Rudolph Baptiste (case 11.743).

k. Guatemala

34. On April 16, 1999, the Commission granted precautionary measures on behalf of attorney Ronalth Ochaeta and his family. The Commission requested that the State of Guatemala adopt the precautionary measures necessary to preserve the lives and personal integrity of the persons named. The measures were a result of the fact that on April 16, three unidentified and armed individuals had violently burst into the home of Mr. Ochaeta, threatened and assaulted his maid, seized one of his daughters and searched his house. The individuals indicated that they had brought Mr. Ochaeta a message which consisted of a slab of concrete and stone. It must be recalled that Mr. Ronalth Ochaeta had worked on the REMHI report with Monsignor Juan José Gerardi Conedera, and that the first anniversary of the latter’s murder was being commemorated at that time. On April 27, the State of Guatemala informed the Commission of the measures that had been adopted, which consisted principally of uniformed personnel deployed to keep a constant watch on their residence. The Commission received information on this matter until the persons concerned left the country.

35. On September 24, 1999, the Commission granted precautionary measures on behalf of Mr. Calvin Manolo Galindo and his family and Mr. Marcos Aníbal Sánchez and his family. Mr. Calvin Galindo was at that time the special prosecutor investigating the murder of Monsignor Juan José Gerardi Conedera, while Mr. Marco Sánchez was the deputy prosecutor in the same case. According to the information received, Mr. Galindo had been threatened with death on several occasions and harassed. In the case of Mr. Sanchez, the brake lines of his car had been cut and he had also been threatened. In both cases, their private and office telephones had allegedly been tapped. In response to the Commission’s request, the State of Guatemala provided personal security to both and assigned a police patrol to guard their respective residences. Mr. Calvin Manolo Galindo resigned as the prosecutor of the case of Monsignor Gerardi and went into voluntary exile with his family to the United States.

36. During the reporting period, the parties continued presenting information and observations in relation to the precautionary measures previously granted and reported on in favor of Mr. Diego Esquina Mendoza et al. (case 11.998), attorney Lucrecia Barrientos, and Judge María Eugenia Villaseñor (case 11.338).

37. On July 27, 1999, the Commission granted precautionary measures in favor of Mrs. Dora Emperatriz Oliva Guifarro, a member of the Committee of Relatives of the Detained-Disappeared in Honduras (COFADEH), who, according to the information received, was abducted on July 5, 1999, for a period of two hours, by two individuals allegedly linked to active paramilitary groups. The same measures were requested on behalf of her sister, Mrs. Bertha Oliva de Nativí, General Coordinator of the aforementioned Committee and Vice Chair of the Commission for the Defense of Human Rights in Central America, the members of her family and the members of COFADEH. The Commission requested that the State of Honduras adopt the measures necessary to safeguard the lives and personal integrity of those named. Pursuant to the response of the State, the parties continued presenting information and observations in relation to these measures.

38. On May 6, 1999, the Commission granted precautionary measures in favor of Messrs. Lombardo Lacayo Sambula, the former Garífuna mayor of the Municipality of Limón, Department of Colón, and Horacio Martínez Calix, ex-President of the Fraternal Black Organization, who, according to the information before the Commission, had suffered grave acts of harassment and intimidation in connection with land disputes between the indigenous population of Honduras, the Garífuna and certain Honduran land owners. Pursuant to the request to the State to adopt the measures necessary to safeguard the lives and personal integrity of the persons named, the parties continued presenting information and observations in relation to these measures.

m. Jamaica

39. On March 9, 1999, the Commission granted precautionary measures in favor of Whitley Dixon, who was sentenced to death in Jamaica on February 12, 1996, and whose case, 11.884, is pending before the Commission. The Commission requested a stay of execution until the Commission had had the opportunity to examine his case, on the basis that irreparable damage would be caused to Mr. Dixon should he be executed before the Commission addressed his claims. The Commission did not receive a response to its request from the State. By a communication dated July 21, 1999, the petitioners informed the Commission that the State of Jamaica had commuted Mr. Dixon’s death sentence on April 16, 1999.

40. On June 22, 1999, the Commission granted precautionary measures on behalf of Joseph Thomas, who was sentenced to death in Jamaica on October 11, 1999, whose execution was scheduled for June 22, 1999, and whose case, 12.183, is pending before the Commission. The Commission requested a stay of execution until it had the opportunity to examine his case, on the basis that irreparable damage would be caused to Mr. Thomas should he be executed before the Commission addressed his claims. The Commission did not receive a response to its request from the State.

