...continuation (Chapter III)
C. Petitions and cases before the Inter-American
Commission
on Human Rights
1.
Precautionary measures granted by the IACHR in 2004
9. The
mechanism of precautionary measures is provided for by Article 25 of
the Rules of Procedure of IACHR. This provision establishes that, in
severe and urgent cases, and whenever necessary according to
available information, the IACHR may, on its own initiative or at
the request of a party, petition that the State concerned adopt
precautionary measures to prevent irreparable harm to persons. If
the Commission is not in session, the Chair, or in his or her
absence, one of the Vice-Chairs, shall consult with the other
members, through the Secretariat, regarding the application of this
rule. If it is not possible to consult the members within
reasonable time-limits under the circumstances, the Chair shall take
the decision on behalf of the Commission and shall so inform its
members immediately. In conformity with the established procedure,
the IACHR may request information from the interested parties on any
matter related to the adoption and observance of the precautionary
measures. In any case, the granting of such measures by the IACHR
does not constitute prejudgment on the merits of the case.
10.
The
IACHR is presenting below a summary of the precautionary measures
granted in 2004 involving the member States. It should be clarified
that the number of precautionary measures that are granted does not
reflect the number of persons protected by their adoption, since
many of the precautionary measures granted by the IACHR, as can be
observed below, extend protection to more than one person and, in
certain cases, to groups of persons such as communities or
indigenous peoples.
Argentina
11.
On
August 3, 2004, the IACHR granted precautionary measures in favor of
the convicted and tried inmates committed to the Penitentiary of the
Province of Mendoza and its offices. Available information
indicates that, during the first half of 2004, there occurred 11
deaths in the facilities of the penitentiary: 5 because of a fire,
and the others as a result of assaults or brawls, because of the
lack of security and control measures by the authorities,
overcrowding, and miserable health conditions in the wards. The
incidents of violence and the conditions of confinement that
jeopardize the psycho-physical safety and life of the inmates have
not been clarified either by the judiciary or disciplinary
measures. In view of the situation of the beneficiaries, the IACHR
requested the Argentinean State to adopt the necessary measures to
prevent irreparable harm to the life and personal safety of the
penitentiary’s inmates and the ones that are deemed suitable to
guarantee access to adequate conditions of hygiene and health. On
October 14, 2004, after the violent deaths of four inmates, despite
the observance of precautionary measures, the Commission requested
the Inter-American Court to adopt provisional measures in conformity
with Article 63(2) of the American Convention. Provisional measures
were granted on November 22, 2004 (see below the section on matters
pending before the Inter-American Court).
Barbados
12.
On
September 17, 2004, the IACHR granted precautionary measures in
favor of Frederick Atkins, Michael Huggins, Lennox Boyce
and Jeffrey Joseph, in the context of petition P829-04,
which alleged violations of the alleged victims’ rights under
Articles 2, 4, 5, and 8 of the American Convention on Human Rights
in connection with mandatory death sentences that had been imposed
upon them as well as the use of hanging as a method of execution and
the alleged victims’ conditions of confinement. Available
information at the time of the petition indicated that warrants of
execution had been read to the alleged victims and that there was an
imminent risk that execution dates would be scheduled. In view of
the situation, the Commission requested that the Government of
Barbados refrain from executing the beneficiaries pending the
Commission’s investigation into the allegations in their petition,
on the basis that their executions would render any eventual
decision by the Commission ineffective and would cause the
beneficiaries irreparable harm. Further, because the information
available also indicated that Lennox Boyce and Jeffrey Joseph had
already been scheduled to be executed on September 21, 2004, the
Commission requested the Inter-American Court of Human Rights to
adopt provisional measures in favor of Mr. Boyce and Mr. Joseph in
conformity with Article 63(2) of the American Convention. In
response, the President of the Court adopted a Resolution, which was
ratified by the entire Court on November 25, 2004 (see below the
section on matters pending before the Inter-American Court).
Brazil
13.
