PRECAUTIONARY MEASURES 2005

1.        Precautionary measures granted by the IACHR during 2005

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 January 18, 2005, the IACHR granted precautionary measures in favor of María Leontina Millacura Llaipen and her family, Gerardo Colin, Patricio Oliva, Tamara Bolívar, Walter Mansilla, Silvia de los Santos, Verónica Heredia, and the family of Iván Eladio Torres. The IACHR’s decision was based on information indicating that Mr. David Alberto Hayes, then serving a prison sentence at the town hall of the city of Comodoro Rivadavia, had suffered threats and attacks against his physical integrity, presumably because he was a witness in the trial being conducted into the disappearance of 26-year-old Iván Eladio Torres on October 2, 2003. On January 17, 2005, Mr. David Alberto Hayes died in unclear circumstances. Similarly, other witnesses and family members had suffered intimidation and attacks, also presumably in connection with the search for justice in the disappearance of Iván Torres. In light of this situation, the IACHR asked the Argentine State to adopt the measures necessary to ensure the lives and personal integrity of the beneficiaries. On January 21, 2005, the IACHR amplified the precautionary measures in favor of Juan Pablo Caba and Miguel Ángel Sánchez, and on January 25, 2005, further amplified the measures in favor of the members of the Hayes family, in both instances at the petitioners’ request. The Commission continues to monitor the situation of the protected individuals, whose representatives have met with the State on several occasions to examine issues relating to the precautionary measures.

BOLIVIA

12.       On March 11, 2005, the IACHR granted precautionary measures in favor of the Tacana indigenous community of Miraflores (Riberalta), a group comprising 53 families (270 people) settled on Multiethnic Indigenous Territory II (“TIM II”) in Gonzalo Moreno municipality of Madre de Dios province, Pando department, in the Northern Amazon region of Bolivia, and on behalf of members of the Center for Juridical Studies and Social Investigation (CEJIS). The information available indicates that on December 17, 2004, armed individuals attacked and violently evicted 50 members of the Miraflores indigenous community, set fire to their homes, made threats against them, and occupied a part of the community’s land. Subsequently, on January 5, 2006, thirty armed individuals with ties to the Riberalta Agroforestry Association (ASAGRI) forcibly entered the offices of the CEJIS, made death threats, and ransacked and destroyed office equipment and documents that proved the existence of a large estate in the Northern Amazon region. During this incident the armed individuals gave the CEJIS a deadline of “48 hours to get out of Riberalta” and threatened to harm Cliver Rocha, the person responsible for the office, if he ever returned to the municipality. In light of the risks facing the beneficiaries, the IACHR asked the Bolivian State to adopt the measures necessary to ensure the lives and personal integrity of the Tacana and Cavineño indigenous community of Miraflores (Riberalta) and to guarantee the physical integrity of CEJIS members Carlos Gustavo Romero Bonifaz, Leonardo Tamburini, Ignacio Franco Semo, Mónica Lijerón Aponte, Mabel Herrera Montaño, Leslie Peñarrieta Justiniano, Juan Carlos Mérida Romero, and Margot Céspedes, including the installation of a police guard post for the indigenous community during the nut harvest and a permanent police guard post at the offices of CEJIS in the municipalities of Riberalta (Beni department) and Cobija (Pando department). The Commission also asked the State to conduct an exhaustive investigation of the reported acts of intimidation and threats. On May 11, 2005, the IACHR requested that the precautionary measures be amplified in favor of Cesar Blanco Álvarez and Oscar Vargas Herrera, two lawyers connected with the CEJIS office in Santa Cruz de la Sierra. The Commission continues to monitor the situation of the beneficiaries.

BRASIL

COLOMBIA

13.        On January 18, 2005, the IACHR granted precautionary measures in favor of the journalists Ricardo Gálvez, Aníbal Ortiz and Germán Galviz (or Galvis). The available information indicates that these journalists host a program on Radio Lemas in the city of Cúcuta that addresses issues of law and order and hosts debates on matters of corruption and insecurity in the department of Santander, and that as a consequence they have received death threats and other forms of harassment. It is alleged that on January 11, 2005, the journalist Julio Humberto Palacios was murdered while traveling to the radio station. Given the risks facing the beneficiaries, the Commission asked the Colombian Government to adopt the measures necessary to protect the lives and personal integrity of the journalists Ricardo Gálvez, Aníbal Ortiz, and Germán Galviz (or Galvis), and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

