C.      Petitions and cases before the Inter-American Commission
         on Human Rights
 

          1.       Precautionary measures granted or extended by the Commission  

7.       The precautionary measures are provided for in Article 29 of the Commission’s Regulations, which grants the Commission the following powers: 1) On its own initiative or at the request of a party, it may take any action that it considers necessary for the performance of its functions. 2) In urgent cases, when necessary to prevent irreparable harm to persons, the Commission may request that precautionary measures be taken to prevent the occurrence of irreparable harm, where the facts giving rise to the complaint are true. 3) If the Commission is not in session, the President or, in his absence, one of the Vice-Chairmen, shall consult via the Secretariat with the other members regarding application of the provisions of paragraphs 1 and 2 above. Where it is not possible to undertake the consultations in time, the Chairman shall take the decision on behalf of the Commission and shall communicate it immediately to the other members. And 4), any request for such measures and their adoption shall not prejudice the final decision.  

8.       Below the IACHR presents a summary of the 52 precautionary measures granted or extended by the Commission in the period covering the 107th to 111th regular sessions, in order of the State to which the request was made. The number of precautionary measures, however, is not the same as the number of persons protected by them, since, as illustrated below, many of the precautionary measures granted by the IACHR are aimed at protecting an individual or often a group of persons who cannot be counted, such as entire populations or communities.     

a.       Argentina           

9.       On December 27, 2000, the IACHR requested that the Government of the Argentine Republic take precautionary measures on behalf of the petitioners in case 11.137, who were imprisoned and on a hunger strike: Isabel Fernández, Claudia Acosta, Gustavo Messutti, José Moreira, Sergio Paz, Claudio Enrique Veiga, Roberto Felicetti, Miguel Ángel Aguirre, Claudio Rodríguez, Luis Díaz, and Carlos Motto. The State took measures that led them to stop the hunger strike and reported this to the Commission, which also received information thereon from the petitioners. 

b.       The Commonwealth of the Bahamas 

10.     During the period in question, the Commission continued to receive information on the precautionary measures granted and reported on in its 1998 and 1999 Annual Reports on behalf of Messrs. Michael Edwards (case 12.067) and Omar Hall (case 12.068). 

          c.       Belize 

11.     On October 20, 2000, the IACHR granted precautionary measures on behalf of the Maya Indigenous Communities and their members (case 12.053) and requested the State of Belize to take the necessary steps to suspend all permits, licenses, and concessions allowing for the drilling of oil and any other tapping of natural resources on lands used and occupied by the Maya Communities in the District of Toledo, in order to investigate the allegations in this case. The State did not reply to the Commission’s request. 

d.       Brazil 

12.     On March 9, 2000, the Commission requested that precautionary measures be adopted on behalf of Catherine Halvey, a human rights defender with the Human Rights Center of the Archdiocese of Manaos, who informed the IACHR that she had received several death threats as a result of her activities. The State informed the Commission that it had taken precautionary measures; those measures expired on September 9, 2000. 

13.     On April 27, 2000, the Commission requested that precautionary measures be adopted on behalf of the São Paulo state police auditor, Benedito Mariano, and his family members. The Archbishop Emeritus of São Paulo requested those measures in response to threats Mr. Mariano received, presumably because of his activities monitoring police conduct. The State replied to the Commission’s request and reported that the precautionary measures had been granted. They expired on October 27, 2000. 

14.     On December 21, 2000, the Commission requested precautionary measures on behalf of three Justice Advocates of São Paulo and their family members, as well as 16 persons detained in the Public Prison of Sorocaba in the State of São Paulo, who had received death threats presumably linked to the mistreatment and torture taking place in that prison (case 1.263). The measures requested guarantees for the right to life and physical integrity and the ability to testify without fear of reprisal. The State reported that it had transferred the guards involved in the case to administrative positions. The measures remain in effect until May 21, 2001. 

          e.       Canada 

          15.     During the period covered by this report, the Commission continued receiving information in relation to the precautionary measures granted and reported on in its 1998 and 1999 Annual Reports in favor of the Harte family (case 11.862), and Mrs. Tavabeh Moeineddin and children (case 12.047). 