41. During the period covered by this report, the Commission continued receiving information in relation to the measures granted in 1998 in favor of Messrs. Steve Shaw (case 12.018), Desmond Taylor (case 12.022), Desmond McKenzie (case 12.023), Beresford Whyte (case 12.024), Gilbert Daley (case 12.025), Deon McTaggart (case 12.026), Andrew Perkins (case 12.027), Everton Morrison (case 12.029), Milton Monique (case 11.846), Dalton Daley (case 11.847) and Kevin Mykoo (case 11.843). In relation to seven of these measures, those concerning Messrs. Shaw, Taylor, Whyte, Daley, McTaggart, Perkins and Morrison, the processing terminated with the Commission’s decision in March of 1999 that the cases were inadmissible (see section 3, infra). Additionally, the Commission continued receiving information in relation to the precautionary measures granted in 1997 in favor of Messrs. Neville Lewis (case 11.825), Leroy Lamey (case 11.826) and Peter Blaine (case 11.827).

42. On March 4, 1999, the Commission granted precautionary measures on behalf of Angel Aguirre Rodríguez, a prisoner who, according to the information before the Commission, had been brutally beaten in the Nuevo León Social Rehabilitation Center (CERESO de Apodaca), together with other prisoners who had been meeting with representatives of Citizens in Support of Human Rights, A. C. (CADHAC), who were allegedly harassed. The State responded to the Commission’s request on March 19, 1999, with information on the measures it had adopted, which consisted of the intervention of the State Human Rights Commission of Nuevo León and of the Government Secretariat of that state. The parties continued the interchange of information and observations in relation to these measures and the situation of the prisoners until October 4, 1999, when the six month period for which the measures had been granted expired.

43. On April 13, 1999, precautionary measures were granted on behalf of José Rentería Pérez and 14 persons from La Humedad, Oaxaca. According to the request received, on January 15, 1999, unknown individuals broke into the home of the nuns of the community, interrogated them about their activities and made threats against them and the other persons included in the request, including the municipal president elected in accordance with "usage and customs." Pursuant to various communications from the parties in relation to the measures in effect, and the situation of security of the persons protected, the Commission extended the measures for six months as of August 8, 1999, and the parties continued presenting the corresponding information and observations.

44. On September 9, 1999, the Commission granted precautionary measures and requested that the State adopt specific and urgent measures to protect the lives and physical integrity of Digna Ochoa y Plácido, Edgar Cortéz Morales and the members of PRODH (this matter is being processed as case 12.229). According to the information received, on September 3, 1999, PRODH received three envelopes containing threats made against the Center’s Director and staff, apparently in relation to the Center’s activities in the defense of human rights. The petitioners claimed that there was a connection between these activities and the kidnapping of Ms. Digna Ochoa y Plácido, the Center’s attorney, which was carried out by unknown persons on August 9, 1999. They indicated that during the kidnapping, the assailants took certain personal items of Ms. Ochoa y Plácido, including her personal calling cards, one of which was placed in one of the envelopes referred to above containing the threats. On September 21, 1999, the State reported that the National Human Rights Commission (CNDH) had taken steps to protect the persons named, that preliminary investigations had been initiated by the Office of the Attorney-General of the Federal District, and that the Human Rights Commission of the Federal District had also intervened. Within the time period set for receiving comments, the petitioners reported on another serious attack against Ms. Digna Ochoa, which led to the request for provisional measures submitted to the Inter-American Court on November 11, 1999. (See section D.1, infra).

45. On September 17, 1999, the IACHR granted precautionary measures to protect the life and physical integrity of journalist Jesús Barraza Zavala, on the basis of information that he had received death threats from members of the judicial police of the state of Sonora in connection with his investigations into corruption and ties to drug trafficking in that institution. In response to the Commission’s request, the State declared on October 7, 1999, that the National Human Rights Commission was in communication with Mr. Barraza twice a day and that the investigations into the alleged acts were continuing. Pursuant to this response, the parties continued presenting information and observations in relation to these measures.

o. Nicaragua

46. On February 12, 1999, the Commission granted precautionary measures and required the State of Nicaragua to adopt measures to protect the lives and physical integrity of Mr. Agustín Jarquín Anaya, and Messrs. Rafael Córdoba Alvarez and Eddy Stubbs Guillén. According to the information presented, the threats against Comptroller Joaquín Anaya were proffered by the President, Dr. Arnoldo Alemán, and were related to the activities undertaken by the victims in the performance of their professional duties in the General Department for Integrity in Public Service of the Office of the Comptroller-General of the Republic. On February 23, 1999, the State transmitted to the Commission its observations in which it denied, firstly, that President Arnoldo Alemán Lacayo had threatened any public official. The Government also declared that, in keeping with the measures requested, the protection and personal security of the persons in question had been increased, including, in the case of Mr. Anaya, a personal escort service comprised of five persons; protection of his residence and place of work by a uniformed policeman 24 hours a day; and a telephone communications monitoring service, by the Department of Investigation of Personal Security Matters in coordination with the Department of Criminal Investigation of the National Police, to process information and investigate threats made against him. Pursuant to that response, the parties continued presenting information and observations in relation to these measures.

