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PRECAUTIONARY MEASURES 2002
1.
Precautionary measures granted by the IACHR during 2002
9.
Precautionary measures are provided for in Article 25 of the Commission’s
Rules of Procedure, which states that in serious and urgent cases, and
whenever necessary, according to the information available, the
Commission may, on its own initiative or upon request by a party,
request that the State concerned adopt precautionary measures to
prevent irreparable harm to persons.If the Commission is not in session, the President, or, in his
or her absence, one of the Vice-presidents, shall consult with the
other members, through the Executive Secretariat, on possible
application of precautionary measures. If it is not possible to
consult within a reasonable period of time under the circumstances,
the President shall take the decision on behalf of the Commission and
shall so inform its members. The
Commission may request information from the interested parties on any
matter related to the adoption and observance of the precautionary
measures. The request for
such measures and their adoption shall not prejudice the final
decision.
10.
What follows is a
summary of the precautionary measures granted or extended by the IACHR
during 2002. It should be
noted that the number of precautionary measures does not correlate
with the number of individuals protected thereby since the IACHR’s
precautionary measures can protect either one person or an
unquantifiable group of persons, often covering communities or groups
of people.
a.
Argentina
11.
On April 10, 2002 the Commission granted precautionary
measures on behalf of María
Adelina Sarruggi (daughter), Concepción
Flecha González, and Arsiliare
Sarruggi (parents). The request indicates that since November 18,
2000 the child, María Adelina, who was three months old at the time,
has been separated from her biological parents, to the detriment of
all three persons. The petitioners alleged that mother and daughter
were traveling from Argentina to Paraguay, with their papers in order
and with the appropriate travel authorization from the father, when
immigration officers at a border post in the Province of Misiones
detained them "for not producing documentation establishing the
link between mother and daughter."The mother was detained and the daughter initially went into a
hospital and was then placed in the custody of a married couple on the
list of adoption candidates. They alleged that the authorities did not
notify the father, who holds parental rights; he found out about these
events in March 2001. According to
the information provided, when the father traveled to Misiones to get
his daughter and partner back, the family court judge told him that he
could go to the mayor’s office to get his partner and to begin legal
proceedings to get his daughter back. The petitioners indicated that
the family has very limited resources and their daughter had not yet
been returned to them. They
requested precautionary measures both to prevent the presiding judge
from issuing an adoption ruling in favor of the couple on the list of
adoption candidates and to have the girl immediately returned to her
biological parents. The
Commission asked the State to take the necessary steps to preserve the
mental and moral integrity of the girl and her biological parents;
their right to protection of the family, enshrined in Article 17 of
the American Convention; and, in the case of the girl, the right to a
name and the rights of the child, enshrined in Articles 18 and 19 of
the Convention. The
Commission requested, in particular, that the State take all necessary
steps to ensure that the girl was not taken out of Argentina and that
it investigate and provide a report, to clarify the situation and
protect the rights of these three persons. In response, the State
first reported on the measures taken to prevent the girl from being
removed from national territory and then on returning the girl to her
biological family.
12. On July 11, 2002 the Commission renewed
the precautionary measures that had been granted on August 27, 2001 on
behalf of María Dolores Gómez
and her family. The
Commission had granted precautionary measures and requested that the
State take steps to protect the life and person of Dr. María Dolores
Gómez, public defender in the Province of Buenos Aires, and her
family, based on the information received indicating that she had been
the victim of a series of threats and harassment. The petitioners
alleged that those events, including one attack, anonymous phone
calls, and serious threats, were related to the performance of her
functions, particularly in connection with protecting the rights of
prisoners. The Commission
also asked the State to report on the measures taken to determine the
origin of the threats and to try those responsible, and to end the
risk to Dr. Gómez, her family, and the witnesses who testified about
the threats against her. Following
initial exchanges of information that reported, inter
alia, on the protection of the beneficiaries by official security
forces, the parties continued to present information and observations
on the precautionary measures.
b.
Bolivia
13.
On October 3, 2002 the Commission granted precautionary
measures on behalf of 52
persons, including two minors, who are carriers of the human
immunodeficiency virus (HIV/AIDS).The beneficiaries are identified in the file; however, at their
request, their identities are being kept confidential in this report.The beneficiaries alleged that in many cases they had turned to
State public health systems but had not obtained assistance to undergo
the tests necessary to determine how the disease is progressing or to
receive the anti-retroviral treatment needed for them to survive.On January 22, 2003 the State presented a photocopy of the
report of the National Program on STDs/HIV/AIDS.
c.
Brazil
14.
On March 14, 2002 the Commission
granted precautionary measures on behalf of inmates in the Urso Branco prison, located in Porto Velho, state of
Rondonia. In the request for precautionary measures, the Commission
was informed that since January 2002 there had been several conflicts
between groups of inmates, as well as a massacre among the prisoners,
resulting in the deaths of over 30 inmates.The petition indicated that the 47 survivors were at risk of
being killed. In light of the State's failure to comply with the
precautionary measures, the Commission asked the Inter-American Court
of Human Rights to take provisional measures to protect the life and
person of inmates in the aforementioned prison.The Court issued those measures on June 18, 2002.
15.
On June 4, 2002 the Commission granted
precautionary measures on behalf of Iriny
Nicolau Corres Lopes. The
request alleged that Mrs. Lopes, a human rights defender in the state
of Espíritu Santo, was receiving death threats because of complaints
she made in relation to organized crime operating in that state.The precautionary measures requested by the IACHR were aimed at
protecting the life and person of Mrs. Lopes and investigating the
threats. On June 14, 2002
the State informed the IACHR that it was complying with the
precautionary measures, by providing four federal police officers to
protect Mrs. Lopes. On
December 20, 2002 at the request of the petitioners, the Commission
extended the precautionary measures for six months.
16.
On August 19, 2002, the Commission
granted precautionary measures on behalf of Rony Clay Chaves, Rubens Leoncio Pereira, Marcos Massari, and Gilmar
Leite Siquiera. The request for precautionary measures indicated
that prisoners were taken out of prison intermittently to be used as
collaborators in the intelligence activities of a special group of the
Military Police of São Paulo known as GARDI. Those activities
allegedly include the assassination of 12 persons in an ambush known
as Operación Castelinho,
planned in advance by the Military Police to present it to public
opinion as a successful robbery prevention operation by the Military
Police of São Paulo. The protected persons indicated their
willingness to testify about their activities and, as a result, had
allegedly been threatened both by military police officers and other
inmates. The precautionary measures requested by the IACHR were aimed
at protecting the life and person of those threatened.On August 26, 2002 the State presented information to the
Commission, which was subsequently disputed by the petitioners on
October 11, 2002. Both
parties have provided additional information, and the precautionary
measures remain in effect.
17.
On September 23, 2002 the Commission granted precautionary measures on
behalf of Manoel Bezerra, Rosmary Souto, and Luiz Da Silva.The request indicated that along the border between the states
of Paraíba and Pernambuco there was an “extermination group” that
existed with the acquiescence of the police and state authorities,
received financing from local merchants, and had allegedly killed over
100 persons (street children, alleged criminals, and homosexuals) in
the last seven years.It alleged that Councilman Manuel Matos and Justice Advocate
Rosmary Souto had received death threats for having denounced and
investigated those deaths. It
also indicated that Luiz Da Silva was a member of the extermination
group and later withdrew from the group and made public statements on
its activities; as a result, he was the victim of an attack in which
he was shot five times. The
precautionary measures requested by the IACHR were aimed at protecting
the life and person of those threatened and at investigating the
threats. The State did
not provide any information on compliance with the measures.On October 30, 2002 the petitioners informed the Commission
that some of the measures were being fulfilled.
18.
On October 29, 2002 the Commission
granted precautionary measures on behalf of Zenilda Maria de Araujo and Marcos Luidson de Araujo (Cacique
Marquinhos), indigenous leaders of the Xucuru people. The
petitioners indicated in their request that for over 13 years they had
been awaiting completion of the demarcation of their lands in the
state of Pernambuco and that, throughout the process, Xucuru
indigenous leaders had been killed or threatened each time
implementation of the demarcation process was announced.They added that the process of demarcating land and awarding
titles for indigenous lands was at a defining point, endangering the
life and person of those for whom protection was sought.The precautionary measures requested by the IACHR were aimed at
protecting the life and person of those threatened and investigating
the threats. The State
did not provide any information on the compliance with the measures by
the deadline and, on January 21, 2003, indicated that Marcos Luidson
de Araujo had refused the protection offered to him by the federal
government. The
Commission summoned both parties to a hearing to be held in February
2003 during its 117th regular session.
19.
On November 21, 2002 the Commission
granted precautionary measures on behalf of Elma Soraya Souza Novais. In
this regard, the Commission was told that one of Mrs. Novais’ sons
was killed in December 1999; at the insistence of Mrs. Novais and
because of her complaints, four military police officers from the
state of Pernambuco were tried. The
petitioners claimed that the military police officers allegedly
involved had threatened Mrs. Novais and assaulted her in different
ways; moreover, one witness to the crime was killed.The precautionary measures requested by the IACHR were aimed at
protecting the life and person of Mrs. Novais and investigating the
threats. The State did
not provide information on the compliance of the measures by the
deadline and, on January 22, 2003, it indicated that it had asked the
Federal Police to protect Mrs. Novais, in accordance with the terms
requested by the IACHR. The
Commission summoned both parties to a hearing to be held in February
2003 during its117th regular session.
d.
Canada
20.
On February 19, 2002 the Commission granted precautionary
measures to stay the deportation of Ikbal Iskander, a citizen of both
Sudan and Egypt, and her four year old daughter, Gina Aziez, a
Canadian citizen. Ms.
Iskander's deportation from Canada to Egypt was scheduled for Friday,
February 22, 2002.Ms. Iskander sought refuge in Canada and claimed that she
fled religious and gender persecution and also an abusive spouse in
Egypt. She claimed to
have no knowledge of the whereabouts of her husband and her
nonCanadian children. Her
husband is Islamic and she converted from Islam to Coptic Christianity
and claims that she would be considered an apostate if deported to
Egypt, a predominantly Islamic state.She fears that physical harm would come to her if deported.Her claim for refugee status was denied, as was her application
for leave and for judicial review.The Commission noted that Ms. Iskander still had domestic
remedies to exhaust and if she were deported those remedies would be
rendered moot.The
Commission requested that the deportation be stayed and that
information on the measures taken by the Government to stay the
deportation be presented to the Commission within ten days.At the expiration of ten days, no information was presented
with regard to the request for precautionary measures. On July 30,
2002 however, the Commission received information from the State
indicating that Ms. Iskander had not been deported. Further information was submitted informally to the effect that
on February 21, 2002 the Federal Court of Canada-Trial Division
granted the stay of execution of Ms. Iskander's deportation.No further information has been communicated from either
party.
e.
Colombia
21.
On January 2, 2002 the Commission granted precautionary
measures on behalf of afro-Colombian
communities in 49 hamlets in the Naya river basin in Buenaventura.The available information indicates that since the end of
November 2001 there have been approximately 300 paramilitary members
in northern Cauca and the southern part of Valle del Cauca, in the
municipalities of Timba, Suárez, and Buenos Aires, who have
threatened the Naya and Yurumanguí river indigenous, afro-Colombian,
and campesino communities. The
petitioners indicated that since December and January 2001, the United
Self-Defense Forces of Colombia (AUC) had been present in the upper
Naya up to Carmen and Yurumanguí threatening the inhabitants to make
them leave the area. On December 27, 2001 the threats were repeated.In its request, the Commission asked the State, firstly, to
take steps to provide for unarmed civil protection and effective
perimeter control by law enforcement, to prevent armed incursions into
the Naya and Yurumanguí basins by the mouth of the Pacific, in
consultation with the Naya Community Council and the petitioners.
Secondly, the State was asked to take preventive measures, including
having a law enforcement presence at the mouths of the Yurumanguí
and El Naya as a control measure to prevent illegal actors from
entering the hamlets where the afro-Colombian communities reside; and
to provide for the immediate and ongoing presence of entities, such as
the Office of the Public Prosecutor of the Nation and the Office of
the Ombudsman, headquartered in Puerto Merizalde, in coordination with
the National Office of the Ombudsman in Bogotá, as dissuasive,
preventive mechanisms. Thirdly,
the State was asked to strengthen its early warning system by
implementing effective communication systems.Finally, it was asked to launch an investigation into the acts
of violence alleged in the request and to try and punish the
perpetrators. In its
reply, the State indicated that the Presidential Program for Human
Rights and the Ministry of the Interior met with governors and mayors
in the region and that law enforcement, the Third Brigade of the
National Army, and certain naval units were engaged in intelligence
and information-gathering efforts.The Office of the Ombudsman reported that it was implementing
ongoing observation in the region, in coordination with the early
warning system. The State also reported that the National Human Rights
Unit of the Attorney General’s Office was conducting an
investigation, which was in the probable cause phase.The Commission has continued to receive complaints from
the petitioners about threats and acts of intimidation and violence
against the protected communities.
22.
