4.          It should be pointed out that during the period covered by this Annual Report, the Commission held its 95th regular session, its 96th special session and its 97th regular session.  During these sessions it received a number of allegations on presumed violations of human rights protected in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights.  It opened 147 individual cases between January 20, 1997 and January 20, 1998, for a total of 976 individual cases now under consideration.  Another point worth noting is that during the course of its 98th regular session, the Commission held 40 hearings pertaining to individual cases it is considering.

 

          5.          With respect to publicizing the reports declared admissible or inadmissible, the Commission believes this practice rests on both the spirit and the letter of American Convention on Human Rights.  Admissibility of a complaint can be defined as the statement the Commission makes indicating that a petition or a letter sent to it meets the requirements for consideration.  The declaration of admissibility or inadmissibility of a petition is the first step in the Commission's processing and therefore, it creates an important piece of jurisprudence in essential matters such as the exhaustion of domestic legal remedies, duplication of the case in international proceedings and others.  The publication of these reports has the essential purpose of establishing clear and objective criteria for the processing of individual petitions both for the states and for the representatives of the victims of human rights violations.

 

          6.          Both the American Convention and the Regulations of the Commission are silent on the matter of confidentiality of reports on admissibility or inadmissibility.  The American Convention only states expressly that the reports approved in accordance with Article 50 should be transmitted to the state which is not authorized to publicize the report.  This is the only case in which the Convention states that the Commission's reports are confidential.  In this context, the practice of the Commission has always been to publish its decisions no matter whether these are declared admissible or inadmissible.[3]  The Commission's decision to publish its admissibility reports is also supported by the practice of other regional agencies responsible for watching over and protecting human rights.  In effect, the European Human Rights Commission publishes its reports on admissibility on the basis of Article 17.(2) of its Regulations.  The African Commission, for its part, includes its decision on admissibility in its final report on the case and publishes it in the report.  Its decisions on inadmissibility are published and included in its Annual Report. 

 

 

            II.        PETITIONS AND CASES BEFORE THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

            A.        Precautionary measures granted or extended by the Commission in 1997[4]

 

            Argentina

 

          On March 11, 1997, the IACHR requested precautionary measures consisting of postponement of the judicial execution of the assets of Mr. Jose Maria Cantos while the friendly settlement procedure was underway between the petitioner and the Argentine state.  The aforementioned execution stemmed from the costs judgment that followed ten years of processing the case in the Supreme Court of Justice.  This case had been filed by Mr. Cantos to secure restitution and indemnity for economic losses and duress that state and provincial officials had caused him when they stripped him, starting in 1972, of a large number of commercial documents.  In view of these facts, the Commission has been processing the matter as Case 11.636.

 

            Canada

 

          On January 18, 1998, the Commission requested precautionary measures under Article 29.2 of its Regulations in Case 11661 against the State of Canada in behalf of Mr. Manickavasgam Suresh.  The complaint was that Mr. Suresh would be deported from Canada to Sri Lanka on January 19, 1998.  Another complaint was that even though in 1991, Mr. Suresh had been declared a refugee by the Office of the Director of Refugees of Canada under the terms of the Convention, he was to be deported on the order of the Minister of Immigration under the terms of Articles 19(1(e) and 53(1) of the Immigration Law of Canada.  The Commission requested the State of Canada "to suspend the deportation proceedings pending against Mr. Suresh of Canada until the Commission can investigate the charges set out in the petition."

 

          On February 6, 1998, the Commission was informed by Canada, "a) a Canadian court ordered suspension of the deportation against Mr. Suresh until ten days after another Canadian court handed down its opinion on the ruling of the Minister of Immigration that he constitutes a danger for the security of Canada," and "b) as suggested by the Special Rapporteur on Torture of the Human Rights Commission, Canada obtained assurances from the authorities of Sri Lanka that Mr. Suresh would not be subjected to torture or any other cruel, inhuman or degrading treatment."

 

            Colombia

 

          On April 24, 1997, the Commission requested that precautionary measures be taken in behalf of Mr. Sergio Jaramillo Pulgarin, cofounder and former secretary of the Consorcio Porce II Workers Union in Amalfi, Antioquia, and his family.  The reason was that on March 20, 1997, heavily armed men in uniforms stopped and attacked the company car carrying the consortium staff, one of whom was Mr. Alberto Jaramillo, the union president.  After checking a list that they carried, the uniformed men identified Mr. Alberto Jaramillo and told him to get out.  Mr. Jaramillo was later assassinated.  After that incident, groups of armed men in uniform have appeared several times at the domicile of Mr. Sergio Jaramillo asking for him.