47. On October 7, 1999, the Commission granted precautionary measures in favor of Mr. Alvaro José Robelo González and his wife Lucía Raffone, on the basis of information received to the effect that the State of Nicaragua had canceled Mr. Robelo’s Nicaraguan passport, and that he had received death threats by telephone. In response to the Commission’s request, by note of October 12, 1999, the Nicaraguan Government informed the Commission that it had transmitted the request for precautionary measures to the Ministry of Government so that, in consultation with the interested parties, it could be implemented. Subsequently, on February 29, 2000, the State reported that it had provided Mr. Alvaro Robelo with the services of an agent of the National Police for his own security and that of his family for a period of four months, as from October 27, 1999. It also reported that Mr. Robelo and his wife had left Nicaragua on November 4, 1999, that to date they had not returned to the country, and that Mr. Robelo retained his Nicaraguan passport.

p. Peru

48. On January 28, 1999, the Commission granted precautionary measures and requested that the Peruvian State adopt effective measures to protect the health and personal integrity of Mr. Juan Francisco Tulich Morales; these measures are being processed in the context of case 12.171. According to the information received, Mr. Tulich Morales was detained in the Prison of Socabaya, located in Arequipa, and had not had access to the medical attention, care and medication necessary for his health condition. During the period of this report, the parties continued providing information.

49. On February 2, 1999, the Commission granted precautionary measures on behalf of Jesús Mezarina Retamozo and the other members of his family. During the on-site visit that the Commission had conducted in Peru, it had received information in relation to harassment to which he was subjected, allegedly by agents of the Peruvian Army. The measures were based on the need to protect the life of Mr. Mezarina Retamozo, who had suffered an attack against his life on November 30, 1998, when persons unknown had fired at him twice with firearms as he was leaving his home. On March 30, 1999, the State informed the Commission of the specific measures that had been adopted, and pursuant to that response, the parties continued presenting the corresponding information and observations.

50. On November 21, 1999, the Commission granted precautionary measures on behalf of journalist Guillermo Gonzáles Arica, in the context of case 12.085. The Commission had received information in relation to repeated acts of persecution against Mr. Gonzáles Arica, allegedly by security agents of the State of Peru. The measures which the State of Peru was requested to adopt were based on the need to enable Mr. Gonzáles Arica to fully exercise his freedom of expression. On December 21, 1999, the State responded to the Commission’s request by stating that it did not consider it necessary to adopt additional measures to those that were already contemplated in the national legislation.

51. On March 10, 2000, the Commission granted precautionary measures and addressed the State of Peru to request that it adopt effective measures to protect the freedom of expression and the press of Mr. Genaro Delgado Parker. These measures are being processed in the context of case 12.262. According to the information received, the authorities had stripped Mr. Delgado Parker of control of the television chain "Global Network," and confiscated the broadcasting equipment of his radio station "Radio 1160."

52. During the period of this report, the parties continued presenting information and observations in relation to the precautionary measures granted in previous periods in favor of Ms. la Rosa Bustamante, Judge Minaya Calle, the members of Aprodeh and others, Mr. Morales Zapata, Mr. Benítez Rivas and family, and Mr. Noreña Llanos.

53. On January 6, 1999, the Commission requested the adoption of precautionary measures on behalf of Wayne Matthews, who is sentenced to death and whose case, 12.076, is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay his execution until a decision could be reached on the merits of the case, and based its request on the fact that, should the State execute the victim before the Commission had an opportunity to examine the case, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victim irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Matthews in May of 1999.

54. On January 21, 1999, the Commission granted precautionary measures on behalf of Alfred Frederick and Natasha De Leon, who are sentenced to death and whose cases, 12.082 and 12.093, are pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until decisions could be reached on the merits of the cases, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine the cases, any eventual decisions by the Commission would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Frederick and Ms. De Leon in May of 1999.

55. On March 4, 1999, the Commission granted precautionary measures on behalf of Vijay Mungroo and Phillip Chotalal, who are sentenced to death and whose cases, 12.111 and 12.112, are pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until decisions could be reached on the merits of the cases, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine the cases, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Mungroo and Mr. Chotalal in May of 1999.

56. On April 12, 1999, the Commission granted precautionary measures on behalf of Naresh Boodram and Joey Ramiah, who are sentenced to death and whose case, 12.129, is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until a decision could be reached on the merits of the case, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine the case, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Boodram and Mr. Ramiah in May of 1999.