On January 11, 2002 the IACHR granted precautionary
measures on behalf of 110
members of the La Balsita Living and Working Community in
Dabeiba, department of El Chocó. The request indicated that on
December 31, 2001 a paramilitary group of approximately 100 men
made an incursion into the Caracolón-La España farm–a community
property given by the State to the aforementioned displaced community.The information indicated, inter
alia, that “...many of the armed men were dressed in camouflage,
some with military badges, with special forces emblems. Since then,
the population has been intimidated and their provisional houses
searched; and the armed men have used community goods and conducted
lengthy interrogations of the campesinos and the Catholic monks and
nuns who are with them on a permanent basis. [...] The Office of the
Vice President […] and the National Office of the Ombudsman have
been informed of all these situations; the response the petitioners
have received is that the Fourth Brigade is already apprised of the
situation.” In response, the State confirmed the permanent presence
of law enforcement in the region and an increase in manpower from the
Sixth Army Brigade in the municipality. The municipal representative
of Dabeiba reported that three complaints of forced disappearance were
lodged and are in the preliminary investigation phase. The Social
Solidarity Network, in turn, reported on different investments in
productive projects, humanitarian assistance, and programs to return
the displaced population.
23.
On February 8, 2002 the IACHR granted precautionary
measures on behalf of Marco
Tulio Bustos Ortiz, Jairo Javier Bustos Acuña, and María Esneda
Bustos, witnesses in
the trial for the Mapiripán massacre that occurred from July 15 to 20, 1997 which gave rise to
the processing of Case 12.250 by the IACHR.The Bustos family, whose property was burned and who was
displaced as a result of the massacre, had to move over five times due
to harassment and threats made against them after they gave statements
on the formation of paramilitary groups in Casanare and the alleged
involvement of current and former members of the Army. On November 23,
2002 the petitioners informed the IACHR that the beneficiaries had
settled in Canada.
24.
On February 22, 2002 the IACHR granted precautionary
measures on behalf of María
Luisa Murillo López, a
correspondent for the newspaper El
Tiempo; Efraín Jiménez, a correspondent for RCN Radio; and Alfonso
Altamar, Manuel Taborda, and Francis Paul Altamar, correspondents
for CMI Televisión and Noticias Uno in San Vicente del Caguán, who had received death
threats from the Revolutionary Armed Forces of Colombia (FARC) because
of their work in journalism.In its reply, the State reported that an evaluation and risk
assessment of the beneficiaries was being conducted and humanitarian
assistance provided.
25.
On March 15, 2002 the IACHR granted precautionary measures
on behalf of 40 Embera Chamí indigenous
persons in the reservations and settlements of
Cañamomo-Lomaprieta, San Lorenzo, Nuestra Señora Candelaria de la
Montaña, Escopetera-Pirza, Totumal, La Trina, La Albania, Cerro
Tacón, and La Soledad and members of the Regional Indigenous
Council of Caldas (CRIDEC).Since June 2001, these communities–which State agents
have publicly named as collaborators of the guerillas–had been the
victims of threats, harassment, and violence by the AUC.Available information indicated that an armed group made an
incursion into the community of Escopetera-Pirza causing material
damage, intimidating those present, killing Leonardo Díaz Becerra
(former town councilor for the reservation) and wounding Luis Eduardo
Flórez (alternate treasurer of the indigenous town council).The petitioners indicated that despite efforts by a number of
nongovernmental organizations, the authorities had not taken any steps
to prevent paramilitary incursions in the area and did not provide
support for going into the area for humanitarian purposes.The IACHR was subsequently informed of the assassination of
indigenous leader María Fabiola Largo and an assassination attempt
against former indigenous governor Miguel Antonio Largo Pescador, both
of whom were beneficiaries of the precautionary measures granted on
April 9, 2002 for the Cañamomo-Lomaprieta reservation.The State also reported on a mission conducted by the
Administrative Security Department (DAS) to shed light on the attacks,
but indicated that the testimony compiled “… did not provide
information of interest to individually identify the perpetrators or
provide evidence to the investigating authority.”It also said that the Ayacucho Batallion had conducted
counter-insurgency raids in Riosucio and that the municipal police
were providing security at Community meeting sites. The Commission has
continued to receive information on the situation of the indigenous
community and the threat of incursions.
26.
On March 15, 2002 the IACHR granted precautionary measures
on behalf of Rafael Gómez Serrano, Jahel Quiroga Carrillo, Diana
Gallego, Luis Alberto Matta, Diana García, Edilma Rosa Granados,
Denys Jiménez, Astrid Suárez, Alejandra Vega, and Celmira Moreno,
members of the human rights organization REINICIAR,
headquartered in Bogotá. According to the request, the beneficiaries
had systematically been the victims of verbal and written threats and
acts of intimidation, such as being followed and attacks in which they
were named as collaborators of dissident armed groups.The Commission decided to grant precautionary measures at its
114th regular session and asked the State, inter
alia, to effectively investigate the origin of the threats and
harassment and to present information on whether or not the
organization’s telephone lines had been tapped illegally.
27.
On April 12, 2002 the Commission granted precautionary
measures on behalf of
Lieutenant Colonel Orozco Castro, a commander assigned to the
Seventh Brigade under General Uscátegui during the July 1997 massacre
of 49 civilians in Mapiripán, Meta. Lieutenant Colonel Orozco Castro
warned his superiors of the imminence of the paramilitary incursion in
which the victims were massacred, and his testimony linked senior Army
commanders to the investigation.The international responsibility of the State in the
aforementioned incidents is being examined in Case 12.250, pending
before the IACHR. Because of his statements, the beneficiary had been
constantly harassed, and current and former members of the Army have
publicly voiced their hostility towards him and acknowledged that he
was being followed. The
IACHR has continued to receive information about threats made by the
AUC against the beneficiary. In response to the precautionary
measures, the State took steps to protect the beneficiary and his
family.
28.
On April 19, 2002 the Commission granted precautionary
measures on behalf of Luz Perly
Córdoba Mosquera, Santos Mendoza, Rodrigo Alberto Pacheco, Hugo
Alberto Peña, Luis Alfonso Gutiérrez B., Pedro Luis Sosa, Apolinar
Herrera, Antonio Yotagri, María Teresa Rincón, and Hermes Villada, members
of the Asociación Campesina de
Arauca (ACA).The petitioners alleged that after ACA members took part in a
campesino demonstration, Mrs. Luz Perly Córdoba was harassed
and Henry Neira, director of the ACA Municipal Committee in Saravena,
was killed. On March 13,
2002 Hugo Alberto Peña Camargo, ACA's acting-president was detained
by members of the Batallion Héroes
de Saraguro battalion, intended to intimidate him.The State reported that the prosecution office assigned to work
with the Criminal Law Judges of the Special Circuit in Arauca had
delegated in the DAS the criminal investigation into the alleged
threats against ACA members. After
precautionary measures were adopted, the petitioners informed the
IACHR that the harassment and threats against the beneficiaries had
not stopped.
29.
On April 25, 2002 the Commission granted precautionary
measures on behalf of Amelia
Pérez Parra, Leonardo Augusto Cabana Fonseca, Lucía Margarita Luna
Prada, Amparo Cerón Ojeda, Luis Augusto Sepúlveda Reyes, and Giovani
Alvarez Santoyo, members of the National Human Rights Unit, and
Martha Cecilia Camacho, an investigator with the Technical
Investigative Body (CTI), who were threatened by paramilitary leaders
Carlos Castaño and Salvatore Mancuso because of their involvement in
a series of investigations being conducted by the National Human
Rights Unit of the Government Attorney’s Office, involving
high-level members of the armed forces.One of the prosecutors, Luis Augusto Sepúlveda Reyes, was
dismissed from his post on April 23, 2002 before he could issue an
arrest warrant. The Commission asked the State to take the necessary steps
to protect the life of the beneficiaries and investigate the threats
against them.
30.
On May 15, 2002 the Commission granted precautionary
measures on behalf of Javier
Carrascal Martínez, Plinio Rafael Barros Quiñones, Danuil Duran
Tellez, Miled Humberto Guerrero, and Juan de Jesus Madarriaga
in the municipal capital of El Tarra, department of Norte de
Santander. According to
the request received by the Commission, on April 15, 2002
paramilitary groups established checkpoints along the roads leading to
the municipality of El Tarra and caused several persons to disappear,
after which they announced a “cleansing” campaign in indigenous
communities (corregimientos)
in the area. It also claims that on April 16, after a clash with the
police, paramilitary members took control of the municipal capital and
exiled Plinio Rafael Barros Quiniones, Danuil Duran Tellez, Miled
Humberto Guerrero, and Juan de Jesus Madarriaga under the threat of
extrajudicial execution and death.They also ordered the mayor of El Tarra, Javier Carrascal, to
cooperate or else be considered a military target.The petitioners indicated that this situation had led to the
displacement of many of the municipality's inhabitants and that there
were at least three executions from May 2 to 6, 2002.In its reply, the State indicated that offensive operations
were being conducted to banish illegal armed groups and that
disciplinary proceedings were being implemented.The petitioners indicated, however, that no steps had been
taken to protect the life and person of the beneficiaries and that
security conditions in El Tarra continued to deteriorate because
paramilitary groups were acting with impunity.
31.
On June 10, 2002 the IACHR granted precautionary measures
on behalf of Jesús González
Luna, a member of the executive committee of the United Workers
Federation (CUT), director of human rights of the CUT, and member of
the CRER (Risk Assessment Committee responsible for implementing IACHR
precautionary measures in Colombia) who had been continuously
receiving threats since 1995 in a context of widespread violence
against members of the Colombian union movement, including attacks in
which his guards were killed.On May 1, 2002 while he was trying to clarify an incident in
which two known members of the AUC were photographing and filming
participants in the Labor Day march in Cali, Jesús González Luna and
his guard were surrounded by a dozen police officers dressed in black
and were truncheoned and kicked. The State told the IACHR that the
investigation into the events of May 1, 2002 was in the hands of the
National Police Division, Cali district, at the instructions of the
Presidential Program on Human Rights and International Humanitarian
Law. Regarding the
protection plan designed for the beneficiary, the CRER recommended
granting special humanitarian aid, facilitating monthly air tickets,
and reinforcing the Cali residence of Jesús González Luna.
32.
On June 21, 2002, the IACHR granted precautionary measures
on behalf of Gustavo Petro
Urrego, a parliamentarian with a well-known track record in the
area of human rights. According
to the request received by the IACHR, there had been evidence of plans
to take the beneficiary’s life since February 2002 and Carlos
Castaño told a government official over the telephone that the
beneficiary “…would no longer be a problem" after July 20,
2002 the date on which the parliamentarian was to resume his functions
in Congress. During its
116th regular session, the IACHR granted a hearing at the
request of the Office of the Attorney General of the Nation, to follow
up on the validity of these precautionary measures.
33.
On July 15, 2002 the IACHR granted precautionary measures
on behalf of Pablo Bustos
Sánchez, director of the so-called Citizen’s Watch Committee,
which reports corruption in the administration of public resources to
judicial and control agencies. This
activity has made members of the Watch Committee the subject of
constant threats and persecution throughout the country, and six of
them had been killed in the last three years.The petitioners alleged that they learned, through reliable
sources, that there was a plan in place to kill Pablo Bustos Sánchez.Three days after precautionary measures were ordered, the
beneficiary received an anonymous letter at home threatening him and
his family with death, and his wife was assaulted on the highway.The beneficiary asked the State to strengthen its protection
plan, which is headed up by the DAS.
34.
On July 15, 2002 the Commission granted precautionary
measures on behalf of Luis
Felipe Santiago León, an activist in the Unión
Patriótica political movement who was the police inspector for
the municipio of Iconozo (Tolima) through June 1, 2002. The
petitioners indicated that in the early morning of April 17, 2002 Mr.
Santiago León was attacked at his residence with an incendiary bomb,
grenade, and gunfire. They indicated that they found pamphlets with
the inscription “Grupo Justiciero 14 de julio de 1997” [July 14, 1997 Avengers]
announcing new attacks and informing him that the Tolima Bloc of the
AUC had declared him a military target. As a result, the beneficiary
was forced to resign from his post as police inspector and leave the
municipality. The petitioners allege that, despite his displacement,
Mr. Luis Felipe Santiago León’s life continues to be in danger. He
has moved several times, since he is constantly being followed.
Although the Office of the Attorney General of the Nation investigated
the situation preliminarily, no case was opened. The State reported
that the Attorney General’s Office suggested that the investigation
be transferred to the Human Rights and International Humanitarian Law
Unit.
35.
On July 19, 2002 the IACHR granted precautionary measures
on behalf of 46 workers (physicians and
auxiliary and administrative personnel) at the Hospital del Municipio de
Puerto Lleras, department of Meta.According to the information received by the Commission, on
June 26, 2002, Front 43 of the FARC-EP convened a
meeting of health workers at the Hospital and ordered them to resign
from the posts and leave the location.The petitioners alleged that some workers at the Hospital
de Puerto Lleras had received direct threats.Mr. Leonidas Buitrago was detained by the Army and accused of
assisting the insurgency. Mrs.
Milagros Ipia Miranda and Mrs. Betzabeth López were threatened by
paramilitary members and accused of helping the insurgency.On July 3, 2002, James Bonilla Jiménez, a worker at the Centro
de Salud de Caño Rayado, which is part of the Hospital de Puerto Lleras, was threatened by paramilitary members
for helping the insurgency. In its reply, the State reported that it
entrusted the Commission of prosecutors assigned to work with the
Criminal Judges of the Special Circuit Court in the city of
Villavicencio with launching criminal investigations into the alleged
threats made to the beneficiaries. Regarding protective measures, the
State indicated that it had alerted the Seventh Army Brigade and that
the beneficiaries have been working as usual since July 6, 2002.