 

          On May 8, 1997, the Commission requested the adoption of precautionary measures in behalf of clergymen Jesus Martinez, Bernardo Villegas and Diego Fernando Garcia, as well as Dr. Jose Navarro Patron and Mr. Juan Carlos Munoz, in view of the following facts:  On March 28, 1997, more than 200 paramilitary personnel entered the Tiquisio Nuevo district.  The group sacked the town.  The men then went into the parish house and violently seized the local pastor, Fr. Bernardo Villegas, and a Franciscan student, Diego Fernando Garcia.  The attackers asked for Fr. Jesus Martinez Mora as well.  After threatening them, they told them that they had to leave the region within one week.  The same group later captured the town doctor and threatened to kill him.  They also attacked a young shipper.  The Commission repeated its request for information on the measures adopted on July 1, 1997.  In view of these facts, the Commission took up the matter as Case 11750.

 

          On July 7, 1997, the Commission requested the adoption of precautionary measures in behalf of Fr. Ezio Roattino Bernardi, the pastor of Caldon, in Cauca who conducted the funeral rites for three persons who were killed in a local battle between guerrilla forces and the army.  One of these persons was a guerrilla fighter.  After this, the Lieutenant Colonel of the Cauca police force sent a letter to the Archbishop of Popayan accusing Fr. Ezio Roattino Bernardi of collaborating with the guerrilla fighters.  After this incident, another clergyman who worked with Fr. Ezio was kidnapped; when he was released, he was told to give a message to Fr. Ezio warning him to leave the area.  In view of these facts, the Commission has taken up the matter as Case 11744.

 

          On July 7, 1997, the Commission requested the adoption of precautionary measures in behalf of Nestor Alonso Lopez and Carlos Salgado, two newspapermen who published an article charging a group known as CONVIVIR with committing certain abuses in Medellin.  Three days after a second article on this same subject was published, a bomb destroyed the offices of the CONVIVIR group in Medellin.  Since that time, Lopez and Salgado have been receiving telephone threats blaming them for having caused the bombing.  Consequently, these journalists have been forced to stay in hiding.

 

          On July 31, 1997, the Commission requested the Government of Colombia to take precautionary measures in behalf of Luz Amanda Reyes Chacon, a representative of Teorama, in the Department of Norte de Santander, for the following reasons:  On July 16, 1997, Dr. Reyes was in Ocana participating in a radio program with other representatives of the area.  Shortly after Luz Amanda Reyes Chacon left the city, a phone call came into the radio station telling the people there to go pick up the body of Reyes Chacon who had been murdered.  Because of the threatening content of the call, the Office of the Attorney General of the Nation ordered the commander of the battalion located in Ocana that day to provide protection for the representative on the way back to Teorama.  The commander refused to give the protection.

 

          On November 21, 1997, the Commission requested that precautionary measures be taken in behalf of Mr. Domingo Rafael Tovar Arrieta, a member of the Executive Committee of the Unified Workers Central (CUT).  Mr. Tovar had received death threats as reprisal for the work he was performing as trade union leader.  On June 14, 1994, when he was at the transport terminal in the city of Bogota, Mr. Tovar was violently thrown into a car carrying four individuals, presumably from intelligence and security agencies of the Colombian state.  Later on, Mr. Tovar was set free.  In August 1995, Mr. Tovar received an anonymous death threat and in May, 1997, he was the target of an attack.  When Mr. Tovar returned from a trip abroad in late September 1997, the threats against him began once again.  These measures were filed in January 1998.

 

          On December 17, 1997, the Commission requested that precautionary measures be taken in behalf of the members of a community that had been displaced by violence in the locale of Turbo.  Several of them were murdered in 1997.  Among them were persons who had taken refuge in the municipal sports stadium and others in shelters specially built for that purpose.  On December 11, two armed persons identified as paramilitary men went into the Turbo sports stadium looking for a member of the community.  On December 14, another paramilitary person was seen inspecting the "Unidos Retornaremos" shelter.

 

          On December 17, 1997, the Commission requested the adoption of precautionary measures in behalf of the members of a peace community in San Jose de Apartado, since 43 of the members had been murdered since all of them had declared their neutrality in March of 1997.  On December 12, 1997, at some short distance from the military base that Brigade XVII has on the road that leads from the municipal district of Apartado to the village of San Jose de Apartado, two of the community members, Dario Georgia and Dayla Patricia Zuniga, turned up missing.  There has been no news of them since that date.