On
December 6, 2004, the Commission granted precautionary measures in
favor of the members of the indigenous peoples of Ingaricó,
Macuxi, Wapichana, Patamona, and Taurepang in Raposa Serra do
Sol, state of Roraima. Available information indicates that the
lives, personal safety, and territorial occupation of the members of
these indigenous peoples are in imminent danger because of the
process of delimiting lands, which has been pending since 1977. It
is alleged that, on November 23, 2004, an armed group attacked the
indigenous communities with chainsaws, tractors, and fire, resulting
in one death, one missing person, and the destruction of 34 homes,
one school, and the local health clinic. In view of this situation,
the IACHR requested the Brazilian State to adopt the necessary
precautionary measures to protect the lives, physical integrity and
free circulation of the beneficiaries and to report on the actions
undertaken to investigate the facts. The Commission has continued
to receive information on the situation of the protected communities.
14.
On December 21, 2004,
the IACHR granted precautionary measures in favor of the children
confined in the State Foundation for the Well-being of Children (Fundação
Estadual do Bem-Estar do Menor—FEBEM Tatuapé). Available
information indicates that, on December 6, 2004, there was an
uprising in Unit 13 of the FEBEM in Tatuapé, which resulted in 8
injured children. It is alleged that the lives and personal safety
of the children committed to the units of FEBEM Tatuapé are in
imminent danger from the action of the officials of the detention
center and its deplorable sanitary and building conditions. The
allegations of the petitioners are substantiated by an
administrative investigation by the Office of the Attorney General
for Children and Young People of the State of São Paulo, which
points out that there is a systematic practice of violence in units
5 and 12 of FEBEM Tatuapé. In view of this situation, the IACHR
requested the Brazilian State to adopt the necessary measures to
protect the life and physical integrity of the beneficiaries and to
report on the actions undertaken to investigate the incident and put
and end to the assaults against the children and adolescents who are
confined there. The Commission continues to monitor the situation
of protected persons.
Colombia
15.
On
February 20, 2004, the IACHR granted precautionary measures in favor
of Nelly Barreto Reyes and her eight children, Rosa Solano,
Amalia Mendoza, José Abelardo Villa, and José Antonio García in
the Department of Cesar. Available information indicates that Ms.
Nelly Barreto Reyes and members of her family have been the target
of death threats by the members of the AUC in retaliation for the
report of the murder of Héctor Arturo López and Héctor López
Solano—son and husband, respectively, of Ms. Barreto. Héctor Arturo
López was allegedly murdered on January 27, 2004 in La Jagua de
Ibirico, and his father, Héctor López Solano, was allegedly murdered
in Valledupar on February 4, 2004 in front of the rest of his
children and his pregnant wife. In view of the risk for the
beneficiaries, the Commission requested the Colombian Government to
adopt the necessary measures to protect the life and personal safety
of Nelly Barreto Reyes and her eight children, Rosa Solano, Amalia
Mendoza, José Abelardo Villa, and José Antonio García and to report
on the actions adopted to investigate the incidents justifying the
adoption of the precautionary measures. The Commission continues to
monitor the situation of the beneficiaries.
16.
On
March 5, 2004, meeting in the framework of its 119th
session, the IACHR granted precautionary measures in favor of 63
children and more than 50 adults in the municipality of Bello,
Antioquia. Available information indicates that, although they are
under guardianship as a result of a decision of the criminal chamber
of the Superior Court of Medellín issued on December 1, 2003, the
beneficiaries–victims of intra-city displacement—were evicted by
force by the Municipal Government of Bello and the Police Force
under conditions that jeopardized their health and personal safety.
In view of the situation of the beneficiaries, the Commission
requested the Colombian Government to adopt the necessary measures
to guarantee adequate accommodations and the necessary conditions
for the subsistence of the 63 children and 50 adults identified and
to report on the actions adopted to clarify the abuse of force that
may have been exercised against the beneficiaries. On August 25,
2004, after receiving information provided by the parties on a
series of agreements between the State, the beneficiaries and the
petitioners, the Commission decided to lift the precautionary
measures.
17.
