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 ] |