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

15.      On May 5, 2005, the Commission granted precautionary measures to protect the offices of the Macizo Integration Committee (CIMA) in the municipality of Popayán, in order to ensure the safety of workers employed on those premises. The information available indicates that the CIMA’s members have been singled out and threatened due to their work in support of rural communities. Particular emphasis was placed on the security situation of one of the members, Mr. Miguel Fernández, who received death threats on several occasions during March and April 2005 at the CIMA’s offices in Popayán, and to whom the State provided a personal security system. Given the risks facing the beneficiaries, the Commission asked the Colombian Government to adopt the measures necessary to ensure the safety of the CIMA’s facilities in Popayán and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

16.      On October 31, 2005, the Commission granted precautionary measures in favor of Arquimedes Vitonás, Ezequiel Vitonás, Gilberto Muñoz Coronado, Gabriel Pavi, Nelson Lemus, Plinio Trochez, Miliciades Musice, Oscar Cuchillo, and Alciades Escué, all of whom are leaders of the North Cauca Association of Municipal Councils. The information provided indicates that the Nasa people of the north of the Department of Cauca, and in particular their leaders, have been targeted by acts of violence and threats from belligerents in the armed conflict taking place in that area and have been singled out by the Colombian army. Given the risks facing the beneficiaries, the Commission asked the Colombian Government to adopt the measures necessary to protect the lives and personal integrity of Arquimedes Vitonás, Ezequiel Vitonás, Gilberto Muñoz Coronado, Gabriel Pavi, Nelson Lemus, Plinio Trochez, Miliciades Musice, Oscar Cuchillo, and Alciades Escué, and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

17.         On November 16, 2005, the Commission granted precautionary measures in favor of Mrs. Mercedes Ochoa López, an eye-witness to the death of the minor child Nicolás Neira in an incident that occurred in the city of Bogotá on May 1, 2005 and involved members of the security forces. The information available indicates that after giving a statement to the Office of the Prosecutor General, Mrs. Ochoa López was followed and harassed on repeated occasions during the months of July and August 2005. On September 13, 2005, the IACHR asked the State to provide information on Mrs. Ochoa López’s situation and, after receiving its reply, forwarded it to the requesting petitioners for their comments. The petitioners reported in their reply of November 9, 2005, that the acts of harassment against the witness Mercedes Ochoa López were still occurring. Given the risks facing the beneficiary, the Commission asked the Colombian Government to adopt the measures necessary to protect the life and personal integrity of Mrs. Mercedes Ochoa López and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiary.

ECUADOR

18.     On February 24, 2005, the IACHR granted precautionary measures on behalf of Orlando Pérez Torres, Antonio Ricaurte, Paco Velasco, Patricio Acosta, Blasco Peñaherrera Solah, Diego Guzmán, and Maria Paula Romo, all of whom are journalists with Radio La Luna in Ecuador. The information available indicates that these individuals had suffered death threats, attacks, and assaults on their lives because of their journalism work. Given the risks facing the beneficiaries, the Commission asked the Ecuadorian State to adopt the measures necessary to protect the life and personal integrity of the journalists Orlando Pérez Torres, Antonio Ricaurte, Paco Velasco, Patricio Acosta, Blasco Peñaherrera Solah, Diego Guzmán, and Maria Paula Romo. On May 26, 2005, the Commission asked the Ecuadorian Government to amplify the precautionary measures in favor of Luis Ramiro Poso, Patricia Perez Duque, Ataulfo Tobar, Henry Ochoa, William Perez, Erica Castro, Jonny Pinargote, Mary de Pinargote, and Argeni Pinargote, all of whom are employees of La Luna, after an incident in which men armed with sticks and iron bars caused a disturbance in front of the radio station. The Commission continues to monitor the situation of the beneficiaries.

19.       On March 10, 2005, the IACHR granted precautionary measures in favor of Enrique Ayala Mora, a member of the National Congress. The information available indicates that this congressional deputy has been the object of reprisals, presumably for his public criticisms of the current situation in the State. Specifically, on March 5, 2005, Mr. Ayala Mora was attacked in the street when three gunshots hit his vehicle, wounding him in the neck, waist and one hand. Given the risks facing the beneficiary, the Commission asked the Ecuadorian Government to adopt the measures necessary to protect the life and personal integrity of Enrique Ayala Mora and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiary.