          f.       Colombia 

          16.     On May 11, 2000, the Commission granted precautionary measures and requested the Colombian State to take steps to protect the life and physical integrity of Alirio Uribe Muñoz, a well-known human rights defender and active member of the “José Alvear Restrepo” Lawyers Collective. Available information indicates that Mr. Uribe was identified in a military intelligence report as part of the “ELN support network.” The persons mentioned in the intelligence report have been victims of nonjudicial execution, forced disappearance, arbitrary detention, or constant threats, forcing them to move or exile themselves. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

17.     On May 11, 2000, the Commission granted precautionary measures and requested that the State take steps to protect the life and physical integrity of the political prisoners in buildings 1 and 2 of the National Model Prison in Bogotá. Based on available information, on April 27, 2000, prisoners belonging to paramilitary groups detained in cellblock 5 launched a violent attack on prisoners in cellblock 4, killing 47 inmates and injuring 17 others. The petitioners alleged that several prisoners from cellblocks 3 and 5, with Autodefensas Unidas de Colombia bracelets, carried long-range weapons when patrolling the facilities, making threats against political prisoners. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

18.     On May 22, 2000, the Commission granted precautionary measures and requested the Colombian State to take steps to protect the life and physical integrity of Juan Romaña, Leonel Bejarano, Jairo Robledo Martínez, Nilson Mosquera Sierra, Jacob Orejuela Mosquera, Apolinar Mosquera Murillo, Euclides Gutiérrez Prado, Yaila Yessi Mena del Pino, and Alba María Cuesta, members of the Central Committee of Displaced Persons and spokespersons for the internally-displaced communities that have currently settled in the city of Quibdó. According to the information contributed by the petitioner, these persons have been victims of plotting and accusations from members of the national police assigned to the Departmental Police of Chocó quartered in Quibdó, who claim the displaced persons are guerillas or sympathize with insurgent groups. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

19.     On May 26, 2000, the Commission granted precautionary measures for steps to be taken to protect the life and physical integrity of the members of the Organización Femenina Popoular headquarted in Barrancabermeja.  According to the available ifnoramtión, on May 22, 2000 a paramilitary group went to the headquarters of the Casa de la Mujer of Puerto Wilches and threatened the life of its coordinator, Flor María Cañas. The Organización Femenina Popular, together with members of Peace Brigades International, lodged a complaint with the corresponding authorities, after which the paramilitary group sent a message saying they know the international presence will not last forever and that the women will remain in the town [and] will therefore “suffer the consequences.” Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

20.     On June 2, 2000, the Commission granted precautionary measures and requested that the Colombian State take steps to protect the life and physical integrity of Jineth Bedoya Lima, a journalist for El Espectador; Hollman Morris Rincón, peace editor for El Espectador; and Jorge Cardona Alzate, judicial editor for El Espectador.  The available information indicates that on May 24, 2000, Jineth Bedoya received a call from an individual nicknamed “the baker” (“el Panadero”), who expressed interest in having a journalistic piece done on the paramilitary’s version of the outbreak of violence on April 27, 2000 in the National Model Prison of Bogotá.  The journalist was approached at the door of the facilities, surrounded, sedated, and driven to a nearby house where several individuals gagged and beat her and subjected her to degrading treatment.  She was then left in an unpopulated sector.  On June 19, 2000, the Commission requested that the Colombian State broaden the precautionary measures to include Alba Patricia Ribera Uribe, a journalist with NTC Noticias, who received threats similar to those of her colleagues. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

21.     On June 21, 2000, the Commission granted precautionary measures and requested that the Colombian State take steps to protect the life and physical integrity of union leaders of the Municipal Utility Workers Union of Cali-SINTRAEMCALI, National Union of University Workers and Employees of Colombia, Cali Division, Central Unitaria de Trabajadores Sub-directiva Valle del Cauca, and the Union of the Department of Valle del Cauca. The available information indicates that these union leaders are in imminent danger due to the constant plotting and accusations of the civil and military authorities in the Department of Valle del Cauca, who claim the aforementioned persons are guerillas, terrorists, or sympathizers with insurgent groups. On July 6, 2000, the Commission decided to broaden these precautionary measures to include Mr. Roberth Cañarte Montealegre and Fredy Ocoró B., in light of the request it received on July 4, 2000. The available information indicates that Roberth Cañarte Montealegre was detained by a group of uniformed men with long weapons who said they were members of the Autodefensas Unidas de Colombia (AUC); there has been no news of his whereabouts since then. Regarding Mr. Fredy Ocoró B., prosecuting attorney with the Union of Municipal Workers of Bugalagrande, his name appears on a list of the paramilitary group operating in the center of the Department of Valle alongside another union leader who was recently executed. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