36.
On July 19, 2002 the Commission granted precautionary
measures on behalf of members
of the National Solidarity Aid Association (ANDAS) and social leaders
in Santander. On June
23, 2002 the Fidel Castaño Gil Urban Front, Bolívar Central Bloc of
the AUC released a public document ordering ten social leaders in
Bucaramanga, Santander and surrounding areas to leave the region or
lose their lives. Specifically, the threats were made to Hernando
Maldonado, a university professor who has handled projects on
displaced persons; Wilson Vega Castro, president of the Association of
Displaced Persons of Bucaramanga; Julio Avella García, founder of
ANDAS; Mercedes Usuga, age 75, leader of the UP in the Urabá region;
Luis Antonio Núñez, treasurer of the Association of Displaced
Persons of the Municipality de Girón, who had already been assaulted;
Alvaro Tapias, president of the Santander section of ANDAS; Belcy
Rincón, founder of the Santander section of ANDAS and wife of a UP
leader killed in 1998; María Gutriérrez, ANDAS spokeswoman in
Santander; and Nicanor Arciniegas, president of the Association of
Displaced Persons of Piedecuesta. In response, the State informed the
IACHR that risk assessments were being performed for the beneficiaries
and indicated that the investigation into the threats was being
conducted by the Third Prosecutor with the Special Criminal Courts;
however, the IACHR did not receive information on progress made in
that connection.
37.
On July 25, 2002 the IACHR granted precautionary measures
on behalf of journalists Alveiro
Echavarría, Alvaro Miguel Mima, Luis Eduardo Reyez (or Reyes), Hugo
Mario Palomari (or Palomar), Humberto Briñez, Wilson Barco, and Mario
Fernando Prado. The information received by the Special Rapporteur
for Freedom of Expression indicated that on July 19, 2002 the RCN news
program in Cali, department of Valle de Cauca, received a pamphlet
from the Manuel Cepeda Vargas Front of the Revolutionary Armed Forces
of Colombia (FARC) which read: “…in light of the tendentious
information from several media outlets and persons who call themselves
journalists, but who are nothing more than puppets of President
Pastrana’s military regime, our organization has decided to call on
the following journalists to leave the city of Cali within 72 hours or
else become military targets of our organization...” The information
provided by the petitioners indicated that the Ministry of the
Interior’s Program to Protect Journalists and Social Communicators
had taken safety measures to protect the aforementioned journalists
for a period of only five days. The State reported on the performance
of police patrols and continuous accompaniment by a guard and
indicated that the investigation into the threats had been assigned to
a prosecutor with the Unit for Crimes against Individual Liberty and
Other Guarantees.
38.
On July 29, 2002 the Commission granted precautionary
measures on behalf of 14 social
leaders from the department of Arauca.A violent paramilitary offensive was launched in September 2001
in the municipalities of Tame, Puerto Rondón, and Cravo Norte.This situation led to a public statement by the United Nations,
mobilization of social sectors in Arauca, and finally a commitment
signed on March 4, 2002 with the national government, which pledged to
ensure law enforcement presence.The petitioners alleged that the persons named as beneficiaries
in the request played a key role in the mobilization and the signature
of this agreement and that some of them were on a list of “military
targets” found by the Attorney General’s Office in the possession
of paramilitary leader Jesús Emiro Pereira, who was captured in
December 2001. The
petitioners feel that because of their high profile as spokespeople
for their communities, these social leaders are at serious risk of
being attacked by the AUC. They
had learned that a group of assassins had been hired by the AUC to
kill the social, political, and union leaders and communicators on the
list. On November 8,
2002, human rights defender José Rusbell Lara was killed; he was a
member of the Joel Sierra Regional Human Rights Committee and was a
beneficiary of the precautionary measures.In a press release, the IACHR condemned the killing, which
occurred in the municipal capital of Tame, and urged the State to
exhaustively investigate this crime, prosecute and punish the
perpetrators, and ensure that the rest of the human rights defenders
covered by the Commission’s request receive due protection (See
press release 45/02).
40.
On August 6, 2002 the IACHR granted precautionary measures
on behalf of members of the
Colombian Legal Foundation (CORPOJURÍDICO), headquartered in
Apartadó, Antioquia, and the relatives of the victim in petition
P0597/2001 on the disappearance of Alcides Torres Arias. The
petitioner requested a hearing to present the testimony of the victim’s
mother during the 114th regular session of the IACHR in
Washington, D.C.; however, before departing, attorney María del
Carmen Flores Jaime, a member of CORPOJURÍDICO, was killed after she
met with the victim’s mother. The petitioners claim that, since
then, they have received threats and members of the organization have
had to move or go into exile abroad for security reasons.
41.
On August 27, 2002 the IACHR granted precautionary measures
on behalf of Diego Osorio,
Carlos Valencia, Aide Trujillo, Rodrígo López, Vicente Villarda,
Gerardo Santibáñez, Guillermo Cardona, Domingo Taboparda, Adriana,
Gonélez, María Teresa Henao, and others.On August 21, 2002 the Risaralda Teacher’s Union (SER)
received a leaflet by fax signed by the self-appointed Cacique
Calarcá Bloc of the United Self-Defense Forces of Colombia (AUC)
ordering them to “leave the region within 15 days. If not, our units
will take the actions set forth by our general command.”The letter specifically named the following members of the
United Workers Union (CUT) and the Human Rights Committee (CDH): Diego
Osorio, district president of the CUT; Carlos Valencia, treasurer of
the executive committee of the CUT branch; Aide Trujillo, president of
the Risaralda Teacher’s Union (SER); Rodrigo López, vice president
of the SER; Vicente Villada, treasurer of the executive committee of
the SER branch; Gerardo Santibáñez, secretary general of the Public
Company Workers Union (SINTRAEMDES); Guillermo Cardona, President of
the Risaralda branch of the Permanent Committee for the Defense of
Human Rights (CPDH); Domingo Taborda, vice president of the Risaralda
branch of the CPDH; Adriana González, secretary general of the
Risaralda branch of the CPDH and member of the national executive
committee of the "Eduardo Umaña Mendoza" Association of
Defense Lawyers; María Teresa Henao, Risaralda branch of the CPDH;
Gustavo Marín, Risaralda branch of the CPDH; Dover Hoyos, Risaralda
branch of the CPDH; and Hernando Aguirre, Risaralda branch of the
CPDH.With regard to the protective measures taken by the State,
the IACHR received information on the reinforcement of the
headquarters of the CUT, SINTRAEMSDES, and the SER in October.Regarding implementation of protection plans, the State
reported that it was still awaiting the results of the risk
assessments, although it did approve the provision of national
airplane tickets for 13 of the beneficiaries. The State also indicated
that the National Police had conducted different raids in the region,
to dismantle self-defense and guerilla groups in the region.The National Human Rights Unit is responsible for the criminal
investigations into the illegal placement of constraints on members of
the CPDH and CUT of Risaralda.
42.
On October 2, 2002 the Commission granted precautionary
measures on behalf of one
person infected with HIV/AIDS.According to the request, on August 15, 2002 the beneficiary,
who lived alone and did not have any income, became unemployed and
hence was cut off of social insurance.Because the Colombian state offered access to treatment for
this disease through that vehicle, the beneficiary was automatically
removed from the HIV/AIDS program that he had been involved with since
November 1994, which provided him with anti-retroviral treatment (AZT
3TCIDV). According to Pan
American Health Organization standards, suspension of this treatment
for a person infected with HIV/AIDS is fatal.The Commission asked the State to resume the beneficiary’s
treatment. In response, the State took steps to include the
beneficiary in an ad hoc program providing access to anti-retroviral
treatment.
43.
On October 4, 2002 the Commission granted precautionary
measures in favor of Antonio
García Barrios, Israel Barreiro D., Henry Gordon A., Magangue, Jesús
Tovar C., Lidys Jaraba B., Carmen Torres de Orozco, Nicolás Castro
O., Edgar Pua Samper, Tomas Ramos Quiroz, José Meriño Camelo,
Euripides Yance Rodríguez, Campo Elias Quintero Ortiz, Limberto
Carranza Vanegas, Magangue, Jaime Camargo, Ismael Martínez Salcedo,
Evelio Mancera Sánchez, Agedo Llorente Arteagas, Jaime Castillo
Rogero, Plinio Avila Cassianis, Hernán Arturo Durango Patrillau, Luis
Fernando Arevalo Restrepo, members of the subdirective of the
Department of Atlántico of the Central Trade Union.The request presented to the Commission indicates that the
beneficiaries were declared a military objective by the AUC.Illegal armed groups under the denomination of “Los Chamos”,
"Los Mezas”, “Muerte a activistas revolucionarios”
and “Braca el que no falla” distributed written threats in
the metropolitan area which read “you will suffer the same fate as
Ricardo Orozco, because you are guerrillas.”Mr. Orozco was an ANTHOC union leader, assassinated on
September 27, 2001. The
State reported on the provision of security measures and the
initiation of a formal investigation regarding these threats.
44.
On October 29, 2002 the Commission granted precautionary
measures on behalf of Dr. Teresa
Cedeño Galíndez, president of the Permanent Committee for the
Defense of Human Rights (CPDH) of Arauca.The petitioners claimed that on October 2, 2002 a man who
identified himself as Commander Mario of the AUC made repeated calls
to the cell phone of attorney Teresa de Jesús Cedeño Galíndez,
threatening her with death and ordering her to leave the city and to
“stop defending the guerillas.”He also said that he would post a guard at her house and
expected not to see her there. The
AUC commander repeated the calls and a prosecutor from the support
structure had the opportunity to verify the veracity of the calls and
threats. On October 22,
2002, Dr. Cedeño Galíndez detected persons following her, as well as
movement of suspicious persons in front of her home.In its reply, the State reported that the prosecution office
assigned to work with the Criminal Law Judges of the Special Circuit
in Arauca was in the preliminary phases of an investigation and the
Ministry of the Interior had evaluated the situation of Teresa Cedeño
Galíndez and provided the beneficiary with a transportation and
cellular telephone allowance.
45.
On November 7, 2002 the IACHR granted precautionary
measures to protect the lives and persons of 515 families of Afro-Colombian descent (2,125 persons), members of the
Jiguamiandó Basin Community Council, who reside on 54,973
hectares of land, and families in the Curbaradó Basin, who live on
25,000 hectares of land, in the municipality of Carmen del Darién,
department of El Chocó, land collectively titled to them by the
national government on May 21, 2001. According to the information
received, starting in January 2001 and particularly after the
collective titles were given for the territory of communities of
Afro-Colombian descent, in accordance with Law 70 and the Constitution
of 1991, there has been a series of acts of violence, murders, and
forced displacements that had led nine communities in the Community
Council of Curbaradó to seek refuge in the Collective Territory of
Jiguamiandó and caused over 20 Afro-Colombian communities to flee
deep into the jungle. In
October 2002, armed paramilitary actions began to intensify and to
occupy the collectively owned land, penetrate the communities’
jungle refuges, and surround their departure routes.On October 16, 2002 approximately 160 men in military dress,
wearing AUC armbands, entered the Uradá indian reservation and
threatened the indigenous communities, saying: “either you join us or you leave. The next incursion will be into the
communities of Puerto Lleras and Pueblo Nuevo; from there we are going
to sweep these communities; either you join us or you leave; you have
to plant palm and coca; you are either with us or you leave.” In
the last week of October and the first week of November, 2002, there
was movement by “armed civilians” in the area around where the
families from Jiguamiandó and Curbaradó had sought refuge, in some
cases from paramilitary groups in Brisas, Cetino, Belén de Bajirá
near the presence of the Seventeenth Army Brigade and the point where
control actions are conducted on the Atrato River.The IACHR asked the State, inter
alia, to take preventive measures for perimeter control and to
fight paramilitary action in the Atrato River and other areas of
influence, in order to protect the beneficiary communities; facilitate
the operation of an early warning system, including an adequate,
reliable communications system with humanitarian areas; ensure the
institutional presence of entities such as the Office of the
Ombudsman, and the Office of the Attorney General of the Nation in the
humanitarian areas defined by the community (Remacho, Pueblo Nuevo,
Nueva Esperanza); take humanitarian measures to return the displaced
families to the humanitarian areas established by the communities;
effectively investigate the acts of violence and threats justifying
the adoption of precautionary measures; and prosecute and punish the
perpetrators. Nonetheless,
the Commission has continued to receive information in connection with
ongoing armed incursions into the territory of the protected
communities and on the human crisis that has befallen the
beneficiaries.
46.
On November 7, 2002 the IACHR granted precautionary
measures on behalf of Virgilio
Hernández Castellanos, who in the past twelve years has
held the positions of judge, regional prosecutor, director of the
attorney general’s office, chief of the National Human Rights Unit,
and chief of the National Anti-Corruption Unit of the Office of the
Attorney General of the Nation. According to the background
information, during his tenure as chief of the National Human Rights
Unit from 1997 to 1999, the beneficiary received direct and/or veiled
threats from Víctor Carranza Niño, Carlos Castaño, “Commander
Yara”, El Zarco, Co. Hernando Navas Rubio, Nelson Lesmes, and others
accused of committing serious human rights violations.On September 27, 2002 in an interview circulated in the media,
Carlos Castaño, commander of the AUC, said: “ ...I
believe that the current attorney general deserves all due respect,
our full confidence, however before... you only have to look at the
human rights unit, at Virgilio Hernández, ... people who support the
guerrillas. Since I was going to surrender, I am surrendering to
justice, not to the enemy.” This statement by the AUC commander
rendered the beneficiary a target for that armed organization. The
IACHR has learned that the beneficiary temporarily left the
territorial jurisdiction in order to protect himself.