 

          On December 17, 1997, the Commission requested the adoption of precautionary measures in behalf of Mrs. Gloria Isabel Cuartas Montoya, the mayor of Apartado, and her family.  Mrs. Cuartas had been the target of threats and harassment in reprisal for charges that she, as mayor, had made during her term of office against the activities of the guerrilla force and the paramilitary groups that supported the army.  Since her term of office has come to an end, the danger to her life and personal integrity has grown worse.

 

          On December 17, 1997, the Commission requested that precautionary measures be taken in behalf of Jose Alirio Arcila Vasquez and his family.  Mr. Arcila, now held at the Itagui maximum security jail, has been the target of threats in reprisal for having given information to the authorities on presumed connections between officials of the Colombian armed forces and the paramilitary groups.

 

          On January 7, 1998, the Commission requested the adoption of precautionary measures in behalf of Maximiliano Campo and 11 other persons.  These persons are leaders of the Paez indigenous community whose lands are located in Caloto and other parts of northern Cauca.  A paramilitary group was seen in the area and was even mentioned in the official police report.  On December 28 and 29, 1997, in one of the areas mentioned in the police report, six persons were murdered, presumably by paramilitary force members.  These measures are related to the Caloto case listed as No. 11101.

 

          On January 27, 1998, the Commission requested the adoption of precautionary measures in behalf of Mario Humberto Calixto Montanez, his family and the other members of the Regional Human Rights Committee of Sabana de Torres.  Mr. Calixto has been the target of harassment and acts of violence by paramilitary groups in reprisal for his work as defender of human rights.  This harassment increased in recent months and on December 23, 1997, two armed men entered Mr. Calixto's house and tried to kidnap him.

 

          On June 18, 1996, the Commission requested the adoption of precautionary measures in behalf of members and leaders of the Zenu indigenous community of San Andres de Sotavento, in the locale of Cordoba, and particularly for Mr. Rosember Clemente Teheran and 11 other indigenous persons.  In early 1994, the members of that indigenous community became the targets of violent attacks as a result of their struggles to obtain lands which they believed belonged to them.  In May and June 1996, several leaders and members of the community were killed and their leaders were threatened.  In October and November of 1997, an indigenous leader was missing and two others were murdered.  In connection with these events, the Commission opened a case as No.11858 and repeated its request for precautionary measures in behalf of the community on January 7, 1998.

 

          On February 20, 1996, the Commission requested the adoption of precautionary measures in behalf of Rafael Lozano Garsa, Gerson Edecio Leal Granados, Blanca Ines Rodriguez, Jose Merchan Basto, Alvaro Fernando Sanjuan Quintero, Jairo Ordonez, Rosa Elpidia Alzate Corredor, Juan Jose Landinez, Israel Vargas and Jairo Ordonez, members of the Political Prisoners Solidarity Committee (CSPP), Cucuta division.  The facts behind the request start with a series of death threats from members of local paramilitary groups to these people that began in 1994.  The groups promised that they would execute "the lawyers who worked for the guerrilla force."  On January 29, 1998, the Commission communicated to the petitioners and to the government that it had decided to file such precautionary measures.

 

          On September 28, 1994, the Commission requested the adoption of precautionary measures in behalf of Dr. Hernando Valencia Villa, the Delegated Attorney General for Human Rights of Colombia, who was accused by a member of Congress in September 1994 of supporting the guerrilla forces.  Given the context of the domestic situation of Colombia, he was putting his life and personal integrity in danger.  On January 29, 1998, the Commission communicated to the petitioners and to the government its decision to file the precautionary measures requested.

 

            El Salvador

 

          On June 20, 1997, the Commission requested the Government of El Salvador to adopt precautionary measures to safeguard the life, liberty and personal integrity of Mauricio Garcia Prieto Hillerman, Gloria Giralt de Garcia Prieto and Carmen de Garcia Prieto, as well as the attorneys and witnesses associated with the investigation and trial of those guilty of the death of Ramon Mauricio Garcia Prieto Giralt.

 

          On September 4, 1997, the government reported that it had given instructions to the Director General of the National Civil Police Force to protect the life and personal integrity of Mauricio Garcia Prieto Hillerman, Gloria Giralt de Garcia Prieto and Carmen de Garcia Prieto, to start or continue the investigation of the acts of intimidation against the Garcia Prieto family and to review the out-of-court steps that the National Civil Police Force took to gather information concerning the death of Ramon Mauricio Garcia Prieto Giralt.