22.     On October 16, 2000, the Commission granted precautionary measures and requested that the Colombian State take steps to protect the life and physical integrity of the management and workers at the Regional Committee for the Protection of Human Rights in Magdalena Medio (CREDHOS), headquartered in Barrancabermeja. According to available information, a course entitled “Forum for life and human rights” was held in Barrancabermeja, with State representatives and human rights defenders. Copies of a “condolence card” from Autodefensas Unidas de Colombia (AUC) were found there, making death threats against members of the organization. The Commission also requested that the State report on measures taken to (a) shed light on the serious complaints of law enforcement’s tolerance or sponsorship of paramilitary groups stationed in Barrancabermeja and Yondó; and (b) guarantee that law enforcement complies with its legal functions and does not tolerate or sponsor paramilitary groups operating in the area. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

23.     On November 1, 2000, the Commission requested that the Colombian State broaden the measures granted in 1999 on behalf of the spokespersons for the campesino exodus from southern Bolívar, with a view to protecting the life and physical integrity of the members of the Asociación Campesina del Valle del Río Cimitarra, who were declared military targets by paramilitary groups in the region and have been subject to systematic threats, as well as fatal attacks on its leaders. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

24.     On December 19, 2000, the Commission granted precautionary measures and requested that the Colombian State take steps to protect the life and physical integrity of Dr. Carlos Arturo Romero Jiménez, attorney, university professor, and former member of the Communist Party and the Unión Patriótica, and his wife Dr. Clara López Obregón. The available information indicates that in November 2000, Dr. Romero Jiménez received a series of pamphlets threatening his life. On December 13, 2000, Dr. Romero’s driver was intercepted by two men on a motorcycle, who asked him if Dr. Romero had left the country and told him that they were “going to kill him.” Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

25.     On December 29, 2000, the Commission granted precautionary measures and requested that the Colombian State take steps to protect the life and physical integrity of the President of the National Federation of State Workers, Wilson Alfonso Borja Díaz, who was attacked on December 15, 2000, leaving both he and his escorts injured. Shortly thereafter, paramilitary leader Carlos Castaño Gil claimed responsibility for the attack in the press and indicated that Mr. Borja Díaz remained a military target. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

26.     On January 30, 2001, the Commission granted precautionary measures and requested that the Colombian State take steps to protect the life and physical integrity of Dr. Gloria Gaitán Jaramillo. The available information indicates that Dr. Gaitán Jaramillo was harassed and persecuted both at home and at her workplace as a result of her efforts to further the investigation into the assassination of her father, Jorge Eliécer Gaitán, through the so-called “National and International Campaign of the Court of Truth.” Following the State’s reply, the parties continued to present information and observations on these precautionary measures. 

27.     On March 2, 2001, the Commission granted precautionary measures and contacted the Colombian State to request that steps be taken to protect the life and physical integrity of the members of the Asociación Nacional de Mujeres Campesinas e Indígenas de Colombia (rural and indigenous women’s association, ANMUCIC) and its Chair, Mrs. Leonora Castaño.  The information available indicates that several members of ANMUCIC have been threatened and attacked and as a result have had to move to other parts of the country, go into exile, or suspend the work of the Organization in certain regions of the country.  The Commission requested the State to adopt measures to guarantee the life and physical integrity of Ms. Leonora Castaño and to protect the offices of ANMUCIC, especially those in Bogotá, by common accord with the petitioners and protected persons, and to investigate, try, and punish those responsible for the threats and harassment endured by ANMUCIC and its members. 

g.                 Costa Rica

 

