PRECAUTIONARY MEASURES 2004

1. Precautionary measures granted by the IACHR in 2004

9. The mechanism of precautionary measures is provided for by Article 25 of the Rules of Procedure of IACHR. This provision establishes that, in severe and urgent cases, and whenever necessary according to available information, the IACHR may, on its own initiative or at the request of a party, petition that the State concerned adopt precautionary measures to prevent irreparable harm to persons. If the Commission is not in session, the Chair, or in his or her absence, one of the Vice-Chairs, shall consult with the other members, through the Secretariat, regarding the application of this rule. If it is not possible to consult the members within reasonable time-limits under the circumstances, the Chair shall take the decision on behalf of the Commission and shall so inform its members immediately. In conformity with the established procedure, the IACHR may request information from the interested parties on any matter related to the adoption and observance of the precautionary measures. In any case, the granting of such measures by the IACHR does not constitute prejudgment on the merits of the case.

10. The IACHR is presenting below a summary of the precautionary measures granted in 2004 involving the member States. It should be clarified that the number of precautionary measures that are granted does not reflect the number of persons protected by their adoption, since many of the precautionary measures granted by the IACHR, as can be observed below, extend protection to more than one person and, in certain cases, to groups of persons such as communities or indigenous peoples.

Argentina

11. On August 3, 2004, the IACHR granted precautionary measures in favor of the convicted and tried inmates committed to the Penitentiary of the Province of Mendoza and its offices. Available information indicates that, during the first half of 2004, there occurred 11 deaths in the facilities of the penitentiary: 5 because of a fire, and the others as a result of assaults or brawls, because of the lack of security and control measures by the authorities, overcrowding, and miserable health conditions in the wards. The incidents of violence and the conditions of confinement that jeopardize the psycho-physical safety and life of the inmates have not been clarified either by the judiciary or disciplinary measures. In view of the situation of the beneficiaries, the IACHR requested the Argentinean State to adopt the necessary measures to prevent irreparable harm to the life and personal safety of the penitentiary’s inmates and the ones that are deemed suitable to guarantee access to adequate conditions of hygiene and health. On October 14, 2004, after the violent deaths of four inmates, despite the observance of precautionary measures, the Commission requested the Inter-American Court to adopt provisional measures in conformity with Article 63(2) of the American Convention. Provisional measures were granted on November 22, 2004 (see below the section on matters pending before the Inter-American Court).

Barbados

12. On September 17, 2004, the IACHR granted precautionary measures in favor of Frederick Atkins, Michael Huggins, Lennox Boyce and Jeffrey Joseph, in the context of petition P829-04, which alleged violations of the alleged victims’ rights under Articles 2, 4, 5, and 8 of the American Convention on Human Rights in connection with mandatory death sentences that had been imposed upon them as well as the use of hanging as a method of execution and the alleged victims’ conditions of confinement. Available information at the time of the petition indicated that warrants of execution had been read to the alleged victims and that there was an imminent risk that execution dates would be scheduled. In view of the situation, the Commission requested that the Government of Barbados refrain from executing the beneficiaries pending the Commission’s investigation into the allegations in their petition, on the basis that their executions would render any eventual decision by the Commission ineffective and would cause the beneficiaries irreparable harm. Further, because the information available also indicated that Lennox Boyce and Jeffrey Joseph had already been scheduled to be executed on September 21, 2004, the Commission requested the Inter-American Court of Human Rights to adopt provisional measures in favor of Mr. Boyce and Mr. Joseph in conformity with Article 63(2) of the American Convention. In response, the President of the Court adopted a Resolution, which was ratified by the entire Court on November 25, 2004 (see below the section on matters pending before the Inter-American Court).

Brazil

13. On December 6, 2004, the Commission granted precautionary measures in favor of the members of the indigenous peoples of Ingaricó, Macuxi, Wapichana, Patamona, and Taurepang in Raposa Serra do Sol, state of Roraima. Available information indicates that the lives, personal safety, and territorial occupation of the members of these indigenous peoples are in imminent danger because of the process of delimiting lands, which has been pending since 1977. It is alleged that, on November 23, 2004, an armed group attacked the indigenous communities with chainsaws, tractors, and fire, resulting in one death, one missing person, and the destruction of 34 homes, one school, and the local health clinic. In view of this situation, the IACHR requested the Brazilian State to adopt the necessary precautionary measures to protect the lives, physical integrity and free circulation of the beneficiaries and to report on the actions undertaken to investigate the facts. The Commission has continued to receive information on the situation of the protected communities.