 

          In response to a new request from the Commission, on September 26, 1997, the Government of El Salvador reported that it was continuing the investigations aimed at clarifying the facts.  On January 12, 1998, the Government sent information about a meeting that had been held with the participation of the Director of the National Police Force and other public officers, a representative of the Office of the Attorney for the Defense of Human Rights, another person from the Institute of Human Rights of the Jose Simeon Canas Central American University, and Mauricio Garcia Prieto Hillerman, Gloria Giralt de Garcia Prieto and Carmen de Garcia Prieto.  During this meeting, a number of options were discussed relating to implementing a security plan designed to protect the lives and integrity of these persons and the witnesses in connection with the murder of Ramon Mauricio Giralt and the acts of intimidation suffered by Mauricio Garcia Prieto Hillerman, Gloria Giralt de Garcia Prieto and Carmen de Garcia Prieto.

 

            United States

 

          On October 15, 1997, the Commission requested precautionary measures under Article 29.2 of the Regulations in connection with Case No.11817, against the United States of America, in behalf of Mr. Alan J. Bannister.  The complaint was that Mr. Bannister had been tried and sentenced to death for murder on October 10, 1983, and that he was to be executed by the state of Missouri on October 22, 1997.  The Commission requested the United States to stay the execution of Mr. Alan Jeffrey Bannister "until an investigation could be conducted of the allegations raised in the case regarding violation of the fundamental rights of Mr. Banister in accordance with the American Declaration of the Rights and Duties of Man."  On October 16, 1997, the United States reported to the Commission that after it received the request for precautionary measures, it had forwarded the request to the Office of the Attorney General of the State of Missouri.  The United States also informed that it would remit to the Commission all the information that it received from the Attorney General of Missouri.  On October 23, 1997, the United States reported to the Commission that it had learned that the state of Missouri had executed Mr. Banister.  On that same day, the petitioner also reported to the Commission that Mr. Bannister had been executed by lethal injection on October 23, 1997.

 

            Guatemala

 

          On February 3, 1997, the State of Guatemala forwarded current information on the precautionary measures taken to protect the life and physical integrity of Brenda Mayol, her children, Oscar Rene, Igor Alfonso and Rembrandt Carlos Trujillo Mayol, and Vidal Dias, Rene Dias, Rosa Zinico and Thelma Lopez, associated with the organization known as IXCHEL Sociedad Civil de Guatemala.  The measures were requested on July 30, 1996, following a series of death threats and attacks against members of the organization.  The government reported that the authorities had met with representatives of the affected parties in November 1996 and that, in view of reports from the latter, it had taken measures so that they could seek the protection of the local police when they considered it necessary.

 

          On February 25, 1997, the State of Guatemala forwarded current information with respect to the precautionary measures requested to protect the life and physical integrity of Rosario Hernandez Grave, Manuel Hernandez Ajbac, Manuel Mendoza Jolomox, Jesus Chaperon Marroquin, Gustavo Vasquez Peralta and Rogelio Cansi.  These persons are all witnesses, complainants and attorneys participating in the legal proceedings associated with the murder of Martin Pelico Coxic, who had become the targets of threats as a result of their efforts.  The state reported that on February 12, 1996, it had ordered the local authorities of El Quiche to supervise the police protection measures for those persons.

 

          On April 30, 1997, the Commission presented new information to the State of Guatemala in connection with the precautionary measures that had been requested for the first time on July 25, 1994, following threats and attacks perpetrated against a number of judges, including Judge Maria Eugenia Villasenor, and which remain in effect for her and her family.  According to the petitioners, these serious threats that have been directed toward the judge have been repeated from time to time as of February 1997.  The Villasenor family has been protected by police security measures for more than two years.  Both parties continue reporting to the Commission on the status of the measures.

 

          On June 16 and November 24, 1997, the Commission presented new information to the State of Guatemala regarding the precautionary measures taken in behalf of Amilcar Mendez and others.  Measures to protect the life and physical integrity of the affected individuals were requested for the first time by the Commission on March 19, 1996, in response to charges regarding death threats and attacks.  Periodic charges of serious threats and attacks against deputy Mendez and his family have required that these measures be kept in force.  Both parties continue reporting to the Commission on the status of the measures requested and the state indicated (in its most recent communication of December 29, 1997) that the charges are being investigated.

