Precautionary Measures - Rapporteurship on the Rights of the Child

PRECAUTIONARY MEASURES - IACHR

Argentina 2002 - María Adelina Sarruggi

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.

Brazil 2002 - Manoel Bezerra, Rosmary Souto and Luiz Da Silva

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.

Colombia 2006 - Eduardo César Ariza Ulloque

On March 23, 2006, the IACHR requested precautionary measures in favor of Eduardo César Ariza Ulloque, leader of a community of nine families displaced by the river diversion, Medellín city. The situation falls within the framework of precautionary measures adopted in October 2004 on behalf of a number of families left homeless and displaced in the city of Medellín, who were forcibly evicted in spite of the existence of a judicial order that defined the specific, non-violent circumstances in which they could be moved from the so-called “Bello or river diversion.” The State agreed to provide transitional facilities for the affected families and to include them in a housing plan, which allowed the IACHR to lift the precautionary measures. It appears that nine of the families were excluded from the housing plan, because they had been displaced from within the city, and they therefore returned to the Bello or river diversion. The Commission’s decision is now based on information that indicates that the beneficiary has been the victim of a firearm attack and that the nine families he represents have been the objects of threats from groups of paramilitaries operating in the area. The Commission requested that the State, inter alia, adopt the necessary measures to protect the life and physical integrity of Eduardo César Ariza Ulloque, his wife Sor Elena Arboleda Metre, and their two children, Anderson Ariza Arboleda, and Edgar Ariza Arboleda, and report on action taken to judicially investigate the events that gave rise to the precautionary measures. The Commission has also requested that the State provide information on the situation of the nine affected families who were beneficiaries of precautionary measure 784-04 64 Children and 50 Adults in the Bello Diversion. The Commission is continuing to monitor the beneficiaries’ situation.

Colombia 2005 - Wiwa Indigenous people of the Sierra Nevada of Santa Marta

On February 4, 2005, the IACHR granted precautionary measures in favor of the members of the Wiwa indigenous people of the Sierra Nevada of Santa Marta. The information available indicates that during the past two years, these indigenous people have suffered a series of violent acts by paramilitaries, including the murder of approximately 50 indigenous leaders, the forced displacement of more than 800 individuals, and a deteriorating humanitarian situation in the communities of La Laguna, El Limón, Marokazo, Dudka, Linda, and Potrerito. It is reported that on January 19, 2005, Angel Milciades Loperena Díaz, the General Treasurer of the Wiwa Yugumaiun Bukuanarúa Tayrona Organization, was murdered, along with his brother Darío Loperena, a community schoolteacher, in San Juan del Cesar (La Guajira department). Responsibility for the killings was attributed to the Northern Bloc of the United Self-Defense Forces of Colombia under the command of “Jorge 40.” Given the risks facing the beneficiaries, the Commission asked the Colombian State to adopt the measures necessary to protect the lives and personal integrity of the members of the Wiwa People of the Sierra Nevada of Santa Marta, respecting their cultural identity and protecting the special relationship they enjoy with their lands, in accordance with the obligations entered into by the State. The Commission also asked the State to provide humanitarian assistance to the victims of the displacements and food crises, in particular the indigenous people’s minor children, to agree on collective protection measures, including the presence of a community defender, with the beneficiaries through their representative organizations Wiwa Yugumaiun Bukuanarúa Tayrona OBYBT, the Gonabindua Tayrona Organization, and the petitioners, and to take the steps necessary to end the acts of violence and threats carried out against the beneficiary community. The Commission continues to monitor the situation of the beneficiaries.

Colombia 2004 - 63 children and more than 50 adults in the municipality of Bello

On March 5, 2004, meeting in the framework of its 119^th 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.

Colombia 2004 - Nelly Barreto Reyes and children

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.

Dominican Republic 1999 - Yean and Violeta Bosico

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

Ecuador 2003 - Sarayacu Indigenous Community

On May 5, 2003, the Commission granted precautionary measures on behalf of Franco Viteri, José Gualinga, Francisco Canti, Fabián Grefa, Marcelo Gualinga, and all other members of the Sarayacu indigenous community. The information available indicates that at least 10 members of the community have been disappeared since January 26, 2003, and that the girls of the community were subject to harassment by members of the Army and civilians from outside the community. In view of the risk to which the beneficiaries are exposed, the IACHR asked the Ecuadoran State to adopt the measures needed to protect the life and physical integrity of the members of the Sarayacu indigenous community, to protect the community’s special relationship with its territory, and to investigate judicially the events of January 26, 2003, at the “Tiuthualli Camp for Peace and Life.” In response, the State reported to the IACHR on the protective measures implemented by the provincial police command of Pastaza.

Guatemala 2007 - 26 children in the process of being adopted

On November 21, 2007, the IACHR granted precautionary measures in favor of 26 children in the process of being adopted in Guatemala. The information available indicates that the beneficiaries, all under six months of age, are undergoing the international adoption procedure. The persons requesting the measures allege that the adoption procedures are irregular, and that the children are being housed in private homes without judicial authorization and in violation of the law. It is also indicated that there is no information on the conditions in which the children were separated from their biological parents, and that adoption procedures are being carried out through civil-law notary proceedings without the supervision of the competent authorities. The Commission asked the Guatemalan State to define the conditions and the place were the beneficiaries could be found, and to report on their legal and family status, and on the measures it would be taking to protect them. The Commission continues to monitor the beneficiaries’ situation.

Guatemala 1996 - Brenda Mayol and children

On July 30, 1996, the Commission requested the State of Guatemala to take urgent precautionary measures to protect the life and personal integrity of Brenda Mayol, her sons, Oscar René, Igor Alfonso and Rembrant Carlos Trujillo Mayol and his fellow workers Vidal Días, Rene Días, Rosa Zinico and Thelma López. These persons were working in the legal office IXCHEL, which defends human rights, the environment, women and children in Peten and as a result of their work had been the object of constant harassment and threats. The State of Guatemala responded on September 12, 1996, indicating the measures it was taking to protect the lives and physical integrity of the persons indicated.

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