28.     On March 1, 2001, the Commission requested that the State adopt precautionary measures on behalf of Mauricio Herrera Ulloa and Fernán Vargas Rohrmoser, a representative of La Nación newspaper.  According to available information, Tribunal III of the Supreme Court of Costa Rica upheld the criminal conviction of Mr. Herrera, for the alleged pain and suffering caused by reporting information published in the European media questioning a former Costa Rican ambassador.  The Commission requested that the State suspend execution of his sentence, to give it time to conduct a full investigation of the allegations raised in the petition, on the grounds that executing it before the Commission investigated the case would cause irreparable harm to Messrs. Herrera and Vargas, the latter being a representative of “La Nación.” 

h.                 Ecuador 

29.     During the period in question, the Commission continued to receive information on the precautionary measures voluntarily granted by the State of Ecuador on June 14, 1999 on behalf of Pedro Giovanny Baque Tuáres, Pedro F. Baque Coronel, Olinda Tuárez Loor, Carol Baque Tuáres, Javier Baque Tuáres, Homero Alberto Palacios Palma, and Julio Paéz García.  

          i.        El Salvador 

          30.     On February 29, 2000, the Commission granted precautionary measures on behalf of Mr. Jorge Odir Miranda Cortez and 26 other members of the Asociación Atlacatl, according to which the right to life and health of said persons was in grave danger, since they required care from State institutions to access the medicine they need for treatment. The Commission requested that the Salvadoran State provide treatment and antiretroviral drugs, as well as the pertinent hospital, pharmacological, and nutritional care. The IACHR received information from both parties on the actions taken to care for the aforementioned persons. On June 26, 2000, the Board of Directors of the Salvadoran Social Security Institute authorized the procurement of the triple antiretroviral therapy for persons who are HIV-positive or have AIDS in that country. Starting on that date, the State began to provide the requested treatment. The precautionary measures expired on August 29, 2000, at the end of the six-month period initially requested by the Commission.  

j.        Grenada 

31.     On April 13, 2000, the Commission decided to publish its report Nº 38/00 on case 11.743.  One of the recommendations of the Commission in that report was a request to the State of Grenada to adopt precautionary measures on behalf of Rudolph Baptiste, in order to stay his execution.  As this report went to press, the Inter-American Commission had not received any reply from the State of Grenada. 

32.     On October 20, 2000, the Commission granted precautionary measures on behalf of Donnason Knights, case 12.028, and requested the State to stay execution of the death penalty.  As this report went to press, the Inter-American Commission had not received any reply from the State. 

          k.       Guatemala

          33.     On September 12, 2000, the Commission granted precautionary measures on behalf of Aura Elena Farfán, President of the Association of Family Members of the Detained-Disappeared of Guatemala (FAMDEGUA) to guarantee her life and physical integrity. The IACHR also requested that effective measures be taken to guarantee the safety of persons who visit or work at the FAMDEGUA offices. The precautionary measures were granted as a result of the robbery and breaking and entering at the FAMDEGUA offices--a petitioner in the case of the Dos Erres village massacre (case 11.681) being processed by the Commission. The Guatemalan State informed the Commission that the alleged perpetrators had been captured and that the pertinent judicial investigations are being conducted. It also reported that police protection is being provided for the FAMDEGUA offices. 

          l.        Guyana 

          34.     On April 4, 2000, the Commission granted precautionary measures on behalf of Franz Britton, better known as Collie Wills, who allegedly disappeared on January 27, 2000, following his detention on January 25, 2000. The Commission requested that the Government of Guyana take the necessary measures to ensure respect for Mr. Britton’s life and to present information on the facts that gave rise to this petition filed with the inter-American system. Through letters dated August 24, 2000 and February 4, 2001, the Commission reiterated its request for information on the case, but has not received a reply from the State. 

m.      Haiti 

35.     On April 19, 2000, the IACHR granted precautionary measures on behalf of Pierre Espérance and members of the National Coalition for Haitians’ Rights (NCHR), requesting that the Haitian State adopt the necessary measures to ensure the physical integrity and life of said persons. Those measures were granted based on the fact that, according to the information provided, Mr. Pierre Espérance, a human rights defender, had suffered various acts of intimidation, threats, assaults, and even an armed assault that left him seriously wounded. Members of the NCHR have also suffered various acts of intimidation and aggression. The precautionary measures were granted for a six-month period. The Commission has not received any information from the parties.  