14. On December 21, 2004, the IACHR granted precautionary measures in favor of the children confined in the State Foundation for the Well-being of Children (Fundação Estadual do Bem-Estar do Menor—FEBEM Tatuapé). Available information indicates that, on December 6, 2004, there was an uprising in Unit 13 of the FEBEM in Tatuapé, which resulted in 8 injured children. It is alleged that the lives and personal safety of the children committed to the units of FEBEM Tatuapé are in imminent danger from the action of the officials of the detention center and its deplorable sanitary and building conditions. The allegations of the petitioners are substantiated by an administrative investigation by the Office of the Attorney General for Children and Young People of the State of São Paulo, which points out that there is a systematic practice of violence in units 5 and 12 of FEBEM Tatuapé. In view of this situation, the IACHR requested the Brazilian State to adopt the necessary measures to protect the life and physical integrity of the beneficiaries and to report on the actions undertaken to investigate the incident and put and end to the assaults against the children and adolescents who are confined there. The Commission continues to monitor the situation of protected persons.

Colombia

15. On February 20, 2004, the IACHR granted precautionary measures in favor of Nelly Barreto Reyes and her eight children, Rosa Solano, Amalia Mendoza, José Abelardo Villa, and José Antonio García in the Department of Cesar. Available information indicates that Ms. Nelly Barreto Reyes and members of her family have been the target of death threats by the members of the AUC in retaliation for the report of the murder of Héctor Arturo López and Héctor López Solano—son and husband, respectively, of Ms. Barreto. Héctor Arturo López was allegedly murdered on January 27, 2004 in La Jagua de Ibirico, and his father, Héctor López Solano, was allegedly murdered in Valledupar on February 4, 2004 in front of the rest of his children and his pregnant wife. In view of the risk for the beneficiaries, the Commission requested the Colombian Government to adopt the necessary measures to protect the life and personal safety of Nelly Barreto Reyes and her eight children, Rosa Solano, Amalia Mendoza, José Abelardo Villa, and José Antonio García and to report on the actions adopted to investigate the incidents justifying the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

16. On March 5, 2004, meeting in the framework of its 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.

17. On March 18, 2004, the IACHR granted precautionary measures in favor of 108 inmates in the Maximum Security Prison at Kilometer 14, district of Palo Gordo, Municipality of Girón, Department of Santander. Available information indicates that the members of the different armed groups operating outside of the law and common prisoners are forced to live together in the prison’s yards, which has led to situations of violence against the inmates and their relatives. In view of the situation of the beneficiaries, who are under the custody of prison authorities, the Commission requested the Colombian Government to adopt the necessary measures to separate the prison population so as to prevention situations that might jeopardize the life or personal safety of the prisoners in the Maximum Security Prison at Kilometer 14 in the district of Palo Gordo. The Commission continues to monitor the situation of the beneficiaries.

18. On May 19, 2004, the IACHR granted precautionary measures in favor of Álvaro Vélez Carriazo, José Luis Páez Romero, Manuel Hernández Sibaja, Rubén Álvarez Soto, Rosario Figueroa Mendoza, members of the Board of Directors of SINTRAUNICOL, Córdoba Subdirectorate; Jesús Emel Amaranto Cantillo, Jesús Ballesteros Correa, Concepción Elena Amador Ahumada, Regina Josefa Cogollo Jiménez, José Gabriel Flórez Barrera, Manuel de Jesús Cortina Núñez, and Álvaro Antonio Sánchez Carballo, members of the Board of Directors of ASPU, Córdoba Section, in the Department of Córdoba. Available information indicates, inter alia, that on November 14, 2003, the AUC sent to the headquarters of the National Board Directors of SINTRAUNICOL a communiqué declaring that 15 directors of the trade union are military targets, including the Chair of the University Section of Córdoba and the national directorate from this university. Risk Report No. 006 of the Office of the National Human Rights Ombudsman on February 6, 2004 confirms that the professors, workers, and retired staff who have reported the influence exerted by self-defense groups in the University have been declared allies of the insurgents and therefore are liable to threats. In addition, on May 5, 2004, a public debate was held in Congress, with support from the officers of SINTRAUNICOL and ASPU, on crimes perpetrated by the AUC in the Department of Córdoba, which has increased the risk for the leaders threatened by the Commander of the AUC-ACCU, Salvatore Mancuso. In view of the situation of the beneficiaries, the Commission requested the Colombian State to adopt the necessary measures to protect the life and personal safety of Álvaro Vélez Carriazo, José Luis Páez Romero, Manuel Hernández Sibaja, Rubén Álvarez Soto, Rosario Figueroa Mendoza, Jesús Emel Amaranto Cantillo, Jesús Ballesteros Correa, Concepción Elena Amador Ahumada, Regina Josefa Cogollo Jiménez, José Gabriel Flórez Barrera, Manuel de Jesús Cortina Núñez, and Álvaro Antonio Sánchez Carballo and to report on the actions adopted in order to clarify the threats justifying the implementation of precautionary measures. The Commission continues to monitor the situation of the protected persons.

