RESOLUTION N° 3/07
The Inter-American Commission on Human Rights,
Commissioner Freddy Gutiérrez Trejo has made numerous public statements regarding the functions and mandates of the Commission in matters and pending cases concerning his country of nationality; has repeatedly abused his position as Rapporteur in order to attack the institutional integrity and impartiality of the IACHR and its members; and has made false statements regarding matters and pending cases before the Commission.
The exercise of the functions that allow a Rapporteur to act in representation of the IACHR and to make commitments with respect to certain matters originates in the mandate given to the Commissioner by the plenary of the Commission, and is based on the confidence that such functions will be carried out in a proper manner, according to the mission and institutional role of the IACHR.
Given these serious circumstances, the other Members of the Commission have lost the trust that we vested in him for the purpose of carrying out his functions as Rapporteur.
This does not affect the compliance with the competence and duties that correspond to Commissioner Freddy Gutiérrez Trejo as a Member of the Commission.
In light of the serious circumstances indicated, and after having heard Commissioner Freddy Gutiérrez Trejo,
The Inter-American Commission on Human Rights
1. To replace Commissioner Freddy Gutiérrez Trejo in the functions and responsibilities that were assigned to him as a Rapporteur in accordance with Article 15.1 of the Rules of Procedure, and,
2. To designate, on an interim basis, the President as Rapporteur on Migrant Workers, and Commissioners Víctor Abramovich, Paulo Sérgio Pinheiro and Paolo Carozza as Rapporteurs for El Salvador, Panama and Uruguay, respectively.
Commissioner Paulo Sérgio Pinheiro was not present during the discussion and subsequently sent a communication expressing that he agrees with the resolution and joins the vote of the majority of the Commission.
Commissioner Freddy Gutiérrez Trejo expressed that he will present his separate vote.
Washington, DC July 17th of 2007