On
March 18, 2004, the IACHR granted precautionary measures in favor of
108 inmates in the Maximum Security Prison at Kilometer 14,
district of Palo Gordo, Municipality of Girón, Department of
Santander. Available information indicates that the members of the
different armed groups operating outside of the law and common
prisoners are forced to live together in the prison’s yards, which
has led to situations of violence against the inmates and their
relatives. In view of the situation of the beneficiaries, who are
under the custody of prison authorities, the Commission requested
the Colombian Government to adopt the necessary measures to separate
the prison population so as to prevention situations that might
jeopardize the life or personal safety of the prisoners in the
Maximum Security Prison at Kilometer 14 in the district of Palo
Gordo. The Commission continues to monitor the situation of the
beneficiaries.
18.
On
May 19, 2004, the IACHR granted precautionary measures in favor of
Álvaro Vélez Carriazo, José Luis Páez Romero, Manuel Hernández
Sibaja, Rubén Álvarez Soto, Rosario Figueroa Mendoza, members of the
Board of Directors of SINTRAUNICOL, Córdoba Subdirectorate; Jesús
Emel Amaranto Cantillo, Jesús Ballesteros Correa, Concepción Elena
Amador Ahumada, Regina Josefa Cogollo Jiménez, José Gabriel Flórez
Barrera, Manuel de Jesús Cortina Núñez, and Álvaro Antonio Sánchez
Carballo, members of the Board of Directors of ASPU, Córdoba Section,
in the Department of Córdoba. Available information indicates,
inter alia, that on November 14, 2003, the AUC sent to the
headquarters of the National Board Directors of SINTRAUNICOL a
communiqué declaring that 15 directors of the trade union are
military targets, including the Chair of the University Section of
Córdoba and the national directorate from this university. Risk
Report No. 006 of the Office of the National Human Rights Ombudsman
on February 6, 2004 confirms that the professors, workers, and
retired staff who have reported the influence exerted by self-defense
groups in the University have been declared allies of the insurgents
and therefore are liable to threats. In addition, on May 5, 2004, a
public debate was held in Congress, with support from the officers
of SINTRAUNICOL and ASPU, on crimes perpetrated by the AUC in the
Department of Córdoba, which has increased the risk for the leaders
threatened by the Commander of the AUC-ACCU, Salvatore Mancuso. In
view of the situation of the beneficiaries, the Commission requested
the Colombian State to adopt the necessary measures to protect the
life and personal safety of Álvaro Vélez Carriazo, José Luis Páez
Romero, Manuel Hernández Sibaja, Rubén Álvarez Soto, Rosario
Figueroa Mendoza, Jesús Emel Amaranto Cantillo, Jesús Ballesteros
Correa, Concepción Elena Amador Ahumada, Regina Josefa Cogollo
Jiménez, José Gabriel Flórez Barrera, Manuel de Jesús Cortina Núñez,
and Álvaro Antonio Sánchez Carballo and to report on the actions
adopted in order to clarify the threats justifying the
implementation of precautionary measures. The Commission continues
to monitor the situation of the protected persons.
19.