19. On August 2, 2004, the CIDH adopted precautionary measures in favor of Guillermo Rodríguez Moreno, John Jairo Iglesias Salazar, Carmen Elisa Rodríguez Hernández, and Héctor Mendoza Pareja in the Municipality of Cajamarca, Department of Tolima, area affected by the presence of gunmen. Available information indicates that the beneficiaries have been the victims and/or witnesses of various acts of violence or harassment that have affected them directly or have affected their relatives: Guillermo Rodríguez Moreno was allegedly the target of threats and harassment after the disappearance and death of his brother, Marco Antonio Rodríguez Moreno, on November 6, 2003 by members of the AUC who also wore bracelets of the Pijaos Battalion of the Sixth Brigade of the Army; Carmen Elisa Rodríguez Hernández–daughter of the murder victim Marco Antonio Rodríguez Moreno and niece of Guillermo Rodríguez Moreno—who had witnessed the arrest and kidnapping of her father, was allegedly the target of threats after she made statements at the Office of the Governor of Tolima, the Office of the Attorney General, and other state bodies; John Jairo Iglesias Salazar was allegedly arrested in his home and taken by armed men bearing identification of both the Army and the AUC, on November 2, 2003, and later released after which he was the target of harassment for having made a statement about his kidnapping and torture; Héctor Mendoza Pareja is the father of Albeiro Mendoza Reyes and Norberto Mendoza Reyes and grandfather of Christian Mendoza Urueña, six months of age, all fatal victims of the events that took place on April 10, 2004 in the District of Anaime (Corregimiento de Anaime), which involved members of the Sixth Brigade of the Army. In view of the situation of the beneficiaries, the Commission requested the Colombian Government to adopt the necessary measures to guarantee the life and physical integrity of Guillermo Rodríguez Moreno, John Jairo Iglesias Salazar, Carmen Elisa Rodríguez Hernández, and Héctor Mendoza Pareja and their respective families and to report on the actions adopted in order to clarify by judiciary and/or disciplinary action the incidents justifying the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

20. On August 6, 2004, the IACHR issued precautionary measures in favor of Esperanza Delgado Motoa, President of the Cali Subdirectorate of ASONAL Judicial, and her family. Available information indicates that the beneficiaries have been the targets of death threats and harassment because of the trade union work of Dr. Delgado Motoa. In view of the situation of the beneficiaries, the Commission requested the Colombia State to adopt the necessary measures to guarantee the life and physical integrity of Esperanza Delgado Motoa and her family and to report on the actions adopted to overcome the circumstances justifying the adoption of the precautionary measures.

21. On August 17, 2004, the IACHR granted precautionary measures to 35 families living in the districts of La Reliquia, La Nohora, Ciudad Porfía, Antonio Pinilla, El Rodeo and Playa Rica of the city of Villavicencio, who have been victims of murder, disappearance, stigmatization, and threats after their displacement from the municipality of Castillo in the region of Ariari. Available information indicates that the displaced persons are scattered in a series of districts living in misery and/or marginal conditions and under the control of the same paramilitary-type structures that led to their displacement from the municipality of Castillo, on the border of the former zone of détente. In view of the situation of the beneficiaries, the Commission requested the Colombian Government to adopt the necessary measures to guarantee the life and physical integrity of the 35 families displaced from Ariaria who are now living in the districts of La Reliquia, La Nohora, Ciudad Porfía, Antonio Pinilla, El Rodeo, and Playa Rica of the city of Villavicencio, with the intervention of the Office of the Human Rights Ombudsman and the Office of the Attorney General; to provide the beneficiaries who have the status of internally displaced persons with the humanitarian assistance required, in the light of the Governing Principles of Internal Displacements and domestic law; and to report on the actions adopted to judicially clarify the incidents that justify the adoption of precautionary measures. The Commission continues to monitor the situation of the protected families.

22. On September 23, 2004, the IACHR granted precautionary measures in favor of Mariana Epinayú, Carmen Cuadrado Fincé, Débora Barros, and Karmen Ramírez, women leaders of the Wayúu indigenous people in the Department of La Guajira. Available information indicates that during the past three years, the Wayúu indigenous community has sustained acts of violence by paramilitary groups led by “Jorge 40,” with the collaboration or acquiescence of State agents. The petitioners claim that some of the so-called “leaders” (spokeswomen for Wayúu families with national and international entities) have been the target of threats against their life and personal safety as a result of their reports. Among them are Mariana Epinayú, Carmen Cuadrado Fince, Débora Barros Fince, and Karmen Ramírez Boscán, leaders and relatives of indigenous men who were murdered or missing as a result of a massacre perpetrated on April 18, 2004, who have been the target of threats and harassment. In view of the situation of the beneficiaries, the Commission requested the Colombian Government to adopt the necessary measures to guarantee the life and physical integrity of Mariana Epinayú, Carmen Cuadrado Fincé, Débora Barros, and Karmen Ramírez; and to report on the actions adopted to put an end to the situation justifying the adoption of precautionary measures, including judicial proceedings that might be relevant. On November 16, 2004, the IACHR extended the precautionary measures to include Roland Fince Uriana, Ana Julia Fince Uriana, Telemina Barros Cuadrado, José Miguel Barros Fince, and Katty Fince Uriana. The Commission continues to monitor the situation of the protected persons.