47.
On November 14, 2002 the Commission requested precautionary
measures on behalf of 22 health
workers in the hospitals of Puerto Rico, Paujil, and Curillo in
Caqueta and San Vicente del Caguán. The petitioners mentioned a
series of acts of violence, threats, and displacements that occurred
from April to October 2002. They indicated that on April 18, 2002 Jhon
Fredy Marin, branch president of the National Association of Hospital
and Clinic Workers (ANTHOC), vaccinator, and health worker in the
municipio of Curillo in Caquetá, was killed by members of the AUC.
They also indicate, inter alia,
that on August 6, 2002, the FARC-EP established a checkpoint at the
health post along the highway connecting the municipality of Puerto
Rico with San Vicente del Cagúan, where health aid María Lilia
Ramírez works and lives with her family. She later received a death
threat from the AUC, giving her 12 hours to leave the region. On
September 27, 2002 nursing assistants Norbery Caicedo Matiz and Luz
Marina León, who work at the Local Hospital of Puerto Rico, received
death threats from the AUC against themselves and their families,
because of their health-related activities, which that group feels
help the insurgency.
48.
On November 19, 2002 the Commission granted precautionary
measures on behalf of Mrs. Marta
Lucía Rentería Barreiro, civic representative of Jamundí and
human rights defender.The beneficiary had denounced cases of corruption in
different municipalities in Valle del Cauca, which led the Office of
the Attorney General of the Nation to launch investigations and
resulted in disciplinary investigations against civil servants.She also denounced serious acts of violence in the department
of Valle del Cauca, particularly in the municipality of Jamundí, that
had led to the death, disappearance, and displacement of hundreds of
persons. The petitioners
alleged that, as a result, her life was in danger and that she was the
victim of harassment and threats and was followed in June, July,
August, and September 2002. They
indicated that both civil servants and paramilitary groups operating
in Valle del Cauca were behind these incidents and that other
popularly-elected civic representatives in the municipality had been
murdered and that those crimes had gone unpunished.They also claimed that she had been the victim of systematic
harassment. In its reply,
the State indicated that the Unit on Crimes against Individual Liberty
and Other Guarantees, Unit 28, in Santiago de Cali is in the
preliminary phase of investigations into the alleged offense of making
threats. The Technical
Investigative Body (CTI) is responsible for providing protection to
the beneficiary and her family, a measure taken along with security
rounds by the National Police, while waiting for the risk assessment
to be conducted by the DAS.
49.
On November 21, 2002 the IACHR granted precautionary
measures on behalf of Jairo
Pinzón López, Pedro Elías Quinteros Montejo, Omar Ramírez Rincón,
Holger Antonio Pérez Quintero, Carlos Daniel Botello Correa, Ramón
Angarita Peñaranda, Héctor Mauricio, Zambrano Pinto, Hernán Andrés
Molina, Javier Serrano Ramírez, and Evelio Guerrero, officials
and inhabitants of the municipality of San Calixto, Norte de
Santander. According to the information received by the IACHR since
October 5, 2002 a paramilitary group led by a former member of
Infantry Batallion Nº 15 of the Fifth Brigade, known as Reinel Lobo,
began to operate, with the consent of the Army, in the municipality of
Teorema and from there is planning to deploy to the municipality of
San Calixto in Norte de Santander. Mr. Lobo was one of the false
witnesses presented by the Fifth Brigade in a trial on open rebellion
against several public officials and residents of San Calixto that
eventually was shelved definitively.The petitioners alleged that on November 4, 2002 Reinel Lobo
and Army Captain Frailes Amarís Rico went up and down the streets of
San Calixto commenting that they had a list of persons to kill at the
request of paramilitary members.On November 15, 2002 a contingent of 200 paramilitary members
was positioned in the La Quina district, three kilometers from the
municipal capital of San Calixto (and two kilometers from the military
base). The petitioners
alleged that this caused social panic and led to the displacement of
many of San Calixto’s inhabitants, including town and political
leaders. The petitioners
indicated that this situation was reported to authorities with the
Fifth Brigade, the Office of the Ombudsman, the Office of the Attorney
General, and the central government, however no measures had been
taken.
f. Cuba
50.
On December 6, 2002 the Commission granted precautionary
measures on behalf of Francisco
Chaviano González, who has been denied freedom since 1994, when
he was detained while serving as president of the National Civil
Rights Council in Cuba. Mr. Chaviano suffers from many ailments,
including a back tumor, respiratory difficulties, a chronic infection
in one ear, and a peptic ulcer. The
petitioners alleged that prison authorities had denied the prisoner
specialized medical care and refused to authorize an analysis to
determine the nature of his tumor.The Commission asked the Cuban government to provide Mr.
Chaviano with specialized medical care.The State did not report to the IACHR on the measures
adopted.
g.
Dominican Republic
51.
On August 14, 2002 the Commission granted precautionary measures on
behalf of ten carriers of
HIV/AIDS. The beneficiaries are identified in the file, however,
at their request, their identity is being kept confidential in this
report. The petitioners allege that the beneficiaries went to health
centers or hospitals, but were not given the drug treatment needed to
fight the disease. As a result, the immune systems of these ten
persons are in a critical state, with low CD4 counts, and they do not
have access to clinical tests to monitor how the disease is
progressing. On September 3, 2002, the State indicated that it would
provide comprehensive care to the beneficiaries within four months and
would supply drugs to selected patients who meet the criteria set by
the National Commission on Anti-Retroviral Drugs (composed, inter
alia, of DIGECITSS, COPRESIDA, PAHO/WHO, REDOVIH, the Dominican
Society of Infectology, Subsecretariat of Drugs
and Pharmacies, and UNAIDS) in accordance with the availability of
the resources allocated for 2002. On September 16 and 26, 2002, the
IACHR broadened the precautionary measures on behalf of others, at the
petitioners’ request, covering 119 persons with HIV/AIDS. Despite
the State’s comments, the petitioners informed the Commission that
they have not yet received anti-retroviral drugs.
h.
Ecuador
52.
On February 11,
2002 the Commission granted precautionary measures in favor of
Ecuadorian Navy Captain Rogelio
Viteri and his family. Captain Viteri had been the target of death
threats as a result of his allegations of corruption against members
of the Ecuadorian Army. The Commission requested the Government to
protect the life and physical integrity of Captain Viteri, his wife
and their two children and to investigate the situation.On March 6, 2002 the State indicated that on February 15, 2002
an officer and four policemen were assigned to provide protection and
security to Captain Viteri and his family.In March, Captain Viteri informed the Commission that he had
been imprisoned for 23 days, that his functions as naval attaché had
been terminated and that he would no longer be eligible for
promotions. The
beneficiary also informed the Commission that on August 28, 2002 the Primera Sala del Tribunal Constitucional, granted his constitutional
amparo, and made it possible
for him to seek damages for the arrests and detentions that he
suffered.
53.
On July 9, 2002 the
Commission granted precautionary measures on behalf of six
Ecuadorian citizens who claimed to be HIV/AIDS carriers.For reasons of confidentiality their names are in the
Commission's files but not listed in this Annual Report.The petitioners argued, inter
alia, that State health agencies had failed to provide the
beneficiaries with basic testing to determine the course of the
disease as well as adequate treatment.The Commission requested that the State provide the
beneficiaries with the medical examination and treatment indispensable
for their survival. The
petitioners filed a second, third and fourth requests bringing the
total number of affected persons, by August 12, 2002, to 54.With each request, the Commission extended the precautionary
measures of July 9, 2002. On
August 26, 2002 the State indicated that the original six HIV/AIDS
carriers were receiving medical attention and that the Ministry of
Health had acquired medication to prevent mother-child transmission
for 100 women and to assist approximately 120 persons with HIV.Subsequently, the petitioners filed additional fifth
and sixth requests, bringing the total number of affected persons
by September 23, 2002 to 153 persons. Precautionary measures were
requested in these cases as well.On October 15, 2002 the Commission held a hearing on this
matter, at the request of the State.The petitioners have informed the Commission that approximately
18 HIV/AIDS carriers in this group have died.
i. Guatemala
54.
On January 30, 2002 the
IACHR asked the Guatemalan State, pursuant to Article 25 of the
Rules of Procedure, to adopt precautionary measures to preserve the
life of Mr. Ronald Ernesto
Raxacacó Reyes until the Commission had decided on the merits of
the case. Mr. Raxacacó Reyes was sentenced to death in a May 14, 1999
ruling of the Sixth Criminal Court on Drug-related Activities and
Crimes against the Environment, for kidnapping a child.
According to the information provided, Mr. Raxacacó is in
prison waiting for a date to be set for carrying out the judgment. In
a note dated May 20, 2002, the Guatemalan State indicated to the
Commission that “in this case, there is no imminent harm and no
human right is being violated; this is a valid sentence in accordance
with Guatemalan law, and the respective steps were followed to reach
that ruling.” In the
same letter, the State asked the IACHR to refrain from ordering
precautionary measures on behalf of the condemned man.
The Commission would like to underscore that the precautionary
measures granted on behalf of Mr. Raxacacó are still in effect.
55.
On February 13, 2002 the Commission wrote to the Guatemalan
State, pursuant to Article 25 of the Rules of Procedure, to ask it to
adopt precautionary measures to protect the life and person of Miriam
Jeannette Peralta, Ulda Rebeca Arita Peralta, Clara Luz León
Castañeda, José León Arreaza López, Amelia de Arriaza, Gudelfa
Cerna Castañeda, Edwin Pasos Cerna, Amilcar Cerna Castañeda, Alberto
Cerna Leiva, Clara Castañeda Casasola, Luis Méndez, Carlos Humberto
Padilla, Porfirio Sánchez Grijalva, Elio Hernández Sánchez, and
other residents of Chocón village
in the municipality of Livingston, department of Izabal, Guatemala.
The Commission based its request on information indicating that
on January 29, 2002 the Chocón Community was occupied by a contingent
of agents from the Department of Anti-Drug Operations of the Northern
Port Division (DOAN), who burst into the settlement in tour buses,
without plates; when they got out, they began to shoot at houses and
the neighbors, without any justifiable motive.
The State informed the Commission of the steps taken to comply
with the precautionary measures. In a letter dated April 22, 2002, the
State reported on the installation of a National Civil Police
Substation that will operate continually in the settlement as long as
the precautionary measures remain in effect.
It also reported on the results of the investigation conducted
by the Attorney General’s Office and the Chiquimula High Criminal
Court of the First Instance, which ordered the detention pending trial
and indictment of 16 DOAN officials for the offenses of judicial
execution and trespassing. After
this reply from the State, the parties continued to submit information
and observations in connection with these precautionary measures. The
Commission views positively the measures taken by the Guatemalan State
on behalf of residents of the Chocón village.
56.
On March 8, 2002 the Commission requested the Guatemalan
State precautionary measures to protect the life and person of Fernando
Moscoso, Freddy Peccerelli, Federico Reyes, Mariana Valdizon, Leonel
Paiz, Francisco de León, José Samuel Suasnavar, Guillermo Meza,
Claudia Rivera, Raúl García, and Miguel Morales, their
relatives, and their colleagues.
The Commission’s decision was based on a petition for
precautionary measures presented by the Human Rights Legal Action
Center (CALDH) on March 7, 2002.
The Commission based its decision to issue precautionary
measures on information indicating that on February 21, 2002 eight
copies of a note were delivered to the home of Mr. Francisco de León
issuing a death threat against the aforementioned persons, who had
worked in recent years as forensic anthropological experts in the
disinterment of clandestine cemeteries containing the human remains of
victims of Guatemala’s domestic armed conflict.
The text of the threat included the following sentence, “one
by one they will fall, from the first one who started this mess to the
last; we know where you all are; we know who you are...”; that
letter included the names of four of the most senior forensic experts
in Guatemala, but omitted persons of similar seniority who are
currently overseas. The
Commission received information indicating that the Guatemalan State
offered police security to the anthropologists protected by the
measures and that it did in fact provide security to the beneficiaries
who expressly accepted it. The
Commission has not received recent information on the fulfillment of
these precautionary measures.
57.
On July 29, 2002 the Commission contacted the Guatemalan
State to request precautionary measures to protect the rights to life
and personal safety of members
of the Rigoberta Menchú Foundation,
based on threats and acts of intimidation against them.
Among the incidents considered by the Commission in issuing the
measures was the murder of Guillermo Ovalle, a Foundation member, on
June 26, 2002 in a restaurant near that organization.
On August 12, 2002 the State presented information on
fulfillment of the precautionary measures and indicated that a
decision was reached at a meeting with the petitioners to have
continuous police surveillance of Foundation facilities. Following
that reply from the State, the parties continued to present
information and observations in connection with these precautionary
measures. The Commission continues to monitor compliance with the
precautionary measures.