On
August 2, 2004, the CIDH adopted precautionary measures in favor of
Guillermo Rodríguez Moreno, John Jairo Iglesias Salazar, Carmen
Elisa Rodríguez Hernández, and Héctor Mendoza Pareja in the
Municipality of Cajamarca, Department of Tolima, area affected by
the presence of gunmen. Available information indicates that the
beneficiaries have been the victims and/or witnesses of various acts
of violence or harassment that have affected them directly or have
affected their relatives: Guillermo Rodríguez Moreno was
allegedly the target of threats and harassment after the
disappearance and death of his brother, Marco Antonio Rodríguez
Moreno, on November 6, 2003 by members of the AUC who also wore
bracelets of the Pijaos Battalion of the Sixth Brigade of the Army;
Carmen Elisa Rodríguez Hernández–daughter of the murder victim Marco
Antonio Rodríguez Moreno and niece of Guillermo Rodríguez Moreno—who
had witnessed the arrest and kidnapping of her father, was allegedly
the target of threats after she made statements at the Office of the
Governor of Tolima, the Office of the Attorney General, and other
state bodies; John Jairo Iglesias Salazar was allegedly arrested in
his home and taken by armed men bearing identification of both the
Army and the AUC, on November 2, 2003, and later released after
which he was the target of harassment for having made a statement
about his kidnapping and torture; Héctor Mendoza Pareja is the
father of Albeiro Mendoza Reyes and Norberto Mendoza Reyes and
grandfather of Christian Mendoza Urueña, six months of age, all
fatal victims of the events that took place on April 10, 2004 in the
District of Anaime (Corregimiento de Anaime), which involved members
of the Sixth Brigade of the Army. In view of the situation of the
beneficiaries, the Commission requested the Colombian Government to
adopt the necessary measures to guarantee the life and physical
integrity of Guillermo Rodríguez Moreno, John Jairo Iglesias
Salazar, Carmen Elisa Rodríguez Hernández, and Héctor Mendoza Pareja
and their respective families and to report on the actions adopted
in order to clarify by judiciary and/or disciplinary action the
incidents justifying the adoption of precautionary measures. The
Commission continues to monitor the situation of the beneficiaries.
20.
On
August 6, 2004, the IACHR issued precautionary measures in favor of
Esperanza Delgado Motoa, President of the Cali Subdirectorate
of ASONAL Judicial, and her family. Available information indicates
that the beneficiaries have been the targets of death threats and
harassment because of the trade union work of Dr. Delgado Motoa. In
view of the situation of the beneficiaries, the Commission requested
the Colombia State to adopt the necessary measures to guarantee the
life and physical integrity of Esperanza Delgado Motoa and her
family and to report on the actions adopted to overcome the
circumstances justifying the adoption of the precautionary measures.
21.
On
August 17, 2004, the IACHR granted precautionary measures to
35 families living in the districts of
La
Reliquia, La Nohora, Ciudad Porfía, Antonio Pinilla, El Rodeo and
Playa Rica of the city of Villavicencio,
who have been victims of murder, disappearance, stigmatization, and
threats after their displacement from the municipality of Castillo
in the region of Ariari. Available information indicates that the
displaced persons are scattered in a series of districts living in
misery and/or marginal conditions and under the control of the same
paramilitary-type structures that led to their displacement from the
municipality of Castillo, on the border of the former zone of
détente. In view of the situation of the beneficiaries, the
Commission requested the Colombian Government to adopt the necessary
measures to guarantee the life and physical integrity of the 35
families displaced from Ariaria who are now living in the districts
of La Reliquia, La Nohora, Ciudad Porfía, Antonio Pinilla, El Rodeo,
and Playa Rica of the city of Villavicencio, with the intervention
of the Office of the Human Rights Ombudsman and the Office of the
Attorney General; to provide the beneficiaries who have the status
of internally displaced persons with the humanitarian assistance
required, in the light of the Governing Principles of Internal
Displacements and domestic law; and to report on the actions adopted
to judicially clarify the incidents that justify the adoption of
precautionary measures. The Commission continues to monitor the
situation of the protected families.
22.
On
September 23, 2004, the IACHR granted precautionary measures in
favor of Mariana Epinayú, Carmen Cuadrado Fincé, Débora Barros, and
Karmen Ramírez, women leaders of the Wayúu indigenous people
in the Department of La Guajira. Available information indicates
that during the past three years, the Wayúu indigenous community has
sustained acts of violence by paramilitary groups led by “Jorge 40,”
with the collaboration or acquiescence of State agents. The
petitioners claim that some of the so-called “leaders” (spokeswomen
for Wayúu families with national and international entities) have
been the target of threats against their life and personal safety as
a result of their reports. Among them are Mariana Epinayú, Carmen
Cuadrado Fince, Débora Barros Fince, and Karmen Ramírez Boscán,
leaders and relatives of indigenous men who were murdered or missing
as a result of a massacre perpetrated on April 18, 2004, who have
been the target of threats and harassment. In view of the situation
of the beneficiaries, the Commission requested the Colombian
Government to adopt the necessary measures to guarantee the life and
physical integrity of Mariana Epinayú, Carmen Cuadrado Fincé, Débora
Barros, and Karmen Ramírez; and to report on the actions adopted to
put an end to the situation justifying the adoption of precautionary
measures, including judicial proceedings that might be relevant. On
November 16, 2004, the IACHR extended the precautionary measures to
include Roland Fince Uriana, Ana Julia Fince Uriana, Telemina Barros
Cuadrado, José Miguel Barros Fince, and Katty Fince Uriana. The
Commission continues to monitor the situation of the protected
persons.