20.       On December 22, 2005, the IACHR granted precautionary measures in favor of the lawyers and human rights defenders Alejandro Ponce Villacís, Ermel Chávez, Pablo Fajardo, and Luis Yanza. The information available indicates that the beneficiaries had suffered acts of harassment and threats, and that their office had been broken into and robbed due to their professional work on one high-profile case. Given the risks facing the beneficiaries, the Commission asked the Ecuadorian Government to adopt the measures necessary to protect the lives and personal integrity of Alejandro Ponce Villacís, Ermel Chávez, Pablo Fajardo, and Luis Yanza, and to inform the Commission of the steps taken to investigate the incidents that gave rise to the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

GUATEMALA

21.       On March 17, 2005, the IACHR granted precautionary measures in favor of Nancy Nineth Melgar Reyes de González and her family. The information available indicates that on January 5, 2005, the National Civilian Police and the Criminological Investigation Service raided the home of Nancy Nineth Melgar Reyes de González’s parents, Edwin Antonio Orozco and Elida Argentina Reyes García. It is alleged that this raid was carried out without the corresponding court order and with violence and threats, and that during the incident documents relating to the forced disappearance of César Geovani Guzmán Reyes were confiscated. On February 4, 2005, Messrs. Edwin Antonio Orozco and Elida Argentina Reyes García were murdered in their home by unidentified assailants. Members of the fire brigade found them bound and suffering from gunshot wounds to their heads. In light of these circumstances, the IACHR asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of Mrs. Nancy Nineth Melgar Reyes de González and her family. The Commission continues to monitor the situation of the beneficiaries.

22.      On July 19, 2005, the IACHR granted precautionary measures in favor of Nery Roberto Barrios de León, the president and legal representative of the Popular and Trade-Union Action Unit, UASP, Jovial Acevedo Ayala, a representative of the Union of Education Workers of Guatemala, STEG, and Walter Robles, an attorney-at-law and legal advisor to the UASP. The information available indicates that Messrs. Nery Roberto Barrios de León, Jovial Acevedo Ayala, and Walter Robles had been harassed and had received a series of threats to their lives and physical integrity. Additionally, the headquarters of the Union of Education Workers of Guatemala was raided by unidentified persons between June 25 and 26, 2005. During that raid, information concerning the organized teachers’ movement in Guatemala, which had been stored on computers since 1989, was removed from the premises. Given the risks facing the beneficiaries, the IACHR asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of Nery Roberto Barrios de León, Jovial Acevedo Ayala, and Walter Robles, and to inform the Commission of the steps taken to clarify the incident through judicial mechanisms. The Commission continues to monitor the situation of the beneficiaries.

23.      On October 31, 2005, the IACHR granted precautionary measures in favor of the members of the Madreselva Collective in Guatemala. The information available indicates that the members of this group have been slandered, intimidated, threatened, and attacked on account of their activities in defending and protecting the environment. Given the risks facing the beneficiaries, the Commission asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of the members of the Madreselva Collective, including the assignment of police officers to guard their headquarters, and to investigate threats and harassment reported in the request for precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

24.       On November 7, 2005, the IACHR granted precautionary measures in favor of Aura Lolita Chávez Ixcaquic, the representative in El Quiché department of women’s organizations to the Departmental Development Council, Pedro Chávez Terrasa, Auxiliary Mayor of Xemamatze village and representative of the local authorities of Nebaj, José Raymundo Cedillo, a member of the Heath Commission of Saquil Grande village, Andrés Hermoso De León, a representative of traders from Santa María Nebaj, Manuela Cedillo Brito, a member of the women’s organization of Nebaj, Diego Rivera Santiago, a representative of the “Integral Victims Movement” association in northern Quiché (municipalities of Nebaj, Cotzal, Chajul), Pedro Brito Guzaro, an evangelical pastor, Domingo Brito Raymundo, a member of the Security, Justice, and Human Rights Commission in El Quiché department, Teresa Santiago De León, a member of the indigenous women’s organization of Nebaj, Tomás Ceto López, president and legal representative of the Ixil Civil Association for Community Social Development, and Francisco Raymundo Hernández, president and legal representative of the Maya Defense Office. The information available indicates that on September 21, 2005, the eleven beneficiaries were traveling to Guatemala City in order to discuss the situation in Nebaj municipality with judicial authorities and the Public Prosecution Service. Subsequently and by various means, the Mayor of Nebaj municipality began to make a series of threats, some of which targeted the beneficiaries’ lives and personal integrity, in order to dissuade them from continuing to publicize a number of alleged irregularities in the municipal administration. Given the risks facing the beneficiaries, the Commission asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of Aura Lolita Chávez Ixcaquic, Pedro Chávez Terrasa, José Raymundo Cedillo, Andrés Hermoso de León, Manuela Cedillo Brito, Dieto Rivera Santiago, Pedro Brito Guzaro, Domingo Brito Raymundo, Teresa Santiago de León, Tomás Ceto López, and Francisco Raymundo Hernández, and to investigate the incidents that led to the adoption of the precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