 

          On October 2, 1997, the Commission requested the State of Guatemala to adopt precautionary measures to protect the life and physical integrity of Andres Raz, Luis Rax Paau, Isidro Poou and other workers at the Nebachaj Farm, who are included in Case 11742.  These workers were the targets of death threats and attacks with machetes, shovels and rocks in connection with a dispute and a legal case involving labor and land issues.  The government responded in a letter dated October 16, 1997 in which it stated the situation of certain actions regarding the basic issue of the petition and noted that several investigations had been started with respect to these charges of violent incidents.

 

          On November 18, 1997, the Commission requested the State of Guatemala to take precautionary measures to stay the execution of Manuel Martinez Coronado, the subject of Case 11834, initiated on the basis of charges regarding violations of due process in the trial that led to the death sentence for Mr. Martinez.  On November 20, 1997, the government responded and stated that its court system did not provide for the application of precautionary measures to stay the execution.  The Commission repeated its request in a letter dated November 24, 1997.  On November 26, 1997, the government reported to the Commission that it had taken up another appeal and on February 5, 1998, it reported to the Commission that the domestic remedies had been exhausted and that the execution had been ordered for February 10, 1998.

 

          On January 27, 1998, the Commission requested the State of Guatemala to take precautionary measures to protect the life and physical integrity of Pablo Tiguila Mendoza, Pedro Tiguila Hernandez and Manuela Tiguila Hernandez who had been the targets of threats and harassment in connection with their work at Runujel Junam Ethnic Communities Council (CERJ) and their actions in the field of human rights.  Another close family member was murdered, it appears, by a member of the civil patrols in 1996 as a result of his work with CERJ.  The measures were requested for a term of four months, at the end of which the Commission would decide on whether to extend them.

 

            Jamaica

 

          On November 20, 1997, the Commission asked for precautionary measures pursuant to Article 29.2 of its Regulations in Case 11825 against the State of Jamaica, in behalf of Mr. Neville Lewis, who was facing execution by the state.  The charge was that Mr. Lewis had been tried for murder and sentenced to death on October 14, 1994.  The Commission requested the State of Jamaica "to stay the imminent execution of Mr. Neville Lewis so that it could investigate thoroughly the charges made in connection with the case and the presumed violation of the fundamental human rights of Mr. Lewis, as embodied in the American Convention on Human Rights."  The Commission has not received any response to its request for precautionary measures.

 

          On November 20, 1997, the Commission requested precautionary measures pursuant to Article 29.2 of its Regulations in Case 11826 against the State of Jamaica in behalf of Mr. Leroy Lamey, who faced imminent execution by the State.  Mr. Lamey had been tried for two murders and sentenced to death in September and October, 1993, respectively.  The Commission requested the State of Jamaica "to stay the imminent execution of Mr. Leroy Lamey so that it could conduct a thorough investigation of the charges raised in this case in connection with the presumed violation of the basic rights of Mr. Lamey, as embodied in the American Convention on Human Rights."  The Commission has not received any response to its request for precautionary measures.

 

          On November 19, 1997, the Commission requested precautionary measures pursuant to Article 29.2 of its Regulations against the State of Jamaica in behalf of Mr. Peter Blaine.  Mr. Blaine had been tried and sentenced to death for murder on October 14, 1994.  The Commission requested the State of Jamaica "to stay the imminent execution of Mr. Blaine until it could conduct a thorough investigation of the charges raised in this case in connection with the presumed violation of fundamental rights of Mr. Blaine, as embodied in the American Convention on Human Rights."  The Commission has not received any response to its request for precautionary measures.

 

            Mexico

 

          On August 15, 1997, the Commission requested the State of Mexico to adopt precautionary measures in behalf of Manuel Manriquez San Agustin, whose case is pending consideration by the Commission as Case No.11509.  Mr. Manriquez is under arrest and the precautionary measures requested relate to the treatment that his defending attorney has received.  In a hearing dated October 6, 1997, the government reported that it had taken up the matter.  As of this date, no additional information has been received in this connection from the government.

 

          On September 11, 1997, the Commission requested the State of Mexico to adopt precautionary measures in behalf of Mrs. Maria Estela Garcia Ramirez and her family.  The charge is that the spouse of Mrs. Garcia Ramirez was murdered by persons presumed to be police agents who physically assaulted, harassed and threatened Mrs. Garcia and her family members so that she would not continue pressing her charges in this case.  The measures requested relate to protecting the life and physical integrity of Mrs. Garcia Ramirez and her family.  On September 26, 1997, the government reported that the death of the husband of Mrs. Garcia Ramirez had apparently been the result of a confrontation between police agents and other persons and that the case was being investigated.  As of this date, no additional information has been received from the government.