36.     On November 13, 2000, the IACHR granted general precautionary measures on behalf of persons affected by the tension resulting from the electoral process in Haiti and, in particular, on behalf of Messrs. Jean-Baptiste Dieugrand, Hébert Chèristan, and Hervé Denis. The Haitian State was requested to take the necessary measures to respect and ensure the full and free exercise of the following rights: freedom of conscience, thought, and expression and the right to assembly, association, free movement, and residence, political rights, and due process. Based on the information the IACHR received, there were several acts of violence, persecution, and threats attributed to members of the government, government security forces, or private agents tolerated or motivated by those parties against several political opponents. The State took no action regarding the requested protection. 

          n.       Honduras 

37.     On July 18, 2000, the Commission granted precautionary measures on behalf of journalist Julio César Pineda Alvarado, to prevent the risks he is facing from materializing, based on information presented to the Commission, and to guarantee his unrestricted ability to work as a journalist in Honduras. During the period in question, the parties continued to present information and observations related to the precautionary measures and the journalist’s situation. 

o.       Jamaica 

38.     On May 2, 2000, the Commission granted precautionary measures on behalf of Denton Aitken, sentenced to death in Jamaica, whose case (12.275) is pending before the Commission. The Commission requested that the State stay the execution until the Commission has the opportunity to examine the case, on the grounds that executing Mr. Aitken before the Commission examined the allegations in this case would cause Mr. Aitken irreparable harm. The Commission did not receive a reply to its request from the State.  

39.     On December 4, 2000, the Commission granted precautionary measures on behalf of Dave Sewell, who was sentenced to death in Jamaica and whose case (12.347) is pending before the Commission. The Commission requested that the State suspend the execution until the Commission has the opportunity to examine the case, on the grounds that executing Mr. Sewell before the Commission examined his claims would cause irreparable harm. The Commission did not receive a reply to its request from the State. 

          p.       Nicaragua 

40.     On July 17, 2000, the IACHR granted precautionary measures on behalf of Vilma Núñez de Escorcia for the Nicaraguan State to take the necessary steps to protect the life and physical integrity of Mrs. Núñez de Escorcia, a human rights defender, who had received a series of death threats. The parties continued to present information and observations in connection with these measures.

q.       Panama         

41.     On July 7, 2000, the Commission granted precautionary measures on behalf of Mr. Carlos A. Singares Campbell, director of the “El Siglo” newspaper in Panama. According to the information received, Mr. Singares was detained for violation of the desacato laws (defamation), following the publication of a critical newspaper article potentially implicating Attorney General José Antonio Sossa in illegal acts. The Commission granted precautionary measures for 30 days and requested that the State nullify the arrest warrant and guarantee his right to physical integrity and freedom of expression. 

r.        Peru 

42.     On March 10, 2000, the Commission requested that the Peruvian State take precautionary measures on behalf of Genaro Delgado Parker, who, according to the information received, was stripped of control of the “Red Global” TV station and the radiobroadcasting equipment at the “Radio 1160” station he owns. The initial term of the precautionary measures expired without their implementation by the State, therefore the Commission extended the measures for six months until November 2, 2000. On December 18, 2000, the Peruvian State reported that it had complied with the Commission’s request. 

43.     On March 17, 2000, the Commission granted precautionary measures and requested that the Peruvian State adopt effective measures to guarantee the physical integrity and life of Mrs. Erika Milagros Martínez Liñan and Mr. Carlos Armando Rodríguez Iglesias, as well as their family members, including protective measures that would not interfere with their freedom of movement and expression. The IACHR also asked Peru to launch an investigation into threats that those individuals had received. These precautionary measures are based on a request presented to the IACHR indicating that Mr. Rodríguez and Mrs. Martínez had received threats after publicly announcing that they helped falsify electoral ballots in the May 2000 elections. The State replied on April 20, 2000 and reported that the National Police of Peru had offered personal guarantees to the aforementioned persons.  