58.
On August 16, 2002 the Commission asked the Guatemalan
state to adopt precautionary measures on behalf of 11 carriers of HIV/AIDS. The
beneficiaries are identified in the file, however their identities are
being kept confidential in this report.
The petitioners alleged that these persons were in imminent
danger because they did not have access to anti-retroviral drugs to
treat this serious disease. The
Commission asked the Government of Guatemala to provide the treatment
and anti-retroviral drugs required for their survival, as well as
medical examinations to regularly evaluate their health status. On
November 14, 2002 the petitioners informed the Commission that one of
the beneficiaries had died and asked it to urge the Inter-American
Court of Human Rights to grant provisional measures on behalf of the
beneficiaries. In a note
dated November 23, 2002 the government reported that the request for
measures was brought to the attention of the Minister of Public Health
and Social Welfare in order to protect the life of the beneficiaries;
that the Executive Director of the Foundation to Fight AIDS reported
that on October 30, 2002 pharmaceutical companies were selected from
whom the anti-retroviral drugs Efavirenz, Zidovudine, and Lamivudine
would be purchased with government funds to treat 80 adults and 80
children; and that on November 19, 2002 the government asked the
directors of Hospital San Juan de Dios and Hospital Roosevelt to
provide special care in administering the treatment and the medical
evaluation of the beneficiaries.
The State also indicated that their outpatient clinics were
providing comprehensive treatment for persons living with HIV/AIDS
where the beneficiaries could receive evaluations and treatment to
enhance their quality of life. The government reported that it was making efforts to
implement a health policy on these cases, which it would report on in
a timely manner to the IACHR. Despite
the State’s comments, the petitioners have informed the Commission
that they have not yet received anti-retroviral drugs.
The Commission has continued receiving information from the
petitioners on this matter.
59.
On October 11, 2002 the Commission asked the Government of
Guatemala to adopt precautionary measures to protect the life and
person of Hugo Martínez and
Beatriz Estrada de Martínez, at their home and workplace.
According to the request, these persons had been the victims of
a series of acts of intimidation and harassment.
On August 20, 2002 the beneficiaries were the victims of a
supposed traffic accident, and they had received several telephone
calls in the middle of the night in which unidentified persons
demanded that they remove themselves from the investigations into the
death of Hugo Martínez’s father, Justice of the Peace Martínez
Pérez, who was lynched and murdered on March 12, 2001 in the
municipality of Alta Verapaz. In
November 2001, Mrs. Estrada’s father was informed that the order to
cause Mrs. Estrada’s daughter and husband to disappear was going to
be executed. The victims
continued to receive death threats over the telephone.
Through a note dated November 6, 2002 the government reported
that the National Civil Police would be responsible for protecting the
beneficiaries. According
to the information provided by the petitioners, three police officers
were appointed to protect the beneficiaries, but did not have the
logistical elements necessary to thoroughly fulfill that mission.
60.
On October 11, 2002 the Commission asked the State of
Guatemala to adopt precautionary measures to protect the life and
person of Egon Hidalgo Salvador
y Salvador, a member of Pastoral
de Movilidad Humana of the Diocese of San Marcos, municipality of
San Marcos, who had received repeated death threats.
According to information obtained by the Special Rapporteur for
Migrant Workers and their Families, on September 27 and October 1,
2002 Mr. Salvador y Salvador received anonymous telephone calls from a
person who, in clear opposition to the beneficiary’s work on behalf
of the rights of migrant workers, told him to stop those activities or
suffer serious consequences, including death.
One piece of background information borne in mind by the
Commission was that Mr. Salvador y Salvador was beaten by three
individuals at night when returning home in the municipality of
Comitancillo. In a note
dated November 19, 2002 the State informed the IACHR that an agreement
had been reached with the beneficiary to adopt perimeter surveillance
at his workplace and residence by the National Civil Police as a
protective measure. Later, on January 17, 2003 the State indicated that police
authorities in the department of San Marcos continue to protect the
beneficiary and that no new acts of intimidation or threats had been
reported. The Commission
notes that the Guatemalan State has fulfilled the precautionary
measures requested.
j.
Haiti
61.
On March 14, 2002
the Commission adopted precautionary measures on behalf of Mr.
Patrick Merisier and Mr. Benthony Philippe, members of the
National Coalition for the Rights of Haitians.
These measures were adopted for a six-month period and expired
on September 15, 2002. According
to information received by the Commission, Mr. Patrick Merisier
suffered bullet wounds on February 22, 2002 and was pursued until he
took refuge in a hospital. Mr. Benthony Philippe was allegedly subjected to persecution
and intimidation by certain government agents.
According to the same source, these acts of aggression and
intimidation were perpetrated because Mr. Patrick Merisier and Mr.
Benthony Philippe, acting in their capacity as members of the National
Coalition for the Rights of Haitians, had denounced the deterioration
in the overall human rights situation in Haiti; drawn the public’s
attention to the impunity enjoyed by those responsible for the events
at La Saline on November 1 and 2, 2001 and to the problem of
corruption; and criticized the “zero tolerance” policy and the
delay in investigating the murder of Mr. Jean Dominique. On March 14, 2002 the Commission granted precautionary
measures on behalf of Mr. Patrick Merisier and Mr. Benthony Philippe
and asked the State to take the necessary steps to protect the lives
and physical integrity of Mr. Patrick Merisier and Mr. Benthony
Philippe and to adopt all measures required to guarantee the exercise
of their right to seek, receive, and impart information in accordance
with Article 13 of the American Convention and with the second
principle of the Declaration of Principles on Freedom of Expression.
On September 5, 2002 the Commission asked the parties to
comment within 2 weeks on the precautionary measures adopted in March
2002. After a hearing at
the Commission’s headquarters on October 15, 2002 the Commission was
informed by the National Coalition for the Rights of Haitians that Mr.
Patrick Merisier had left Haiti and that, therefore, precautionary
measures were no longer necessary in his case.
In a note dated September 18, 2002 and received by the
Commission on December 23, 2002 the Haitian State acknowledged receipt
of the Commission’s communication dated September 5, 2002.
62.
On October 15, 2002
the Commission adopted precautionary measures on behalf of Mr.
Lysias Fleury. These measures were reiterated by the IACHR on
November 12, 2002. According to information received by the IACHR, Mr.
Lysias Fleury, of the Justice and Peace Episcopal Commission in Haiti,
was detained by police on June 24, 2002 at approximately 7:00 p.m.,
and hit several times with the butt of a pistol at the time he was
arrested. He was held 17
hours for questioning at the Bon Repos police station. That night he
was subjected to various forms of degrading treatment.
For instance, he was forced to collect excrement with his
hands. The next day, some policemen beat him up, inflicting 15 double
(“kalots marasa”) slaps on the face, 64 blows to the belly
with a baton, and several kicks to the ankles.
Mr. Lysias Fleury presented the Commission with a medical
certificate attesting to his wounds, along with various photographs of
them. The petitioner
informed the Commission that a complaint was lodged with the
Prosecutor’s Office in Port-au-Prince on August 1, 2002 as well as
with the Inspector of the National Police on June 27, 2002. The
Commission adopted the following precautionary measures: (1) Immediate
adoption of all measures needed to protect the life and physical
integrity of File Lysias Fleury. These measures must be adopted with
the consent of the petitioner as soon as possible. (2) The adoption of
all measures required to ensure that an investigation is carried out
into the facts denounced by File Lysias Fleury.
According to information at the Commission’s disposal, the
petitioner made several attempts to meet government officials to agree
on appropriate measures to guarantee his personal security but was not
received by them. Moreover, he was allegedly intimidated by certain
government agents who had taken part in the events of June 24, 2002.
63.
On
December 6, 2002 the Commission adopted precautionary measures on
behalf of journalists working for Radio Étincelles in Gonaïves: Esdras
Mondélus, Renet Noel-Jeune, Guérino Jeaniton, and Gédéon
Presendieu, and also on behalf of correspondents Henry
Fleurimond, Jean Robert François, and Josué René.
According to information received by the IACHR, these
beneficiaries had been told on November 21 that members of the Armée
Cannibale organization were preparing to set fire to the Radio
Étincelles premises in Gonaïves.
The seven journalists reportedly evacuated Radio Étincelles
and took refuge in the Bishop’s residence from November 21 to
November 28, 2002. The Radio Étincelles offices in Gonaïves were, at
least partly, burnt down in the night of November 24-25, 2002.
Moreover, according to the information received, two of the
seven journalists allegedly received threatening phone calls between
November 21 and November 28, 2002. On the night of November 29-30, the seven journalists were
evacuated from the Bishop’s residence with the help of the Haitian
Journalists’ Association and the Haitian National Police’s High
Command. They are
allegedly now hidden at a location that has not been revealed.
The Commission adopted the following precautionary measures in
respect of d’Esdras Mondélus, Renet Noel-Jeune, Guérino Jeaniton,
Gédéon Presendieu, Henry Fleurimond, Jean Robert François and
Josué René: (1) Immediate adoption, in coordination with the
representatives of the seven journalists, of all measures needed to
protect the life and physical integrity of Henry Fleurimond, Jean
Robert François, Josué René, Esdras Mondélus, Renet Noel-Jeune,
Guérino Jeaniton, and Gédéon Presendieu. (2) Immediate adoption of
all measures required to ensure that an investigation is carried out
regarding those responsible for the aforementioned acts.
As of the time this report was published, the IACHR had
received no information regarding measures taken by the State. k.
Honduras
64.
On August 16, 2002 the Commission granted precautionary
measures on behalf of four
carriers of the HIV/AIDS virus.
The beneficiaries are identified in the file, however, at their
request, their identities are being kept confidential in this report.
The petitioners alleged that the beneficiaries went to health
centers or hospitals, but were not given the drug treatment needed to
fight the disease. As a
result, their immune systems were in a critical state, and they did
not have access to clinical tests to monitor the progression of the
disease. On September 2,
2002 the Commission broadened the precautionary measures to include
four more persons; it received another such request on September 21. In December 2002, the petitioners indicated that the State
had not yet provided the necessary treatment and that four of the
beneficiaries had died.
l.
Jamaica
65.
On September 12,
2002 the Commission authorized precautionary measures in favor of
Kevin Clark and other residents of Area 4 in the city of Kingston,
Jamaica at risk of irreparable harm.
According to the petition requesting the measures, during the
preceding three years a member of the Jamaican Constabulary force then
with the Hunts Bay Police Station, Detective Inspector Donovan
O'Connor, was allegedly involved in six fatal shootings along with
other cases of alleged abuse including three cases of harassment, two
beating and one non-fatal stabbing.
The petition also indicated that none of these incidents had
been properly investigated by the State and that Detective Inspector
O'Connor had been retained as a front line officer despite having been
implicated in these events, contrary to the JCF internal protocols and
the UN Principles on the Effective Prevention and Investigation of
Extra-Legal, Arbitrary and Summary Executions.
In addition, the request indicated that Detective Inspector
O'Connor had harassed Kevin Clark, a resident of Area 4, by
threatening his life in October 2001 and detaining him for over five
days without charge in June 2002. Subsequently, based on additional information provided by the
parties in notes dated January 31, 2003, the Commission informed the
parties that it had decided to revise its September 12, 2002
precautionary measures by requesting that the State of Jamaica take
the urgent measures necessary to protect the lives and physical
integrity of Kevin Clark, Gregory Brown, and other residents of Area 4
in West Kingston who were at risk of irreparable harm, conduct
thorough, prompt and impartial investigations into the threats alleged
to have been made by Detective Inspector Donovon O'Connor against
Kevin Clark, and conduct similar investigations into the alleged
threats against Gregory Brown. At
the same time, the Commission lifted its request that the State of
Jamaica conduct thorough, prompt and impartial investigations into
measures in respect of the fatal shootings denounced by the
Petitioners, without prejudice to the Petitioners' competence to lodge
a petition pursuant to Article 44 of the American Convention
containing denunciations or complaints of violations of the Convention
by a State Party.
66.
On October 2, 2002
the Commission authorized precautionary measures in favor of Anthony
McLeod. According to
the petition requesting the measures, Mr. McLeod was an inmate at St.
Catherine Adult Correctional Center in Jamaica serving a life sentence
and who suffered from a serious bleeding condition from a sensitive
area of his body that caused him considerable pain and prevented him
from sitting down or walk properly. The request also indicated that
Mr. McLeod had complained several times to the prison authorities and
that the prison doctor made several appointments for him to attend a
hospital for an operation, but that state authorities failed to take
him for these appointments or to otherwise provide him with
assistance. According to the petition, Mr. McLeod's physical and
mental state was deteriorating and he could not afford to pay for
medical services to be performed at the prison.
The Commission did not receive information indicating that the
State had complied with the request for precautionary measures.
m.
Mexico
67.
On April 25, 2002 the IACHR granted precautionary measures
on behalf of Esther Chávez
Cano, who reported that she was threatened because of her
investigation into the murder of women in Ciudad Juárez.
[1]
The petitioners and the authorities held several working meetings to
discuss protective measures. Both parties regularly submitted information on the steps
taken by the Attorney General’s Office to investigate the complaints
and to implement Federal Judicial Police patrols at the offices of the
organization Casa Amiga and
at the home of Mrs. Chávez.
68.