23. On October 14, 2004, the IACHR granted precautionary measures in favor of Holmes Enrique Fernández, Jorge Salazar, and other members of the Cauca Association of Displaced Persons of Naya (Asociación Caucana de Desplazados del Naya--ASOCAIDENA), which, since December 2003, brought together 70 families of displaced persons of African descent, indigenous people, and colonizers who survived the massacre perpetrated on April 12, 2001 in Alto Naya. Available information indicates that the members of ASOCADEINA–now relocated in La Laguna, Timbío, Department of Cauca—have been the target of threats against their life and personal safety by members of paramilitary groups operating in the zone and that, on September 30, 2004, Holmes Enrique Fernández and Jorge Salazar were the targets of an ultimatum by paramilitary groups, indicating that the time had come to settle scores with the leaders of the association for their activity in the zone. In view of the situation of the beneficiaries, the Commission requested the Colombian Government to adopt the measures necessary to guarantee the lives and physical integrity of Holmes Enrique Fernández, Jorge Salazar, and other members of ASOCAIDENA and to report on the actions adopted for the purpose of putting an end to the incidents justifying the adoption of precautionary measures. The Commission continues to monitor the situation of the protected persons.

24. On October 22, 2004, the IACHR adopted precautionary measures in favor of Mery Naranjo Jiménez and her family and Socorro Mosquera Londoño, members of the Community Action Board (Junta de Acción Comunal) of the Independencias III district of Commune 13 of the city of Medellín. Available information indicates that on October 7, 2004, Ms. Mery Naranjo witnessed the murder of Ana Teresa Yarce, prosecutor of the same Community Action Board to which she belongs, after which she had to leave her home for security reasons. A few days later, unknown persons approached her daughter to intimidate her. In view of the situation of the beneficiaries and the context of violence and intimidation against the social leaders of Commune 13 of Medellín by paramilitary groups, the Commission requested the Colombian Government to adopt the measures necessary to guarantee the lives and physical integrity of Mery Naranjo Jiménez, Alba Mery Naranjo, Sandra Janneth Naranjo, Alejandro Naranjo, Juan David Naranjo, and Socorro Mosquera Londoño and to report on the actions adopted to clarify and put an end to the threats justifying the adoption of the precautionary measures. The Commission continues to monitor the situation of the protected persons.

25. On October 29, 2004, the Commission granted precautionary measures in favor of Francisco Eladio Ramírez Cuellar, Chairman of SINTRAMINERCOL and a prominent attorney known for his investigative work and defense of the rights of workers and indigenous communities, campesinos, and Afro-Colombians. Available information indicates that the offices of SINTRAMINERCOL were the target of a series of assaults and harassment. On October 10, 2004, Mr. Ramírez was the victim of an armed assault at the corner of Calle 49 and Carrera 15 in the city of Bogotá, which he survived unharmed by shielding himself behind electricity and telephone poles and preventing the assassin from hitting him. In view of the situation of the beneficiary and the context of violence against trade union workers and human rights defenders by paramilitary groups, the Commission requested the Colombian Government to adopt the necessary measures to guarantee the life and physical integrity of Francisco Eladio Ramírez Cuellar and to report on the actions adopted to clarify judicially the incidents justifying the adoption of precautionary measures. The commission continues to monitor the situation of the beneficiary.

Ecuador

26. On February 27, 2004, the IACHR granted precautionary measures in favor of Mr. Leonidas Iza, President of the Confederation of Indigenous Nations of Ecuador (Confederación de las Nacionalidades Indígenas del Ecuador—CONAIE) and his family. Available information indicates that on February 1, 2004, Mr. Iza and members of his family were victims of an armed assault at CONAIE headquarters, as a result of which they were severely injured. In view of the risk for the beneficiaries, the Commission requested the Ecuadorian State to adopt measures to protect the life and physical integrity of Mr. Leonidas Iza and his family. The Commission continues to monitor the situation of protected persons.

27. On October 19, 2004, the IACHR granted precautionary measures in favor of Luis Alberto Sabando Véliz. Available information indicates that Luis Alberto Sabando Véliz allegedly disappeared on September 29, 2004 in the city of Quevedo, while he was handcuffed and in the custody of four police officers of the Provisional Detention Center of the city of Quevedo. In view of the situation, the IACHR requested the Ecuadorian State to adopt the necessary measures to protect the life, safety, personal freedom, and right to due process of law of the beneficiary and to report on the actions undertaken to determine his whereabouts. The Commission continues to monitor the situation of the protected person.

Guatemala

28. On January 29, 2004, the IACHR granted precautionary measures in favor of Antonio Gómez Castaño and his wife Clelean Marilú Izaguirre Pinula de Gómez. Available information indicates that Mr. Gómez Castaño and his family have been the targets of telephone threats, persecution, threats, and other acts of intimidation, presumably for his on the files of the dissolved Presidential Military Staff. In view of the situation, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and personal safety of Mr. Antonio Gómez Castaño and his family. The Commission continues to monitor the situation of the protected persons.