23.
On
October 14, 2004, the IACHR granted precautionary measures in favor
of Holmes Enrique Fernández, Jorge Salazar, and other members of
the Cauca Association of Displaced Persons of Naya (Asociación
Caucana de Desplazados del Naya--ASOCAIDENA), which, since
December 2003, brought together 70 families of displaced persons of
African descent, indigenous people, and colonizers who survived the
massacre perpetrated on April 12, 2001 in Alto Naya. Available
information indicates that the members of ASOCADEINA–now relocated
in La Laguna, Timbío, Department of Cauca—have been the target of
threats against their life and personal safety by members of
paramilitary groups operating in the zone and that, on September 30,
2004, Holmes Enrique Fernández and Jorge Salazar were the targets of
an ultimatum by paramilitary groups, indicating that the time had
come to settle scores with the leaders of the association for their
activity in the zone. In view of the situation of the beneficiaries,
the Commission requested the Colombian Government to adopt the
measures necessary to guarantee the lives and physical integrity of
Holmes Enrique Fernández, Jorge Salazar, and other members of
ASOCAIDENA and to report on the actions adopted for the purpose of
putting an end to the incidents justifying the adoption of
precautionary measures. The Commission continues to monitor the
situation of the protected persons.
24.
On
October 22, 2004, the IACHR adopted precautionary measures in favor
of Mery Naranjo Jiménez and her family and Socorro Mosquera
Londoño, members of the Community Action Board (Junta de Acción
Comunal) of the Independencias III district of Commune 13 of the
city of Medellín. Available information indicates that on October
7, 2004, Ms. Mery Naranjo witnessed the murder of Ana Teresa Yarce,
prosecutor of the same Community Action Board to which she belongs,
after which she had to leave her home for security reasons. A few
days later, unknown persons approached her daughter to intimidate
her. In view of the situation of the beneficiaries and the context
of violence and intimidation against the social leaders of Commune
13 of Medellín by paramilitary groups, the Commission requested the
Colombian Government to adopt the measures necessary to guarantee
the lives and physical integrity of Mery Naranjo Jiménez, Alba Mery
Naranjo, Sandra Janneth Naranjo, Alejandro Naranjo, Juan David
Naranjo, and Socorro Mosquera Londoño and to report on the actions
adopted to clarify and put an end to the threats justifying the
adoption of the precautionary measures. The Commission continues to
monitor the situation of the protected persons.
25.
On
October 29, 2004, the Commission granted precautionary measures in
favor of Francisco Eladio Ramírez Cuellar, Chairman of
SINTRAMINERCOL and a prominent attorney known for his investigative
work and defense of the rights of workers and indigenous communities,
campesinos, and Afro-Colombians. Available information indicates
that the offices of SINTRAMINERCOL were the target of a series of
assaults and harassment. On October 10, 2004, Mr. Ramírez was the
victim of an armed assault at the corner of Calle 49 and Carrera 15
in the city of Bogotá, which he survived unharmed by shielding
himself behind electricity and telephone poles and preventing the
assassin from hitting him. In view of the situation of the
beneficiary and the context of violence against trade union workers
and human rights defenders by paramilitary groups, the Commission
requested the Colombian Government to adopt the necessary measures
to guarantee the life and physical integrity of Francisco Eladio
Ramírez Cuellar and to report on the actions adopted to clarify
judicially the incidents justifying the adoption of precautionary
measures. The commission continues to monitor the situation of the
beneficiary.