44.     On May 26, 2000, the Commission granted precautionary measures on behalf of Mr. Fabián Salazar Olivares, which were transmitted in the context of case 12.286. According to the information received, National Intelligence Service (SIN) agents entered the office of the newspaper where Mr. Salazar works and tortured him in order to remove videos from him. Mr. Salazar was hospitalized for cuts on his left arm. The Commission requested that the Peruvian State take steps to protect Mr. Salazar’s life, physical integrity, and freedom. On July 14, 2000, the State indicated that it could not comply with the precautionary measures because Mr. Salazar had left the country on May 31, 2000.

s.       Trinidad and Tobago 

45.     On November 15, 2000, the Commission granted precautionary measures on behalf of Balkissoon Roodal, sentenced to death in Trinidad and Tobago, whose case (12.342) is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay his execution until a decision can be made on the merits of the case. It based its request on the fact that if the State were to execute Mr. Roodal before such an assessment, any later decision of the Commission would be ineffective in providing potential remedies and that this would cause him irreparable harm. The State did not reply to the Commission’s request.  

46.     On December 1, 2000, the Commission requested that the State take precautionary measures on behalf of Sheldon Roach, sentenced to death in Trinidad and Tobago, whose case (12.346) is pending before the Commission. The Commission requested that the Republic of Trinidad and Tobago stay his execution until a decision can be made on the merits of the case. It based its request on the fact that if the State were to execute Mr. Roach before such an assessment, any later decision of the Commission would be ineffective in providing potential remedies and that this would cause him irreparable harm. The State did not reply to the Commission’s request.  

t.       United States 

47.     On January 6, 2000, the Commission requested the adoption of precautionary measures on behalf of Douglas Christopher Thomas, sentenced to death, whose execution was scheduled for January 10, 2000 in the State of Virginia and whose case (12.240) is pending before the Commission. The Commission requested that the State stay the execution, to give it time to fully examine the allegations made in the petition, on the grounds that executing Mr. Thomas before the Commission could investigate the case would cause irreparable harm. On January 11, 2000, the State informed the Commission that the U.S. federal government had no involvement with the case prior to the receipt of the Commission’s request and that Mr. Thomas had been executed by the State of Virginia on January 10, 2000, after the U.S. Supreme Court refused to grant a stay.  

48.     On January 27, 2000, the Commission requested that the State adopt precautionary measures on behalf of Juan Raúl Garza (case 12.243), sentenced to death, whose execution was scheduled for August 5, 2000 in the State of Indiana. The Commission requested that the State take the necessary measures to preserve the life and integrity of Mr. Garza, so it can investigate the allegations made in the petition to the inter-American system, on the grounds that executing Mr. Garza before the Commission could examine the case would cause irreparable harm. Mr. Garza later received two temporary stays of execution from the President of the United States on August 21 and December 12, 2000.  

49.     On February 4, June 15, and June 22, 2000, the Commission reiterated its request that the State adopt precautionary measures on behalf of Shaka Sankofa (better known as Gary Graham), with a view to the State giving him a stay of execution until the Commission has time to investigate the facts of the case (11.193). On June 15, 2000, during its 107th session, the Commission adopted Report 51/00 in which it found Mr. Sankofa’s case admissible. The State did not respond to the Commission; on June 22, 2000, Mr. Sankofa was executed. 

50.     On March 13, 2000, the Commission requested the adoption of precautionary measures on behalf of Víctor Saldaño (case 12.254), an Argentine citizen sentenced to death in the State of Texas. The Commission requested that the State take the necessary measures to preserve the life and physical integrity of Mr. Saldaño, so it can investigate the allegations made in the petition, on the grounds that executing Mr. Saldaño before the Commission could investigate the case would cause irreparable harm. On June 5, 2000, the Supreme Court revoked the death sentence and returned his case to the Texas Court of Criminal Appeals, for its judgment. In a letter dated November 10, 2000, the State informed the Commission that it received information from the Texas Court of Criminal Appeals that a public hearing would be held on December 13, 2000; it was later postponed until February 28, 2001.  