On August 28, 2002 the IACHR granted precautionary measures
to guarantee the life and person of Enedina
Cervantes Salgado and Francisco Cortes Pastenes.
This was done in relation to the alleged forced disappearance
of Mr. Faustino Jiménez Álvarez, the husband of Mrs. Enedina
Cervantes Jiménez, which was witnessed by Francisco Cortes Pastenes,
a judicial police officer. The
State and the petitioners have regularly presented information to
IACHR on the protective measures implemented during the term of the
precautionary measures and the progress of the examination into Mrs.
Cervantes’ complaint.
69.
On September 10, 2002 the IACHR granted precautionary
measures to protect the life and person of Miriam
García, Blanca Guadalupe López, and attorney Dante Almaraz. The
beneficiaries have received death threats as a result of their work to
defend the husbands of Miriam García and Blanca Guadalupe López, who
are being detained in Chihuahua and are accused of killing eleven
women in Ciudad Juárez.
[2]
The petitioners reported that the attorney was killed by the judicial
police in that city. Dr.
Escobedo also reported that his representatives had been tortured.
Dr. Dante Almaráz, in turn, claims that he is defending the
detainees based on the fact that they were tortured to give false
confessions. The parties
regularly presented information to the Commission on implementation of
the precautionary measures.
70.
On October 10, 2002, the Commission granted precautionary
measures on behalf of Jesús
Ángel Gutiérrez Olvera, Leonor Guadalupe Olvera López, Sandra
Gutiérrez Olvera, and Ernesto García Garrido.
The petitioners alleged that after they denounced agents of the
attorney general’s office for their alleged responsibility for the
March 14, 2002 disappearance of her son, Jesús Ángel Gutiérrez
Olvera, Mrs. Olvera has been under surveillance and was the victim of
acts of intimidation. They
indicate that the attorneys pursuing the investigation have been
threatened and that those threats were reported to the pertinent
bodies, which led the Human Rights Commission of the Federal District
to involve the judicial police in protecting the beneficiaries.
The State and the petitioners presented information and
observations to the IACHR on the implementation of these precautionary
measures.
n. Nicaragua
71.
On July 29, 2002 the Commission granted precautionary
measures on behalf of eight
carriers of the HIV/AIDS virus.
The beneficiaries are identified in the Commission's file,
however, at their request, their identities are being kept
confidential in this report. The
petitioners alleged that the beneficiaries went to State health
centers or hospitals, but were not given the treatment and drugs
needed to fight the disease. As a result, the immune systems of these eight persons were
said to be in a critical state, with low CD4 counts, and they did not
have access to clinical tests to monitor how the disease was
progressing. On September
18, 2002 the Commission reiterated to the State its request for
precautionary measures and broadened it to include eight more persons.
The State informed the Commission that it met with the
beneficiaries on three occasions, to discuss the request for
precautionary measures. However,
it said that it did not have the drugs needed for treatment and that
it was trying to reach an agreement with the Inter-American
Development Bank, the Pan American Health Organization, and the World
Fund [sic] to buy anti-retroviral drugs. According to the Petitioners, two of the eight beneficiaries
have since died.
o.
Paraguay
72.
On July 29, 2002 the Commission asked the Paraguayan State
to take the necessary steps to protect the person of Mrs. María Noguera and her family from the threats they have received.
Mrs. Noguera is a human rights defender, and her main activity
is to visit military barracks to see if there are child soldiers, in
connection with an inter-institutional commission created for that
purpose. She told the
Commission that, as a result of her activities, both she and her
family had been the victims of threats and intimidation.
The State replied on August 29, 2002 and the Commission
continues to receive information from both parties on implementation
of the measures.
p.
Peru
73.
On April 4, 2002 the IACHR granted precautionary measures
on behalf of Mr. Wilson
García Asto, who is detained in the Castro Castro Prison in Lima
and was diagnosed on July 31, 1998 with a prostate condition.
On November 14, 2000 while in the Yanamayo prison in Puno he
began to receive oral treatment.
On September 21, 2001 he was transferred to the Challapalca
Penitentiary, where his health status worsened, but he was not given
access to any medical care. Based on the elements compiled after
consulting with the State, the Commission requested: (1) that Mr.
Wilson García Asto be given a medical exam, including a diagnosis,
prognosis, and the recommended treatment for his illness; and (2) that
the treatment prescribed as a result of that exam be provided. On
April 12, 2002 the State reported that Mr. García Asto had received
the requested medical examination.
The petitioner insisted, however, that her son had not yet
obtained access to any medical care or treatment in Challapalca.
On August 21, 2002 on the occasion of a working visit to
Peru, an IACHR delegation headed by First Vice President of the
Commission and Rapporteur for Peru, Dr. Marta Altolaguirre, verified
that Mr. Wilson García Asto had been transferred to the medical annex
in the Jualiaca Prison, where he finally received medical care.
On December 24, 2002 the petitioner reported that her son had
been transferred to the Castro Castro Prison in Lima, which
facilitated medical care and family visits.
74.
On September 23, 2002 the IACHR granted precautionary
measures on behalf of 15
carriers of the HIV/AIDS virus with CD4 blood counts below 300 per
mm3, whose immune systems were compromised to the point of endangering
their lives. The
beneficiaries are identified in the Commission's file, however, at
their request, their identities are being kept confidential in this
report. The beneficiaries
claimed that they went to State public health systems, but did not
receive the necessary tests to determine how the disease was
progressing or the anti-retroviral treatment necessary for their
survival. The Commission
asked the State to take the necessary steps, through the competent
authorities, to determine the progression of the disease and to
provide the necessary treatment in accordance with international
standards set by the Pan American Health Organization.
In its reply, the State indicated that notwithstanding the
scope of the problem, it did not have a policy aimed at providing
universal access to anti-retroviral treatment for carriers of
HIV/AIDS. It indicated, inter alia, that as of
September 2002 a special program had been implemented for children
infected with the virus, with an estimated target of 150 patients in
treatment, as well as training programs for health sector officials
responsible for treating adult patients.
q.
Suriname
75.
On August 8, 2002
the Commission issued precautionary measures to protect the twelve
Saramaka clans which inhabit 58 villages located on the Upper
Suriname River. The
Petitioners claimed that the State of Suriname had granted numerous
logging, road-building and mining concessions in the Saramaka
territory, without consulting the clans and that this constituted an
immediate, substantial and irreparable threat to the physical and
cultural integrity of the Saramaka people.
The Petitioners claimed that an estimated 30,000 Brazilian gold
miners operated in the Saramaka territory and that as a consequence 20
to 30 tons of mercury had been released into the environment,
contaminating the water sources and the fish.
The Commission requested that the State take the appropriate
measures to suspend all concessions, including permits and licenses
for logging and mine exploration and other natural resource
development activity on lands used and occupied by these clans, until
the substantive claims raised in by the petitioner were examined in
Case 12.338, still pending before the IACHR.
The Commission also requested that the State take all
appropriate measures to protect the physical integrity of the clan
members.
r.
United States
76.
On February 5, 2002
the Commission authorized precautionary measures in favor of Thomas
Joe Miller-El. According
to the petition requesting the measures, Mr. Miller-El was convicted
of capital murder and sentenced to death in the State of Texas on
October 4, 1993. The
petition alleged that the United States is responsible for violations
of Articles I, II, XVIII, and XXVI of the American Declaration of the
Rights and Duties of Man because Mr. Miller-El's trial and sentencing
proceeding were tainted with racial discrimination. The petition also
indicated that Mr. Miller-El was scheduled to be executed in the state
of Texas on February 1, 2002. In
its communication to the United States, the Commission indicated that
if Mr. Miller-El was executed before the Commission had an opportunity
to examine his case, any eventual decision would be rendered moot in
respect of the efficacy of potential remedies, and he would suffer
irreparable damage. On
February 16, 2002 the Commission received information that the U.S.
Supreme Court had agreed to hear his petition for a writ of certiorari
and granted a stay of his execution.
77.
On February 27, 2002 the Commission authorized
precautionary measures in favor of Napoleon
Beazley. According to
the petition requesting the measures, Mr. Beazley was under 18 years
of age at the time he committed the offense for which he has been
sentenced to death and that executing him in these circumstances would
violate a peremptory norm of international law.
In its February 27, 2002 communication to the United States,
the Commission indicated that if Mr. Beazley was executed before the
Commission had an opportunity to examine the allegations in his
petition, any eventual decision would be rendered moot in respect of
the availability of potential remedies and irreparable damage would be
caused to Mr. Beazley. Accordingly,
the Commission requested that the United States take precautionary
measures to preserve Mr. Beazley's life pending the Commission's
investigation of the allegations in the petition.
In a note dated March 13, 2002 the State's representative
informed the Commission that they were coordinating with the State of
Texas and the Office of the Legal Advisor in the Department of State
to provide a response as soon as possible. Subsequently the Commission
received information that Mr. Beazley's execution was scheduled to
take place in Texas on Tuesday, May 28, 2002. Consequently, in a
communication dated May 25, 2002, the Commission reiterated its
February 27, 2002 request for precautionary measures.
The Commission subsequently received information that Mr.
Beazley's execution proceeded as scheduled on May 28, 2002.
78.
On February 27,
2002 the Commission authorized precautionary measures in favor of Tracy
Lee Housel. According
to the petition requesting the measures, Mr. Housel was a dual
national of the United States and the United Kingdom. He was tried by
a judge and jury in the state of Georgia, pleaded guilty to malice
murder and motor vehicle theft, and was sentenced to death by his jury
on February 7, 1986. The
petition also alleged that Mr. Housel had been the subject of regular
repeated physical and mental abuse prior to his trial, and that he was
denied his right to due process and to a fair trial because evidence
of unadjudicated offenses was introduced during the sentencing phase
of his trial and because of the inadequacy of Mr. Housel's legal
representation. In its February 27, 2002 communication to the United States,
the Commission indicated that if Mr. Housel was executed before the
Commission had an opportunity to examine the allegations in his
petition, any eventual decision would be rendered moot in respect of
the availability of potential remedies and irreparable damage would be
caused to Mr. Housel. The
Commission subsequently received information that Mr. Housel's
execution proceeded as scheduled on March 12, 2002.
79.
On March 7, 2002
the Commission authorized precautionary measures in favor of Abu-Ali
Abdur' Rahman, formerly James Jones.
According to the petition requesting the measures, Mr. Abdur'
Rahman was a 51-year-old man suffering from Borderline Personality
Disorder and Posttraumatic Stress Disorder and was sentenced to
death in July 1987 for the murder of a drug dealer.
The petition also alleged that Mr. Abdur' Rahman was deprived
of a fair trial, and that since he was mentally ill his execution
would constitute cruel, infamous and unusual punishment.
In addition, the petition indicated that Mr. Abdur' Rahman was
scheduled to be executed in the state of Tennessee on April 10, 2002.
In its March 7, 2002 communication to the United States, the
Commission indicated that if Mr. Abdur' Rahman was executed before the
Commission had an opportunity to examine the allegations in his
petition, any eventual decision would be rendered moot in respect of
the availability of potential remedies and irreparable damage would be
caused to Mr. Abdur' Rahman. Accordingly,
the Commission requested that the State take precautionary measures to
stay Mr. Abdur' Rahman's execution pending the Commission's
investigation of the allegations in his petition, and requested an
urgent response to its communication. In a communication dated March
13, 2002 the State informed the Commission that the U.S. Mission to
the OAS was coordinating with the State of Tennessee and the Office of
the Legal Advisor in the Department of State to provide response to
the petition as soon as possible. The Petitioners subsequently informed the Commission that on
March 28, 2002 the Tennessee Board of Pardons and Paroles voted 6-0
against recommending that the Tennessee Governor grant Mr. Abdur'
Rahman clemency, and that Mr. Abdur' Rahman remained subject to
execution on April 10, 2002. Consequently,
in a note to the State dated April 5, 2002 the Commission reiterated
its March 7, 2002 request for precautionary measures. Mr. Abdur'
Rahman's execution was subsequently stayed by the US Supreme Court.
80.
On March 12, 2002
the Commission authorized precautionary measures in favor of detainees
being held by the United States at Guantanamo Bay, Cuba.
According to the petition requesting the measures,
approximately 254 detainees were being held by the United States at
its Naval Station in Guantanamo Bay, Cuba, in a facility known as
"Camp X-Ray." The request indicated that these detainees
were transported by the United States to Guantanamo Bay beginning on
or about January 11, 2002 following their capture in Afghanistan in
connection with a military operation led by the United States against
the former Taliban regime in that country and an organization known as
Al Qaeda. The request
also claimed that the detainees at Guantanamo Bay were at risk of
irreparable harm because the United States refused to treat the
detainees as prisoners of war until a competent tribunal determined
otherwise in accordance with the Third Geneva Convention of 1949
Relative to the Treatment of Prisoners of War, because the detainees
had been held arbitrarily, incommunicado and for a prolonged period of
time and had been interrogated without access to legal counsel, and
because certain detainees were at risk of trial and possible death
sentences before military commissions that failed to comply with
established principles of international law.
After deliberating upon the request during its 114th regular
period of sessions, the Commission decided to request that the United
States take the urgent measures necessary to have the legal status of
the detainees at Guantanamo Bay determined by a competent tribunal.