 

          On October 17, 1997, the Commission requested the State of Mexico to adopt precautionary measures in behalf of Jose Alberto Guadarrama Garcia and his family members.  The case involving this person before the Commission is No.11807.  Mr. Guadarrama is now presumed to have disappeared and his family members have been the targets of death threats.  The precautionary measures requested relate to locating Mr. Guadarrama and protecting the life and physical integrity of his family members.  As of November 25, 1997, the government reported that it was currently examining the request for precautionary measures.  As of this date, no additional information in this connection has been received from the government.

 

          The Commission requested, on December 24, 1997, the State of Mexico to adopt precautionary measures in connection with a massacre on December 22, 1997, the date on which members of paramilitary groups killed 45 persons, including women and children, who were moving from one location to another.  The measures requested relate to protecting the life, physical integrity and health of the survivors, with conducting a serious and immediate investigation into the facts, with punishment of the persons responsible and with measures to prevent any repartition of similar events in the area.  On January 31, 1997, the government reported on the measures taken.

 

            Nicaragua

 

          In connection with Case 11577 relating to the Awas Tingni Indigenous Community, the Inter-American Commission on Human Rights requested the State of Nicaragua, on October 30, 1997, to adopt precautionary measures for the purpose of suspending the concession given by the government to the SOLCARSA Company to carry out forestry work on the lands of the Awas Tingni Indigenous Community.

 

            Panama

 

          On August 18, 1997, the Commission started processing Case 11791 involving the presumed violation of the freedom of press caused by a threat from the Government of Panama to expel the Peruvian journalist, Gustavo Gorriti Ellenbogen, the Associate Director of the La Prensa newspaper of Panama.  With this charge, the Commission requested the State of Panama to adopt urgently the precautionary measures that would suspend his imminent expulsion and enable him to continue exercising his profession as a journalist.  For the purpose of dealing with the precautionary measures requested, representatives of the State of Panama and of the petitioner were called to attend a hearing that took place during the 97th regular session.

 

          With the involvement of the Commission during the hearing held on October 15, 1997, a friendly settlement of this dispute was reached.  The representatives of Panama reported that on October 14, Mr. Gustavo Gorriti's work permit had been renewed thereby enabling him to continue working as a journalist, and the immigration authorities had been ordered to suspend all deportation proceedings.  Also reported was that the Executive Branch of Government had observed that the text of Panamanian law on journalism as it relates to the hiring of foreigners to exercise journalistic work at the director's level contained rules that were in contradiction with the very constitution of Panama.  As a result, the executive branch was to make the necessary efforts to amend the rules.  It was also found that in a process of promoting discussion and national consensus, to bring about the necessary legislative changes and for that purpose, it would keep the Commission informed on the process of legislative reform.  The petitioners expressed their appreciation to the State of Panama and congratulated the delegation for the decisions taken.  These decisions resulted in generally acceptable terms to solve this case.  They also stated that the mediation of the Commission had been decisive for the favorable resolution of the case.  They stated their wish that on the basis of earlier considerations, the case be considered resolved by means of friendly settlement and that the Commission should proceed to draft its report and that it should continue with its work of mediation and observation until the proposal of the Panamanian government was carried out in full.

 

            Paraguay

 

          On August 14, 1997, without opening a specific case, the Commission requested the State of Paraguay to provide information on the request of precautionary measures to protect the life of attorneys Nelson Garcia Ramirez and Raul Marin, and Judge Carlos Ortiz Barrios in the case of Napoleon Ortigoza, which was pending consideration by the Commission as Case No.1843.  These persons have been the targets of threats.  The Commission gave 21 days to respond.  To this time, there has been no response from the government.

 

            Peru

 

          On November 27, 1996, without opening a specific case, the Commission requested the State of Peru to adopt precautionary measures to protect the life of Mrs. Ana Maria Lopez, whose case is before the Commission as No.11698.  Mrs. Lopez was dying of cancer in jail.  On December 6, 1996, without mentioning the request to take precautionary measures, the government confined itself to reporting the details of her medical condition.  On January 14, 1997, the case was opened.  On August 8, 1997, the Government of Peru reported that Mrs. Lopez had been pardoned on August 6, 1997.