29. On February 9, 2004, the IACHR granted precautionary measures in favor of Fermín Ramírez in the context of Case No 12.403, referring to the alleged violation of the rights to life, due process of law, and judicial protection, enshrined in Articles 4, 8, and 25 of the American Convention, as a result of the decision of March 6, 1998 of the Court of Criminal Sentencing, Narcotic Activities and Crimes of Escuintla whereby Mr. Ramírez was convicted and sentenced to death. Available information indicates that, on January 8, 2004, the Constitutional Court had allowed an appeal on the ground that Mr. Ramírez’s sentence was unconstitutional, without ordering the provisional suspension of the execution of the death penalty given to Mr. Ramírez. As a consequence, his execution could be scheduled at any time by the judge of execution of sentences. In view of the situation, the Commission requested the Guatemalan State to suspend Mr. Ramírez’s execution on the basis that his petition was pending before the inter-American system, in order to avoid depriving any decision by the Commission of its effectiveness. On September 12, 2004, Case 12.403 was referred to the jurisdiction of the Inter-American Court, and on December 3, 2004, the representatives of the beneficiary requested the adoption of provisional measures in favor of Mr. Ramírez. In response, the President of the Court adopted a Resolution on December 21, 2004 (see below the section on matters pending before the Inter-American Court).

30. On February 17, 2004, the IACHR granted precautionary measures in favor of Orlando Blanco Lapola, director and spokesperson for the National Human Rights Coordinator of Guatemala. Available information indicates that Mr. Lapola has been the target of repeated death threats, an illegal search of the offices where he works, and intimidation on a public highway, because of his activity as a defender of human rights and the steps taken to promote the establishment of the Commission for the Investigation of Clandestine Security Corps and Devices (Comisión de Investigación de Cuerpos y Aparatos Clandestinos de Seguridad—SICIACS) in 2002 and 2003. In view of risk to the beneficiary, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and physical integrity of Mr. Blanco and to report on the actions undertaken to investigate the incidents and the threats made against him. The Commission continues to monitor the situation of the protected person.

31. On February 27, 2004, the IACHR granted precautionary measures in favor of Rafael Castillo Gándara and his attorney, Walter Robles. Available information indicates that Mr. Gándara Castillo has been the target of persecution and death threats by members of the Attorney General’s Office, where his ex-wife worked under the orders of the Attorney General at the time, Carlos David de León Argueta. Although the Presidential Military Staff and the Human Rights Prosecutor arranged for the adoption of perimeter security measures in favor of Messrs. Gándara Castillo and Robles, they continued to be the targets of threats and persecution. In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the measures necessary to protect the life and personal safety of Messrs. Gándara Castillo and Robles and to report on the actions undertaken to investigate the threats made against them. The Commission continues to monitor the situation of the protected persons.

32. On May 26, 2004, the Commission granted precautionary measures in favor of Héctor Ramírez Rubio, Jorge Vinicio Ramírez Rubio, Byron Alejandro Ramírez Rubio, Carol Stephanie Gudiel Morales, Blanca Estela Gudiel Morales, Ronald Estuardo Gudiel Morales, Mynor Iván Gudiel Morales, Carmen Roxana Morales de Gudiel, and Ronald Gudiel Morales. Available information indicates that the beneficiaries have been the targets of death threats and other acts of intimidation, in retaliation for a complaint filed against Efraín Ríos Montt and his followers because of the death of the journalist Héctor Ramírez Rubio. This death took place in a context of violence on July 24-25, 2003 when hooded mobs armed with sticks and stones protested in the streets of Guatemala City to support the registration of Efraín Ríos Montt as a candidate in the presidential elections. In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and personal safety of the above-mentioned persons and to report on the actions undertaken to investigate the threats made against them. The Commission continues to monitor the situation of the protected persons.

33. On September 17, 2004, the IACHR granted precautionary measures in favor of Ana Luz Chuga Tathuite, Magda Elena Chuga Tahuite and their families. Available information indicates that the beneficiaries have been the target of death threats after they reported injuries to Ms. Chuga Tahuite, who was attacked by three men on June 19, 2004. It is claimed that no measures have been taken to determine the juridical status of the individuals allegedly responsible for the assault, despite the testimony of the affected person and even though the life and physical integrity of the beneficiary and her family are in imminent danger after she made the corresponding report. In view of the risk to the beneficiaries, the Commission requested the Guatemalan State to adopt the measures necessary to protect the life and physical integrity of Ana Luz Chuga Tathuite, Magda Elena Chuga Tahuite, and their families and to report on the actions undertaken to investigate the threats made against them. The Commission continues to monitor the situation of the protected persons.

34. On October 18, 2004, the IACHR granted precautionary measures in favor of Alexander Toro, Legal Aid of the Department Prosecutor’s Office of Retaluelo, and his family. Available information indicates that Mr. Alexander Toro has been the target of death threats after his intervention as a mediator between the occupants, owners, and public authorities in the search of a peaceful solution to the occupation of the Nueva Linda Farm. The farm was taken over by 1,800 campesinos in October 2003 after the murder of the leader Héctor René Reyes Pérez, and they were evicted on August 31, 2004, in episodes of violence that left 11 dead. In view of the risk to the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and personal safety of the beneficiaries and to report on the actions undertaken to investigate the threats made against him. The Commission continues to monitor the situation of the protected persons.