57. On April 28, 1999, the Commission granted precautionary measures in favor of Nigel Mark, who is sentenced to death and whose case, 12.137, is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay his execution until a decision could be reached on the merits of the case, and based its request on the fact that, should the State execute the victim before the Commission had an opportunity to examine the case, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victim irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Mark in May of 1999.

58. On May 1, 1999, the Commission granted precautionary measures in favor of Wilberforce Bernard and Steve Mungroo, who are sentenced to death and whose cases, 12.140 and 12,141, are pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until decisions could be reached on the merits of the cases, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine the cases, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Bernard and Mr. Mungroo in May of 1999.

59. On May 11, 1999, the Commission granted precautionary measures in favor of Kelvin Dial and Andrew Dottin, who are sentenced to death and whose case, 12.145, is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until a decision could be reached on the merits of the case, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine the case, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Dial and Mr. Dottin in May of 1999.

60. On May 8, 1999, the Commission granted precautionary measures in favor of Peter Benjamin and Krishendath Seepersad, who are sentenced to death and whose cases, 12.148, and 12.149, respectively, are pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until a decision could be reached on the merits of these cases, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine these cases, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Benjamin and Mr. Seepersad in May of 1999.

61. On May 20, 1999, the Commission granted precautionary measures in favor of Anthony Johnson and Allan Phillip, who are sentenced to death and whose cases, 11.718, and 12.151, respectively, are pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until a decision could be reached on the merits of these cases, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine these cases, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Johnson and Mr. Phillip in May of 1999.

62. On May 21, 1999, the Commission granted precautionary measures in favor of Narine Sooklal, who is sentenced to death and whose case, 12.152, is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay the execution until a decision could be reached on the merits of the case, and based its request on the fact that, should the State execute the victim before the Commission had an opportunity to examine the case, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victim irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Sooklal in May of 1999.

63. On May 25, 1999, the Commission granted precautionary measures in favor of Amir Mowlah, who is sentenced to death and whose case, 12.153, is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay his execution until a decision could be reached on the merits of the case, and based its request on the fact that, should the State execute the victim before the Commission had an opportunity to examine the case, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victim irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Mowlah in May of 1999.

64. On June 3, 1999, the Commission granted precautionary measures on behalf of Mervyn Parris and Francis Mansingh, who are sentenced to death and whose cases, 12.156 and 12.157, respectively, are pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay their executions until a decision could be reached on the merits of these cases, and based its request on the fact that, should the State execute the victims before the Commission had an opportunity to examine these cases, any eventual decision would be rendered moot in terms of the efficacy of potential remedies, such as a recommendation of commutation of sentence, and would cause the victims irreparable harm. The Commission did not receive a response to its request from the State. As reported in section D.1 infra, in response to the Commission’s request, the Inter-American Court of Human Rights ordered provisional measures in favor of Mr. Parris and Mr. Mansingh in May of 1999.

65. During the period in reference, the Commission continued receiving information in relation to the precautionary measures granted in 1998 in favor of Wilson Prince (case 12.005), Mario Pedro (case 12.039), Mervyn Edmund (case 12.042), Samuel Winchester (case 12.043), Martin Reid (case 12.052), Rodney Davis (case 12.072) and Gangadeen Tahaloo (case 12.073). As reported infra, in relation to these situations, except that of Mr. Pedro, the Commission requested and the Inter-American Court of Human Rights granted provisional measures in May of 1999. Further, the Commission continued receiving information in relation to the precautionary measures granted in 1997 in favor of George Constantine (case 11.787), Indravani (Pamela) Ramjattan (case 11.837), Clarence Charles (case 11.851) and Keiron Thomas (case 11.853). As is reported infra, in relation to these situations, except that of Ms. Ramjattan, whose sentence was commuted in February of 1999, the Commission requested and the Inter-American Court of Human Rights granted provisional measures in May of 1999 (see section D.1, infra).

66. On June 8, 1999, the Commission granted precautionary measures on behalf of Joseph Stanley Faulder, who was sentenced to death and scheduled to be executed in the state of Texas on June 17, 1999, and whose case, 12.168, is pending before the Commission. The Commission requested that the United States stay the execution until it had the opportunity to fully investigate the claims raised in the petition, on the basis that if Mr. Faulder was executed before the Commission investigated his case, his death would constitute irreparable harm. The Commission did not receive a response to its request from the State, and Mr. Faulder was executed on June 17, 1999.

67. On June 28, 1999, the Commission issued precautionary measures in the case of Mary and Carrie Dann, case 11.140, and requested that the United States take appropriate measures to stay the efforts of the Bureau of Land Management to impound their livestock, until the Commission had the opportunity to fully investigate the claims raised in the petition. The Commission did not receive a response to this request.