 

          On April 25, 1997, the Commission requested the State of Peru to take precautionary measures to protect the life of Mr. Gustavo Cesti, whose case was before the Commission as Case No.11730.  The IACHR requested the Peruvian state to report whether the ruling handed down in the writ of habeas corpus filed by Mr. Cesti had been complied with in all of its parts and to report on the status of the measures that would have been adopted with respect to it.  On May 19, 1997, the Government of Peru remitted information on the request for precautionary measures, accompanied by a report from the Supreme Council of Military Justice.  Since the precautionary measures were ineffective, the Commission requested the Court to take provisional measures.

 

          On May 23, 1997, without opening a specific case, the Commission requested the State of Peru to take precautionary measures to protect the life and physical integrity of Mrs. Leonor la Rosa Bustamente, her family and her attorney, who had been receiving threats.  On June 12, 1997, the case was opened, as No.11756.  On September 23, 1997, the Government of Peru, while not mentioning the request for precautionary measures, responded to the charge by requesting that the case be declared inadmissible because internal remedies had not been exhausted.

 

          On July 30, 1997, the Commission requested the State of Peru to take precautionary measures in behalf of Mr. Baruch Ivcher Bronstein, who had been stripped of his Peruvian nationality and whose case is now before the Commission as No.11762.  Mr. Ivcher was also in danger of losing his television station since he was a foreigner.  On September 18, 1997, the Government of Peru responded by stating that the petitioner had not exhausted all domestic remedies in that the following were pending:  1) A relief suit (presented by Ivcher) against the Resolution of the Director to nullify his certificate of nationality; 2) A relief suit (presented by Ivcher) questioning Articles 12 and 13 of the Regulations of the Law on Nationality; 3) A relief suit filed by the Winters, requesting temporary management of the business; 4) Two guarantee proceedings supported by the popular action procedure challenging the regulations of the Law on Nationality.  The government has requested that this case be declared inadmissible.  The present status of this incident is as follows:  Ivcher has filed a special appeal to the Constitutional Court.

 

          On August 15, 1997, the Commission requested the State of Peru to take precautionary measures to protect the life of Judge Elva Greta Minaya Calle, whose case is pending consideration by the Commission as No.11790.  The prosecuting attorney prepared criminal charges against her on August 13, for presumed crimes of violence, resisting authority, abuse of authority against the jurisdictional function for having declared in order the writ of habeas corpus that called for the freedom of Mrs. Carmen Caceres, a person under arrest for the crime of terrorism.  On December 19, 1997, the Government of Peru responded by saying that it is not appropriate to allow a solution of precautionary measures since the decision to charge Dr. Minaya has been voided.  The case is now pending a decision on admissibility.

 

          On September 3, 1997, the Commission requested the State of Peru to take precautionary measures to protect the lives of Superior Court of Lima judges Sergio Salas Villalobos, Elizabeth Roxana Macrae Thays and Juan Cancio Castillo Vasquez, whose case is before the Commission as No.11798.  Charges are pending against them for the presumed crime of prevarication, since they declared writs of habeas corpus in order.  According to the Peruvian Penal Code, this crime has a sentence of 3 to 5 years of prison, thereby constituting a threat against their individual liberty.  On October 2, 1997, the Government of Peru responded by saying that the charges brought by the Public Ministry against these judges for presumed criminal responsibility in the performance of their functions cannot be considered a threat against their individual liberty.  This case is pending a decision on admissibility.

 

          The Commission requested the State of Peru on September 2, 1997, to take precautionary measures to protect the life of members of Aprodeh and of Maria Jesus Garcia Sanchez, Mirza Salas Garcia, Arnold Salas Garcia and Miro Toledo Gutierrez, whose case is before the Commission as No.11811.  These persons have been receiving threats against their personal integrity.  On November 6, 1997, the Government of Peru asked for 30-day extension to reply, and this request was granted by the IACHR.  On December 10, 1997, the Government of Peru responded by stating that before a case was filed with the IACHR, an investigation was underway into the presumed threats noted in the request for precautionary measures.  The state believes it inappropriate and inadmissible for the IACHR to take up a request for precautionary measures that would duplicate in most cases the processing of personal guarantees that the petitioners have been seeking in the domestic courts and requests that the petition be filed.  The case is pending a decision on admissibility.