35. On October 29, 2004, the IACHR granted precautionary measures in favor of Edgard Orlando Acajabón Morales, Luis Mario Morales Mejía, Marvin Guillén, Fredy Rodas, Julio Rodas, Mynor Toj, Luis Romero, and Gerardo Montenegro, journalists associated with the news reports “Nuestro Diario” and “Cable DX”. Available information indicates that the journalists had been the targets of threats and assaults after they had witnessed violence in the eviction from the Nueva Linda Farm on August 31, 2004. In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the lives and physical integrity of the beneficiaries and to report on the actions undertaken to investigate the threats made against them. The Commission continues to monitor the situation of the protected persons.

36. On November 24, 2004, the IACHR granted precautionary measures in favor of 62 children held in the Juvenile Center of Provisional Confinement. The ruling on the necessity of precautionary measures was based on on-site observations made by the Commission’s Rapporteurs for Children and Detained Persons – Commissioners Paulo Sérgio Pinheiro and Florentín Meléndez — between November 18 and 20, 2004. On this occasion, information was gathered directly indicating that the physical and psychological safety and health of the confined children were severely threatened by the treatment of the staff and system and the unhealthy conditions of the solitary confinement cells. In view of the situation, the Commission requested the Guatemalan State to adopt the measures necessary to protect the lives and physical integrity of the beneficiaries, including measures aimed at preventing retaliation by the prison staff against the inmates and to report on the actions undertaken to investigate the facts and put an end to the assaults against the incarcerated children. The Commission continues to monitor the situation of the protected children.

Haiti

37. On January 13, 2004, the IACHR granted precautionary measures in favor of Professor Henri Marge Dorleans, member of the Toussaint Louverture Center. Available information indicates that Professor Dorleans had been the target of threats and intimidation after his participation in a December 10, 2003 political debate on the human rights situation in Haiti. It is alleged that, as a result of the threats that he received, he had to seek shelter and that on December 13, 2003, his neighbors were questioned about the activities in the Toussaint Louverture Center. In view of the risk to the beneficiary, the Commission requested the Haitian State to adopt the measures necessary to protect the life and physical integrity of Mr. Dorleans and to report on the actions undertaken to investigate the facts and the threats made against him. The Commission continues to monitor the beneficiary’s situation.

Honduras

38. On June 8, 2004, the IACHR granted precautionary measures in favor of the human rights defender Andrés Pavón Murillo, Executive Director of CODEH. Available information indicates that Mr. Pavón Murillo has been the target of threats and harassment because of his activities as a human rights defender and that the public has been called upon on television and radio to take his life and the lives of his family, so as to dissuade him from continuing “to defend delinquents.” In view of the risk for the beneficiaries, the Commission requested the Honduran State to adopt measures to protect the life and physical integrity of Mr. Pavón Murillo and his family. The Commission continues to monitor the situation of the protected persons.

Mexico

40. On September 27, 2004, the IACHR granted precautionary measures in favor of Raúl Javier Gatica Bautista, member of the Organizational Board of the Ricardo Flores Magón Oaxaca People’s Indigenous Council. Available information indicates that Mr. Gatica Bautista has been the target of threats and harassment because of his work defending the human rights of the indigenous peoples of Oaxaca, which had allegedly undermined official, political, and paramilitary groups interests. In view of the risks to the beneficiary, the Commission requested the Mexican State to adopt measures to protect Mr. Raúl Javier Gatica Bautista’s life and physical integrity and the free exercise of his activities as a human rights defender. The State and the beneficiaries have reported on agreements reached concerning measures of protection. The Commission continues to monitor the situation of the protected person.

Paraguay

41. On October 12, 2004, the IACHR granted precautionary measures in favor of the members of the Kelyenmagategma Indigenous Community of the Enxet People. Available information indicates that, on August 29, 2004, members of this community had allegedly been displaced by force from their ancestral land, through the actions of individuals who destroyed their homes and working tools. The Petitioners allege that the displaced persons are living in deplorable conditions and that their personal safety is in imminent danger. In view of the situation, the IACHR requested the Paraguayan State to adopt precautionary measures necessary to protect the lives and physical integrity of the members of the Kelyenmagategma Indigenous Community of the Enxet People, to provide humanitarian support to the displaced persons and guarantee their prompt return to their ancestral land, and to report on the actions undertaken to clarify the facts justifying the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

On August 5, 2011, the IACHR lifted these precautionary measures.

42. On November 15, 2004, the IACHR granted precautionary measures in favor of Mr. Felipe Nery Páez Mauro and his family. Available information indicates that Mr. Felipe Nery Páez Mauro has been the target of threats and other acts of harassment–supposedly related to legal proceedings—and that he has not received protection from the authorities, although a legal order was issued for this purpose. In view of the risks to the beneficiary and his family, the Commission requested the Paraguayan State to adopt measures to protect the life and personal safety of Mr. Nery Páez Mauro and his family. The Commission continues to monitor the situation of the protected persons.