As explained in its March 12, 2002 communication to the State,
the Commission's decision was based upon, inter
alia, its finding that doubts existed as to the legal status of
the detainees, including the question of whether and to what extent
the Third Geneva Convention or other provisions of international
humanitarian law applied to some or all of the detainees and what
implications this may have for their international human rights
protections, and that absent clarification of the legal status of the
detainees, the Commission considered that the rights and protections
to which they may be entitled under international or domestic law
could not be said to be the subject of effective legal protection by
the State. Consequently, without prejudging the possible application of
international humanitarian law to the detainees at Guantanamo Bay, the
Commission considered that precautionary measures were both
appropriate and necessary in the circumstances, in order to ensure
that the legal status of each of the detainees was clarified and that
they would be afforded the legal protections commensurate with that
status. The Commission
also asked for information from the State within 30 days on compliance
with the Commission's measures and thereafter on a periodic basis.
In communications dated April 11, 2002 and July 15, 2002 the
State provided the Commission with information and arguments in which
it disputed the Commission's jurisdiction to adopt the precautionary
measures, and the Petitioners responded to the State's April 11, 2002
observations in a communication dated May 13, 2002.
Upon considering these additional communications, in notes to
the parties dated July 23, 2002, the Commission informed the State and
the Petitioners that it had decided to maintain the precautionary
measures requested in its March 12, 2002 communication to the United
States and to reiterate its request for information concerning the
measures taken to implement the Commission's request.
The Commission also expressed concern with respect to
additional information provided by the Petitioners indicating that the
manner in which certain detainees at Guantanamo Bay were captured
raised reasonable doubts concerning whether they belong to the enemy's
armed forces or related groups. These detainees were alleged to
include six Algerian citizens arrested by U.S. authorities in Bosnia
and ten Kuwaiti nationals arrested in Pakistan.
The Commission indicated that without more, this information
raised further serious concerns regarding the legal status of each of
the detainees at Guantanamo Bay and the international rights and
protections to which they may have been entitled. Further, on October
16, 2002 during its 116th regular period of sessions, the Commission
convened a hearing on the precautionary measures at the request of the
Petitioners. Representatives of the Petitioners and the State appeared
before the Commission, provided written and oral arguments concerning
the measures, and answered questions posed by Commission members. The
Commission did not subsequently receive any information indicating
that its request for precautionary measures had been complied with by
the State.
81.
On April 19, 2002
the Commission authorized precautionary measures in favor of Christopher
Simmons. According to
the petition requesting the measures, Mr. Simmons was convicted of
capital murder and sentenced to death in the state of Missouri on June
16, 1994. The petition
alleged that the United States was responsible for violations of
Articles I and II of the American Declaration because Mr. Simmons was
17 years of age at the time of commission of his offense.
The petition also stated that Mr. Simmons' execution was
scheduled to take place on May 1, 2002. In its April 19, 2002 communication to the State, the
Commission indicated that if Mr. Simmons was executed before the
Commission had an opportunity to examine the allegations in his
petition, any eventual decision would be rendered moot in respect of
the availability of potential remedies and irreparable damage would be
caused to Mr. Simmons. The Petitioners subsequently informed the Commission that the
Missouri Supreme Court had postponed Mr. Simmons' execution.
82.
On June 7, 2002 the
Commission authorized precautionary measures in favor of Walter
Mickens. According to the petition requesting the measures, Mr.
Mickens was sentenced to death in 1993 for the capital murder of
Timothy Hall. The
petition alleged that the defense counsel assigned to Mr. Mickens'
case had a conflict of interest and, as a consequence, that Mr.
Mickens was deprived of his right to due process and to a fair trial,
contrary to Articles I, XVIII and XXVI of the American Declaration.
The petition also stated that Mr. Micken's execution was
scheduled to take place on June 12, 2002.
In its June 7, 2002 communication to the United States, the
Commission indicated that if Mr. Mickens was executed before the
Commission had an opportunity to examine the allegations in his
petition, any eventual decision would be rendered moot in respect of
the availability of potential remedies and irreparable damage would be
caused to Mr. Mickens. Accordingly,
the Commission requested that the State take precautionary measures to
stay Mr. Mickens' execution pending the Commission's investigation of
the allegations in his petition, and requested an urgent response to
its communication. In a
note dated June 12, 2002, the State informed the Commission that it
had forwarded the Commission's request for precautionary measures to
the Governor and Attorney General of the Commonwealth of Virginia.
The Commission subsequently received information that Mr.
Mickens' execution proceeded as scheduled on June 12, 2002.
83.
On June 10, 2002
the Commission authorized precautionary measures in favor of Toronto
Markkey Patterson. According
to the petition requesting the measures, Mr. Patterson was convicted
and sentenced to death in November 1995 for the June 1995 murder of
three people. The
petition also alleged that the United States was responsible for
violations of the American Declaration because Mr. Patterson was 17
years of age at the time of the crime for which he was sentenced to
death, and that Mr. Patterson's execution was scheduled to take place
on August 28, 2002. In
its June 10, 2002 communication to the United States, the Commission
indicated that if Mr. Patterson was executed before the Commission had
an opportunity to examine the allegations in his petition, any
eventual decision would be rendered moot in respect of the
availability of potential remedies and irreparable damage would be
caused to Mr. Patterson. Accordingly,
the Commission requested that the State take precautionary measures to
stay Mr. Patterson's execution pending the Commission's investigation
of the allegations in his petition, and requested an urgent response
to its communication. In
a note dated June 12, 2002 the State informed the Commission that it
had forwarded the Commission's request for precautionary measures to
the Attorney General of Texas. The
Commission subsequently received information that Mr. Patterson's
execution remained scheduled for August 28, 2002. Consequently, the
Commission reiterated its request for precautionary measures in a note
to the State dated August 26, 2002.
In a communication dated September 23, 2002 the State indicated
that on August 28, 2002, it had forwarded the Commission's August 26,
2002 note to the Governor of Texas with a request that it be
transferred to the Texas Board of Pardons and Paroles.
The Commission subsequently received information that Mr.
Patterson's execution proceeded as scheduled on August 28, 2002.
84.
On July 29, 2002
the Commission authorized precautionary measures in favor of Anthony
Green. According to
the petition requesting the measures, Mr. Green was an African
American convicted in October 1998 in Charleston County, South
Carolina of the 1987 armed robbery and murder of a Caucasian woman,
Susan Babich. The
petition alleged that the United States was responsible for violations
of Articles I, II, XVIII and XXVI of the American Declaration of the
Rights and Duties of Man in connection with the criminal proceedings
against Mr. Green, because the prosecution relied upon unadjudicated
charges during the penalty phase of Mr. Green's trial, because the
death penalty in South Carolina is imposed in a racially
discriminatory manner, and because of the length of time that Mr.
Green spent on death row. The
petition also indicated that Mr. Green's execution was scheduled to
take place on August 23, 2002. In its July 29, 2002 communication to
the United States, the Commission indicated that if Mr. Green was
executed before the Commission had an opportunity to examine his case,
any eventual decision would be rendered moot in respect of the
efficacy of potential remedies, and he would suffer irreparable
damage. Consequently, the
Commission requested that the United States take precautionary
measures to preserve Mr. Green's life pending the Commission's
investigation of the allegations in his petition, and asked for an
urgent response to its request. In a note dated August 1, 2002 the
State informed the Commission that the U.S. Mission to the OAS was
coordinating with the State of South Carolina and the Office of the
Legal Advisor in the Department of State to provide a response to the
petition as soon as possible. Subsequently
the Commission received information that Anthony Green's execution
remained scheduled to take place in the State of South Carolina on
August 23, 2002. Therefore,
in a note dated August 21, 2002 the Commission reiterated its July 29,
2002 request for precautionary measures.
The Commission subsequently received information that Mr.
Green's execution proceeded as scheduled on August 23, 2002.
85.
On July 29, 2002
the Commission authorized precautionary measures in favor of Javier
Suárez Medina. According
to the petition requesting the measures, Mr. Suárez Medina was a
Mexican national who was convicted of capital murder in the State of
Texas in May 1989 for the 1988 shooting of an undercover Dallas police
officer. The petition
alleged that the United States was responsible for violations of
Articles I, II, XVIII, XXIV, XXV, and XXVI of the American Declaration
of the Rights and Duties of Man because Mr. Suárez Medina was not
notified of his right to communicate with Mexican consular officials
and to have them notified of his detention, because the prosecution
was permitted during the penalty phase of Mr. Suárez Medina's trial
to introduce testimony concerning an unadjudicated offense that Mr.
Suárez Medina's was alleged to have committed, and because Mr.
Suárez Medina spent more than 13 years on death row and was scheduled
for execution on 14 occasions during that time.
The petition also indicated that Mr. Suárez Medina's execution
was scheduled to take place on August 14, 2002.
In its July 29, 2002 communication to the United States, the
Commission indicated that if Mr. Suárez Medina was executed before
the Commission had an opportunity to examine his case, any eventual
decision would be rendered moot in respect of the efficacy of
potential remedies, and he would suffer irreparable damage.
Consequently, the Commission requested that the United States take
precautionary measures to preserve Mr. Suárez Medina's life pending
the Commission's investigation of the allegations in his petition, and
asked for an urgent response to its request.
In a note dated August 1, 2002 the State informed the
Commission that the U.S. Mission to the OAS was coordinating with the
State of Texas and the Office of the Legal Advisor in the Department
of State to provide a response to the petition as soon as possible.
The Commission subsequently received information that Mr. Suárez
Medina's execution remained scheduled to take place on August 14,
2002. Therefore, in a
communication to the State dated August 13, 2002 the Commission
reiterated its July 29, 2002 request for precautionary measures with a
request for information on an urgent basis.
The Commission subsequently received information that Mr.
Suárez Medina's execution proceeded as scheduled on August 14, 2002.
86.
On September 19,
2002 the Commission authorized precautionary measures in favor of James
Rex Powell. According
to the petition requesting the measures, James Rex Powell was an
inmate on death row in Livingstone, Texas who was scheduled to be
executed on October 1, 2002. In 1991, he was convicted and sentenced
to death for the October 1990 rape, abduction and murder of Falyssa
Van Winkle. The petition
alleged that Mr. Powell was a victim of numerous human rights
violations, because he was sentenced to death based in part on
evidence relating to a charge on which he had been acquitted by a
Louisiana jury, because Mr. Powell's jury was not impartial, and
because Mr. Powell was deprived of his right to petition enshrined in
Article XXIV of the Declaration based upon a rule of "procedural
default" that precluded him from raising certain claims before
the U.S. courts. In its
September 19, 2002 communication to the United States, the Commission
informed the State that if Mr. Powell was executed before the
Commission had an opportunity to examine his case, any eventual
decision would be rendered moot in respect of the efficacy of
potential remedies, and he would suffer irreparable damage.
Consequently, the Commission requested that the United States take
precautionary measures to preserve Mr. Powell's life pending the
Commission's investigation of the allegations in his petition, and
asked for an urgent response to its request.
In a note dated September 20, 2002, the State informed the
Commission that the Commission's request for precautionary measures
had been forwarded to the Governor and Attorney General of Texas. The
Commission subsequently received information that Mr. Powell's
execution proceeded as scheduled on October 1, 2002.
87.
On September 26,
2002 the Commission authorized precautionary measures in favor of certain
foreign nationals detained in the United States.
According to the petition requesting the measures, the matter
pertained to an undefined number of non-U.S. nationals, most of whom
were believed to be Muslims of Arab or South Asian decent, who were
detained in the United States following the September 11, 2001
terrorist attacks and were being held by the INS for protracted
periods of time on minor immigration violations. The petition also
contended that these detainees had been granted the right to
voluntarily depart the United States or had been ordered deported by
an immigration judge but had remained detained for extended periods,
some for as long as four months, after the timeframes under U.S. law
within which the INS was required to effectuate their removal. The
Petitioners indicated that they had been unable to provide the names
of the specific detainees to which the request for measures applies,
because the United States had blocked access to and the release of
information concerning the detainees, and because the detainees who
remained in INS detention were not willing to be individually named or
to go public with their stories for fear of retaliation or the laying
of "dubious" federal criminal charges against them.
The Petitioners therefore referred to the subjects of their
request collectively as the "9/11 INS Detainees Ordered Deported
or Granted Voluntary Departure." The petition alleged that the
detainees were at risk of irreparable harm because they faced threats
of verbal and physical violence, because any detention that
arbitrarily deprives an individual of his or her liberty causes that
person irreparable harm, because the fact that the U.S. has refused to
define the legal status of the detainees had left the detainees
without means to effectively challenge the basis for their continued
detention, and because the continued detention categorized and treated
the detainees as terrorists, apparently based exclusively upon their
religion or country of origin and therefore results in ongoing harm to
their reputation and family lives. In a letter dated July 1, 2002, the
Commission requested from the United States information that it
considered pertinent to the situation referred to in the Petitioners'
request, and as to measures that have been or could be taken to
address the situation of the detainees concerned.