 

            Trinidad and Tobago

 

          The Commission requested the State of Trinidad and Tobago, on August 6, 1997, to take precautionary measures to protect the life of Mr. George Constantine, whose case the Commission is hearing as No.11787.  Mr. Constantine is sentenced to death.  The Government of Trinidad and Tobago has not responded yet.

 

          On October 16, 1997, the Commission requested the State of Trinidad and Tobago to take precautionary measures to protect the life of Mr. Angel Thomas, whose case the Commission is considering as No.11813.  Mr. Thomas is sentenced to death.  On December 15, 1997, the Government of Trinidad and Tobago gave the following response:  The petitioner is attempting to use the Commission as a fourth level of appeal, which is only permissible if there has been some denial of justice.  This matter has been presented to the Privy Council, which rejected the appeal.  As a result, it is unthinkable that justice was denied.  The case is pending a decision on the basic issue.

 

          On October 16, 1997, the Commission requested the State of Trinidad and Tobago to take precautionary measures to protect the life of Mr. Wenceslaus James, sentenced to death for the murder of Mr. Siewdath Ramkisson on August 5, 1992.  The Commission is hearing this case as No.11814.  The petitioner has charged that a legal error was committed in the instructions from the judge to the jury.  On December 15, 1997, the Government of Trinidad and Tobago gave the following response:  The petitioner is attempting to use the Commission as a fourth level of appeal which is solely permissible if there was some denial of justice or if the instructions from the judge were clearly arbitrary.  The status of this case is that since the state does not contest admissibility in a case like this, a decision on the basic issue is pending.

 

          On October 16, 1997, the Commission requested the State of Trinidad and Tobago to take precautionary measures to protect the life of Mr. Anthony Briggs, sentenced to death for the murder of Mr. Siewdath Ramkisson on August 5, 1992, which case is before the Commission as No.11815.  The petitioner has charged there was a legal error in the judge's instructions to the jury.  On December 15, 1997, the Government of Trinidad and Tobago gave the following response:  Even if the jury had been correctly instructed by the judge, the result would have been the same.  The case is pending a decision on the basic issue.

 

          On October 16, 1997, the Commission requested the Trinidad and Tobago to take precautionary measures to protect the life of Mr. Haniff Hilaire, whose case is before the Commission as No.11816.  Mr. Hilaire has been sentenced to death for the murder of Alexander Jordan, the husband of Mrs. Indravani (Pamela) Ramjattan (under common law).  The petitioner charges that he has been the target of cruel and inhuman treatment and has not had the guarantees of due process because of a lack of time and contact with his attorney to prepare his defense.  On December 15, 1997, the Government of Trinidad and Tobago gave the following response:  The petitioner should have taken up his problems with his attorney before.  He may not do so now, years later.  The treatment he has received cannot be described as cruel and inhuman.  The case is pending a decision on the basic issue.

 

          On November 11, 1997, the Commission requested the State of Trinidad and Tobago to take precautionary measures to protect the life of Mr. Albert Edwards, whose case is before the Commission as No.11828.  Mr. Edwards is sentenced to death.  The Government of Trinidad and Tobago has not responded yet.

 

          The Commission requested the State of Trinidad and Tobago, on November 12, 1997, to take precautionary measures to protect the life of Mr. Davis Ross.  Mr. Ross, who has been sentenced to death, has a case pending consideration by the Commission as No.11835.  On December 23, 1997, the Government of Trinidad and Tobago provided the following response:  This petition duplicates the petition to the Judicial Committee of the Privy Council, and the petitioner seeks to use the Commission as a fourth level of appeal, which is not its function.  The status of this incident is as follows:  A decision on the basic issue is pending.

 

          On November 21, 1997, the Commission requested the State of Trinidad and Tobago to adopt precautionary measures to protect the life of Mrs. Idravani (Pamela) Ramjattan, whose case is before the Commission as No.11837.  Mrs. Ramjattan has been sentenced to death for the murder of her husband.  The Government of Trinidad and Tobago has not responded yet.

 

          On November 24, 1997, the Commission requested the State of Trinidad and Tobago to take precautionary measures to protect the life of Mr. Denny Baptiste, whose case is before the Commission as No.11840.  Mr. Baptiste has been sentenced to death.  The petitioner charges violation of due process, cruel and inhuman treatment and others.  On January 18, 1998, the Government of Trinidad and Tobago gave the following response:  There was no denial of justice and Mr. Denny Baptiste was not treated in a cruel and inhuman manner.  In addition, legal assistance is available to the poor.  The status of this case is as follows:  Pending a decision on the basic issue.