Peru

43. On August 2, 2004, the IACHR granted precautionary measures in favor of Luis Alberto Ramírez Hinostroza and his family. Available information indicates that the beneficiary has been the target of threats and assaults against his physical integrity and that of his family, because he is a victim and witness in a legal proceeding that is being processed in the Fourth Criminal Court of Huancayo. In view of the risk, the Commission requested the Peruvian State to adopt measures to protect the life and physical integrity of Mr. Luis Alberto Ramírez Hinostroza and his family. On August 30, 2004, when the precautionary measures were in force, Mr. Hinostroza was shot in the abdomen as a result of a criminal attempt on his life, which took place close to his home. On September 2, 2004, the Commission transmitted to the Peruvian State a communiqué expressing concern about the above-mentioned criminal attempt and requested immediate and effective observance of the precautionary measures granted in favor of Mr. Hinostrosa. The Commission continues to receive information about the situation of the beneficiaries.

44. On August 17, 2004, the IACHR granted precautionary measures in favor of Oscar González Anchurayco and members of the Community of San Mateo de Huanchor. Available information indicates that the living conditions, health, food, farming and livestock of five indigenous campesino communities, comprised of more than 5,000 families, would be severely affected by deposits from an open-air mine in the vicinity of the Rimac River. The studies conducted by the Department of Environmental Health of the Ministry of Health conclude that the cumulative power and chronic effect of arsenic, lead, and cadmium in the deposits generated a high risk of exposure for the communities of the zone; that environmental pollution is affecting the health of the dwellers of the communities; and that children are suffering from very high levels of lead concentration in their blood. In view of the risks to the beneficiaries, the Commission granted precautionary measures to protect the life and personal safety of Oscar González Anchurayco and the members of the Community of San Mateo de Huanchor. Likewise, the Commission requested the Peruvian State to implement a health assistance and care program for the population, particularly for children, to identify the persons who might have been affected by the consequences of pollution and provide the relevant medical care; and to begin transferring the deposits in accordance with the best technical conditions as determined by the relevant environmental impact study.

Suriname

45. On November 11, 2004, the IACHR granted precautionary measures in favor of Mr. Luis Miguel Sánchez Aldana, who is imprisoned in the penitentiary Penitendiare Inristing. Available information indicates that Mr. Sánchez Aldana suffers from complete occlusion of the aorta and gangrene in the lower limbs, which are jeopardizing his life because of his state of health. In view of the risk to the beneficiary, the Commission requested the Government of Suriname to adopt the necessary measures to provide adequate medical care to Mr. Luis Miguel Sánchez Aldana, while he is under custody of penitentiary authorities. The Commission continues to monitor the situation of the protected person.

United States

46. On March 31, 2004, the Commission granted precautionary measures in favor of Gregory Thompson in the context of petition P194-2004, which alleged violations of Mr. Thompson’s rights under Articles I, XVII, XVIII and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Thompson was sentenced to death in Tennessee in 1985 and they challenged his conviction and sentence before the Commission on the basis that Mr. Thompson was mentally ill and based upon alleged irregularities in his criminal proceedings. The petitioners also indicated that Mr. Thompson was scheduled to be executed on August 19, 2004. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Thompson’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Thompson’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On June 24, 2004, the State informed the Commission that, in its view, the Commission did not have the authority to request that the State adopt precautionary measures. On August 8, 2004 and September 15, 2004, the State and the Petitioners, respectively, informed the Commission that on June 23, 2004, the United States Court of Appeals for the Eighth Circuit had stayed Mr. Thompson’s execution pending further domestic legal proceedings.

47. On May 10, 2004, the Commission granted precautionary measures in favor of Marlin Gray in the context of petition P396-04, which alleged violations of Mr. Gray’s rights under Article I of the American Declaration of the Rights and Duties of Man. According to the petitioners, Mr. Gray was sentenced to death on December 3, 1992 in the state of Missouri, and they challenged Mr. Gray’s death sentence before the Commission on the basis that the state did not restrict the application of the death penalty to crimes of exceptional gravity and that Mr. Gray did not personally commit the murder for which he was condemned but rather was convicted as an accomplice. Further, the petitioners indicated that Mr. Gray had exhausted all domestic remedies and that Missouri was expected to set an execution date in the very near future. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Gray’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Gray’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On June 30, 2004, the State informed the Commission that its request had been forwarded to the Attorney General of Missouri. On November 9, 2004, the petitioners informed the Commission that on October 4, 2004, the U.S. Supreme Court rejected a petition for a writ of certiorari filed on Mr. Gray’s behalf and that an execution date could be set at any time. In light of this information, on November 16, 2004 the Commission reiterated its request to the United States for precautionary measures in favor of Mr. Gray. On November 24, 2004, the State again informed the Commission that its request had been submitted to the Governor and Attorney General of Missouri.