In a communication dated September 18, 2002, the United States
responded to the Commission's request for information, in which it
contended, inter alia, that
the Petitioners' complaint was inadmissible for failure to exhaust
domestic remedies and should therefore be dismissed, and in particular
because the information requested by the Commission was the subject of
five cases pending before the U.S. courts. In a note dated September
26, 2002, the Commission informed the United States that the
information provided by the State failed to provide the Commission
with any other insights into the specific threats of irreparable harm
potentially faced by the class of INS detainee represented by the
Petitioners, in particular information relating to the identities,
location or status of the detainees concerned, the legal basis for
their confinement, or the conditions under which they were being
detained. The Commission also noted that it was not apparent that the
individuals who remained in detention had effective access to judicial
remedies or protection, as the proceedings cited in the State's
September 18, 2002 note had either been brought by organizations that
appeared to have no access to individuals in detention, or by
individuals who may have been held in prolonged detention but had
already been deported. In light of these circumstances, the Commission
adopted precautionary measures in the same communication requesting
that the State take the urgent measures necessary to protect the
fundamental rights of the 9/11 Detainees Ordered Deported of Granted
Voluntary Departure, including their rights to person liberty and
security, to humane treatment, and to resort to the courts for the
protection of their legal rights, by allowing independent courts to
determine whether the detainees have been lawfully detained and
whether they are in need of protection.
The Commission also requested information concerning compliance
with the measures within 30 days and thereafter on a periodic basis.
In the absence of a timely response from the State, the Commission
reiterated its request for precautionary measures in a note dated
November 18, 2002. The Commission subsequently learned that the U.S.
Department of Justice had provided the media with information
indicating that most of the 900 people arrested pursuant to federal
investigations following the terrorist attacks of September 11, 2001
had been deported, released or convicted of minor crimes not related
to terrorism, and that this included 759 of 765 people arrested by the
U.S. government on immigration violations. In light of the potential
relevance of this information to the INS detainees on whose behalf the
Commission's measures were granted, in a note dated December 17, 2002
the Commission reiterated its request for information concerning the
status of the beneficiaries of the measures.
88.
On November 8, 2002
the Commission authorized precautionary measures in favor of Roberto
Moreno Ramos. According
to the petition requesting the measures, Mr. Moreno Ramos was a
Mexican national who was sentenced to death in Hidalgo County, Texas
on March 23, 1993 for the February 1992 murders of his wife and two
children. The petition
alleged, inter alia, that
the United States was responsible for violations of Mr. Moreno Ramos'
rights under Articles I, II, XV, XVIII and XXV of the American
Declaration because he was never informed of his rights to consular
notification and access as required under Article 36(1)(b) of the
Vienna Convention on Consular Relations, because Mr. Moreno Ramos'
trial attorneys were incompetent to defend a capital case, and because
the prosecution introduced evidence of an unadjudicated offense to
secure a death sentence against Mr. Moreno Ramos. The petition also indicated that a November 12, 2002 hearing
date had been established before the domestic courts to schedule Mr.
Moreno Ramos' execution. In
its November 8, 2002 note to the State, the Commission informed the
State that if Mr. Moreno Ramos was executed before the Commission had
an opportunity to examine his case, any eventual decision would be
rendered moot in respect of the efficacy of potential remedies, and he
would suffer irreparable damage.
Consequently, the Commission requested that the United States
take precautionary measures to preserve Mr. Moreno Ramos' life pending
the Commission's investigation of the allegations in his petition, and
asked for an urgent response to its request. In a note dated November 13, 2002 the State informed the
Commission that the U.S. Mission to the OAS was coordinating with the
State of Texas and the Office of the Legal Adviser in the Department
of State to provide a response as soon as possible.
The Commission subsequently received information that the
hearing to set Mr. Moreno Ramos' execution had been postponed.
89.
On November 18,
2002 the Commission authorized precautionary measures in favor of James
Willie Brown. According
to the petition requesting the measures, in July 1981 James Brown was
found guilty in the state of Georgia for the May 15, 1975 murder of
Brenda Watson. The
petition also alleged that the United States was responsible for
violating Mr. Brown's rights under Articles I, XV, XVIII and XXVI of
the American Declaration by imposing capital punishment on Mr. Brown
without providing him with a fair trial, by detaining Mr. Brown on
death row for an excessive period.
In addition the petition indicated that Mr. Brown's clemency
hearing was schedule for November 18, 2002 and his execution was
scheduled for November 19, 2002.
In its November 18, 2002 communication to the United States,
the Commission informed the State that if Mr. Brown was executed
before the Commission had an opportunity to examine his case, any
eventual decision would be rendered moot in respect of the efficacy of
potential remedies, and he would suffer irreparable damage.
Consequently, the Commission requested that the United States
take precautionary measures to preserve Mr. Brown' life pending the
Commission's investigation of the allegations in his petition, and
asked for an urgent response to its request.
In a note dated November 19, 2002 the State informed the
Commission that the U.S. Mission to the OAS was coordinating with the
State of Georgia and the Office of the Legal Advisor in the Department
of State to provide a response to the petition as soon as possible.
The Commission subsequently received information from the
Petitioners on September 6, 2002 that Mr. Brown's execution had been
stayed pending further litigation.
s.
Venezuela
90.
On January 11, 2002 the IACHR granted precautionary
measures to protect the life, person, and freedom of expression of journalists
working at the newspaper El
Nacional. The
petitioners alleged, inter alia,
that on January 7, 2002 the journalists were threatened and assaulted
by persons with ties to the government.
In its reply, the State reported that it had charged the Office
of the Attorney General of the Republic, the Minister of the Interior
and Justice, and the Ombudsman with complying with the precautionary
measures. On July 10,
2002 the Commission extended the duration of the precautionary
measures at the petitioners’ request.
91.
On January 28, 2002 the IACHR granted precautionary
measures to protect the life, person, and freedom of expression of Andrés
Mata Osorio, a journalist at the newspaper El
Universal. The
petitioners alleged that, in a climate of harassment towards the
press, Mr. Mata received death threats against himself and his family.
The State informed the Commission that it had charged the
Office to Protect Fundamental Rights of the Office of the Attorney
General of the Republic with implementing the precautionary measures.
On June 25, 2002 the precautionary measures were broadened to
include journalist Alicia La
Rotta Morán, who was physically assaulted because of her work in
journalism. On July 23, 2002, the duration of the precautionary
measures was extended.
92.
On January 30, 2002 the IACHR granted precautionary
measures on behalf of Laura
Castellanos, José Antonio Monroy, Argenis Uribe, and David Pérez
Hansen, journalists with RCTV and Globovisión. According to the
request submitted to the IACHR, workers at both media outlets were
assaulted by a group of roughly 50 persons while they were covering a
transmission for the program Aló Presidente. Reporter Laura Castellanos was attacked by two
women belonging to the Círculos
Bolivarianos while covering the August 13, 2002 parliamentary
session. They further
indicated that cameraman José Antonio Monroy received a gunshot wound
while taping the demonstrations.
The State informed the IACHR that the incidents denounced by
the petitioners were being investigated by the Attorney General’s
Office. The duration of
these precautionary measures was extended in July 2002. On November 25, 2002 the IACHR requested provisional measures
from the Inter-American Court of Human Rights for the journalists from
RCTV and continued processing precautionary measures on behalf of
Globovisión.
93.
On February 28, 2002 the IACHR granted precautionary
measures to protect the life, person, and freedom of expression of Luis
Alfonso Fernández, Julio Gregorio Rodríguez García, and other
workers and journalists at Venevisión.
According to the request received by the IACHR, the
beneficiaries were victims of verbal attacks, harassment, and
vandalism while covering the news events of February 3 and 21, 2002.
The State reported that the Ministry of the Interior and Justice, the
Attorney General of the Republic, and the Ombudsman would take the
necessary measures, within their spheres of competence, to fulfill the
precautionary measures. On
August 30, the IACHR extended the precautionary measures by six
months.
94.
On March 12, 2002, the Commission granted precautionary
measures on behalf of Ybéyise
Pacheco, Patricia Poleo, Marta Colombina, and Marianella Salazar,
journalists at the newspaper Así
es la Noticia. According
to the petition filed with the Commission, on February 1, 2002 the
newspaper’s facilities were attacked with explosives; afterwards,
journalists received threats over the telephone and in writing.
On March 27, the State reported that the Ministry of the
Interior and Justice, the Attorney General of the Republic, and the
Ombudsman would take the necessary measures, within their spheres of
competence, to fulfill the precautionary measures. It also reported on
the opening of an investigation, collection of evidence, and security
checks at the newspaper’s facilities.
95.
On April 19, 2002 the IACHR granted precautionary measures
on behalf of Yris Medina Cova,
Hilda Páez, Maritza Romero, Aura Lizcano, Alicia de González, Carmen
Alicia Mendoza, and Liliana Ortega Mendoza, members of the human
rights organization COFAVIC. According to the petition presented to the IACHR, Mrs.
Liliana Ortega, director of COFAVIC, and members of that organization
had received threats, because of their activities to defend human
rights. The State
provided police protection to the beneficiaries, but the latter
indicated that the investigations into the incidents that led to the
granting of precautionary measures had not yielded satisfactory
results. In November
2002, the petitioner informed the IACHR that the police protection
initially implemented by the State in compliance with the
precautionary measures was stopped just when Mrs. Liliana Ortega was
receiving new threats on her life.
On November 25, 2002 the IACHR requested provisional measures
from the Inter-American Court of Human Rights.
The Court granted that request on November 27, 2002.
96.
On May 28, 2002 the IACHR granted precautionary measures on
behalf of Dubraska Romero,
a journalist with the evening newspaper Tal
Cual, who received threats because of her work in journalism.
The State reported that it had charged the Minister of the
Interior and Justice with implementing police protection for the
beneficiaries. It also reported that the Attorney General’s Office
had launched an investigation into the incidents.
97.
On August 23, 2002 the IACHR granted precautionary measures
on behalf of Fernando Sánchez
Colmenares, a victim of the events of April 11, 2002 in the
vicinity of Palacio Miraflores in Caracas, and Mohamad
Merhi, a relative of another victim of those events. According to
the petition presented to the Commission, the beneficiaries were each
victims of attacks on their lives, perpetrated in a similar way, on
August 9 and 10, 2002, allegedly as a result of a case brought against
government authorities for their alleged responsibility for the events
of April 11, 2002. The State reported that the Vice Minister of Public
Safety would implement police protection on behalf of the
beneficiaries and that the Attorney General’s Office had opened an
investigation into the incidents.
98.
On September 18, 2002, the IACHR granted precautionary
measures on behalf of Carlos
Tablante, President of the Justice and Human Rights Commission of
the National Assembly of Venezuela and member of the Movement Towards
Socialism (MAS). According to the request presented to the IACHR, Mr.
Tablante has been the victim of repeated assaults and threats to his
personal safety–including two attacks in which two bodyguards were
killed–because of his activities in parliament; however the
competent authorities had not taken the essential steps to prevent
further assaults or to try the perpetrators.
The State did not present information on the adoption of the
precautionary measures.
99.
On October 15, 2002 the IACHR granted precautionary
measures on behalf of Maria
Ramona Daza, Maria Presidia de Sivira, Llibeth Mendoza, Ingri Liliana
Colmenares Mendoza, Ediarly Colmenares Mendoza, Doris Colmenares,
Maria de Colmenares, José Gregorio Colmenares, Edgar Jovanny
Colmenares, Dennys Colmenares, Mariela Mendoza Carvajal, Carlos
Gilberto Mendoza Carvajal, Leydi Rodríguez, Walter Rodriguez
Rodriguez, and Ligia de Agray, relatives of victims of the
extermination groups operating in the state of Portuguesa.
According to the request presented to the IACHR, between 1999
and 2002 over 100 persons were assassinated, allegedly by active
personnel assigned to the Police Force of Portuguesa.
The beneficiaries had become targets of these groups.
The State did not present information regarding the adoption of
the precautionary measures.
100.
On October 18, 2002, the IACHR granted precautionary
measures on behalf of Luis
Enrique Uzcátegui Jiménez, brother of Néstor José Uzcátegui
Jiménez, who was killed on January 1, 2001 allegedly by state of
Falcón police officers. According
to the request presented to the IACHR, Mr. Uzcátegui had received
death threats for having organized a committee of family members of
victims of alleged executions by members of the police.
In light of new events that aggravated the beneficiary’s
security situation and of the fact that the State did not take the
necessary measures to comply with the precautionary measures, on
November 25, 2002 the IACHR asked the Inter-American Court of Human
Rights to order the adoption of provisional measures. The Court
granted that request on November 27, 2002.
101.
On November 5, 2002 the IACHR granted precautionary
measures on behalf of José
Ángel Ocanto, editor at the newspaper El
Impulso in Barquisimeto. According to the petitioners’ request,
the beneficiary had been the victim of threats and harassment. The
State did not provide the Commission with information on
implementation of these precautionary measures.
102.
On December 4, 2002 the IACHR granted precautionary
measures on behalf of Father
Juan Manuel Fernández, secretary of the Archdiocese of Caracas
and representative of ValeTV, in a claim presented to the Commission. According to the petitioners’ request, Father Fernández
was threatened and was attacked in an incident in which a minor
received a gunshot wound. The State reported that the Office of the
Attorney General had launched an investigation into the incidents. It
also reported that the General Directorate of the Metropolitan Police
of Libertador would provide the beneficiary with police protection.
[1]
For an explanation on the situation in Ciudad Juárez, please see
the report of the Special Rapporteur for Women’s Rights in Chapter
VI of this Annual Report.
[2]
For an explanation on the situation in Ciudad Juárez, please see
the report of the Special Rapporteur for Women’s Rights in Chapter
VI of this Annual Report.
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