51.     On May 26, 2000, the Commission granted precautionary measures on behalf of Michael Domingues (case 12.285), sentenced to death in the State of Nevada. The Inter-American Commission requested that the State take the necessary measures to preserve the life and physical integrity of Mr. Domingues, so it can investigate the allegations made in the petition, on the grounds that executing Mr. Domingues before the Commission could examine the case would cause irreparable harm. The State did not reply to the Commission’s request.  

52.     On October 25, 2000, the Commission requested that the State adopt precautionary measures on behalf of Miguel Ángel Flores (case 12.333), a Mexican citizen sentenced to death in the State of Texas, and requested that the United States stay his execution, scheduled for November 9, 2000, so it can investigate the allegations made in the petition, on the grounds that executing Mr. Flores before the Commission could examine the case would cause irreparable harm. In a letter dated November 7, 2000, the Commission reiterated its request for an urgent reply regarding the precautionary measures granted. The Commission did not receive a reply from the State, and Mr. Flores was executed on November 9, 2000.  

53.     On November 8, 2000, the Commission granted precautionary measures on behalf of Johnny Paul Penry (case 12.340), sentenced to death in the State of Texas, and requested that the State stay his execution scheduled for November 16, 2000, so it can investigate the allegations brought before the inter-American system, on the grounds that executing Mr. Penry before the Commission could examine the case would cause irreparable harm. In a letter dated November 14, 2000, the Commission reiterated its request that the State reply regarding the precautionary measures requested. In a note dated November 14, 2000, the State informed the Commission that it had submitted its request to the pertinent government authorities for their consideration. The U.S. Supreme Court stayed Mr. Penry’s execution on November 16, 2000.

54.     On November 10, 2000, the Commission requested that the State adopt precautionary measures on behalf of Mr. James Wilson Chambers (case 12.341), who was sentenced to death in the State of Missouri. The Commission requested that the State stay his execution, scheduled for November 15, 2000, until it has had the opportunity to investigate the allegations made in the petition, on the grounds that executing Mr. Chambers before the Commission examined the case would cause him irreparable harm. In a letter dated November 14, 2000, the State informed the Commission that it would transmit the request to the pertinent government authorities for their consideration. The Commission later received word that Mr. Chambers was executed on November 15, 2000.  

55.     On December 16, 2000, the Commission granted precautionary measures on behalf of Alexander Williams (case 12.348), sentenced to death in the State of Georgia, requesting that the State stay the execution of Mr. Williams in order to investigate the allegations brought before the inter-American system, on the grounds that executing him before the Commission investigated the case would cause irreparable harm. The State did not reply to the Commission’s request.  

56.     On December 15, 2000, the Commission requested the adoption of precautionary measures on behalf of Mr. José Jacobo Amaya Ruíz (case 12.351), a Salvadoran citizen scheduled to be executed on January 18, 2001 in the State of Arizona. The Commission requested that the State preserve the life and physical integrity of Mr. Amaya, so it could fully investigate the allegations made to the Inter-American system, on the grounds that executing Mr. Amaya before the Commission examined the case would cause irreparable harm. Through a letter dated January 8, 2001, the State informed the Commission that it had transmitted the request for precautionary measures to the Attorney General of the State of Arizona for consideration and reiterated its position that the Commission’s recommendations are not binding for the State. 

u.       Venezuela 

57.     On February 7, 2001, the Commission granted precautionary measures on behalf of journalist Pablo López Ulacio, director of the weekly “La Razón”. The Commission indicated that Mr. López Ulacio “is at grave risk and requested that the affronts on the journalist’s freedom of expression be stopped and, as a result, that the censorship measures against him be lifted, including those on La Razón.” The parties have provided information to the Commission on those precautionary measures.  

58.     On March 12, 2001, the Commission agreed to adopt precautionary measures to preserve, inter alia, the right to life and physical integrity of Colombian refugees in Venezuela, Manuel de Jesús Pinilla Camacho et al. Based on the information supplied by the Center for Justice and International Law (CEJIL), the Programa Venezolano de Educación-Acción en Derechos Humanos (PROVEA), the Oficina de Acción Social del Vicaria

[ Table of Contents | Previous | Next ]