48. On June 28, 2004, the Commission granted precautionary measures in favor of Robert Karl Hicks in the context of petition P580-04, which alleged violations of Mr. Hicks’ rights under Articles XVIII and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Hicks was sentenced to death on January 17, 1986 in the state of Georgia and they challenged his conviction and sentence before the Commission on the basis that he had been detained on death row for 18 years since his conviction, that he was not provided with adequate time and facilities for the preparation of his defense, and that he was not given adequate legal representation at trial. The petitioners also indicated that Mr. Hicks’ execution was scheduled to take place on June 30, 2004. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Hick’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Hick’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On June 30, 2004, the State informed the Commission that its request for precautionary measures had been forwarded to the Attorney General of Georgia. The Commission subsequently received information that on July 1, 2004, Mr. Hicks was executed.

49. On July 7, 2004, the Commission granted precautionary measures in favor of Troy Albert Kunkle in the context of petition P607-04, which alleged violations of Mr. Kunkle’s rights under Articles I, XVIII, XXV and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Kunkle was sentenced to death in the state of Texas on February 26, 1985 and they challenged his sentence before the Commission on the basis that he had been on death row since January 17, 1986, that he was not provided with adequate legal representation in the investigation and presentation of mitigating evidence at trial, and that the domestic courts had failed to grant Mr. Kunkle discovery or an evidentiary hearing in order to prove the factual basis for his constitutional claims. The petitioners also indicated that Mr. Kunkle was scheduled to be executed on July 7, 2004. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Kunkle’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Kunkle’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On July 13, 2004, the State informed the Commission that its request had been forwarded to the Governor, Attorney General and Board of Pardons and Parole of Texas. In a subsequent note dated August 8, 2004, the State informed the Commission that on July 7, 2004, the U.S. Supreme Court issued a stay of Mr. Kunkle’s execution pending the disposition of his petition for a writ of certiorari before that Court, and that, if his petition was denied, under Texas law Mr. Kunkle would receive 30 days notice of the new execution date.

50. On November 12, 2004, the Commission granted precautionary measures in favor of three beneficiaries, Warren Wesley Summerlin, Jeffery Timothy Landrigan and Richard Michael Rossi, in the context of petition P1177-04, which alleged violations of the beneficiaries’ rights under Articles I, II, XVIII, and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that the beneficiaries had been sentenced to death in the state of Arizona and they challenged their death sentences before the Commission on the basis that the beneficiaries had been arbitrarily denied the benefit of a decision of the U.S. Supreme Court that declared as unconstitutional the proceedings under which they had been sentenced to death. The petitioners also indicated that the three beneficiaries were awaiting rulings by the U.S. Court of Appeals for the Ninth Circuit, that the post-conviction consideration of appeals in U.S. death penalty cases is neither orderly nor predictable, and that execution dates could be set on short notice once the Ninth Circuit issued its decision. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve the three beneficiaries’ lives pending the Commission’s investigations into the allegations in their petition, on the basis that their executions would render any eventual decision by the Commission ineffective and cause them irreparable harm. On November 30, 2004, the State informed the Commission that its request had been forwarded to the Governor and Attorney General of Arizona.

Venezuela

51. On March 11, 2004, the IACHR granted precautionary measures in favor of the president and director of the community broadcasting station Máxima 104.3 FM, Víctor López Yépez and Adda Pérez. Available information indicates that on March 2, 2004, a group of approximately 30 persons, presumably belonging to the “Gente de Petróleo” organization, armed with sticks and stones, assaulted the journalists Víctor López Yépez and Adda Pérez while returning from work. Likewise, the Petitioners indicate that they had received threats of arson on various occasions at the main office of the radio station. They allege that the threats were reported to the National Guard, the Regional Police, and the Police Institute of Cabimas, although no response has been forthcoming. In view of the risks to the beneficiaries, the IACHR requested the Venezuela State to adopt the measures necessary to protect the lives and physical integrity of the journalists as well as the installations of the radio station, and to report on the actions undertaken to clarify the facts justifying the adoption of precautionary measures. The Commission continues to monitor the situation of the protected persons.

52. On June 22, 2004, the IACHR granted precautionary measures in favor of Ms. Eloisa Barrios and her family. Available information indicates that the beneficiaries are the target of constant threats and intimidation because of their reports of the assassination of their relative, Narciso Barrios, which was presumably committed by state agents. The Petitioners point out that, on June 19, 2004, Jorge Barrios and Oscar Barrios–relatives of Ms. Eloisa Barrios—had been arrested by a police commission and threatened with death, after which Jorge and Oscar Barrios were kicked in the face and body. In view of the risks to the beneficiaries, the IACHR requested the Venezuelan State to adopt the necessary measures to protect the life and physical integrity of Ms. Eloisa Barrios and her relatives. After being apprised of the violent death of one of the beneficiaries of the precautionary measures, the Commission requested the Inter-American Court to adopt provisional measures in accordance with Article 63(2) of the American Convention. The provisional measures were granted on September 24, 2004 (see section below on questions pending before the Inter-American Court).