25.      On November 16, 2005, the IACHR granted precautionary measures in favor of Leonel Enrique Véliz Franco, José Roberto Sandoval, Cruz Elvira Sandoval Polanco, and Rosa Elvira Franco Sandoval, all of whom are relatives of María Isabel Véliz Franco, who disappeared on December 16, 2001, and whose body appeared several days later with signs of torture and other serious violence. The information available indicates that Leonel Enrique Véliz Franco, José Roberto Sandoval, Cruz Elvira Sandoval Polanco, and Rosa Elvira Franco Sandoval had been targeted with acts of harassment. Given the risks facing the beneficiaries, the Commission asked the Guatemalan State to adopt the measures necessary to protect the lives and personal integrity of Leonel Enrique Véliz Franco, José Roberto Sandoval, Cruz Elvira Sandoval Polanco, and Rosa Elvira Franco Sandoval, and to investigate the incidents that led to the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

26.       On December 23, 2005, the IACHR granted precautionary measures in favor of the detainees being held at the National Civilian Police substation in the municipality of Sololá in Guatemala. The information available indicates that detention conditions at this facility are poor and include overcrowding, the absence of drinking water, extensive spreading of diseases, and a lack of proper medical care for inmates, and that these conditions are compounded by the risk of riots and associated deaths of detainees as a result of potential clashes between rival groups. Although the Commission recognized that the State of Guatemala had taken various medium and long-term steps to improve the situation both in Sololá department and at the national level, the IACHR decided that the adoption of urgent measures was necessary to protect the lives and personal integrity of the detainees held at the National Civilian Police substation in Sololá department. The Commission continues to monitor the situation of the beneficiaries.

HAITI

27.        On August 12, 2005, the IACHR granted precautionary measures in favor of six human rights defenders, Mr. Jean Enock Joseph, General Coordinator, Mr. Jean Ronald Registre, Assistant Coordinator, Mrs. Marie Guenine Noel, Assistant Secretary General, Mr. Michel Ange Louisus, Public Relations, Mr. Jean Hislain Frederic, and Mr. Donald Regis Fils, all of whom are members of the human rights organization Collectif des Notables de Cite Soleil (CONOCS). CONOCS is a human rights group working with the community of Cite Soleil, one of the largest slum areas in Port-au-Prince that has also witnessed an acute rise in violent crimes by armed gunmen who have assumed control over this neighborhood in the absence of state security forces. Available information indicates that CONOCS members have been the target of death threats and intimidation by gang members due to CONOCS public criticism of gang violence in Cite Soleil. CONOCS members alleged that they were being persecuted and actively pursued by gang members and they further alleged that they have been forced to abandon their homes in Cite Soleil and seek refuge in a town outside of the city. In view of the situation of the beneficiaries, the Commission asked the Haitian Government to take measures to guarantee the life and personal integrity of CONOCS members and to inform the Commission on the measures taken by the government. The Commission continues to monitor the situation of the beneficiaries.

28.                  On August 31, 2005, the IACHR granted precautionary measures in favor of Mr. Johel Dominique, an examining judge in the town of Jeremie. According to the request, during the night of March 1, 2005 Judge Dominique was the target of an armed attack by unidentified gunmen while asleep in his home. Judge Dominique survived the attack unharmed. The judge claimed that again, on July 15, 2005, suspicious individuals were seen encircling his home at night, but fled when others in the neighborhood called out to them. According to information available, Judge Dominique reported this incident to authorities but no action had been taken to apprehend the perpetrators. In view of the situation of the beneficiary and the ongoing state of impunity for crimes in Haiti, the Commission requested the Haitian government to adopt the necessary measures to guarantee the life and personal integrity of Judge Dominique and to report on the actions taken on behalf of the beneficiary. The Commission continues to monitor the situation of the beneficiary.

MEXICO

29.       On January 14, 2005, the IACHR granted precautionary measures in favor of Obtilia Eugenio Manuel and others. The information available indicates that Mrs. Obtilia Eugenio Manuel is a member of the Me Phaa (Tlapaneco) people, a resident of the community of Barranca de Guadalupe, and is known for her commitment over recent years in defending and promoting indigenous rights in the Mexican state of Guerrero. In addition, apparently due to her advocacy work, she has been targeted over the years by a series of threats. Specifically, during December 2004, Mrs. Obtilia received written threats and was monitored and harassed, and these activities continued into January 2005. Given the risks facing the beneficiaries, the Commission asked the Mexican Government to adopt the measures necessary to protect the lives and personal integrity of Obtilia Eugenio Manuel and others, and to inform the Commission of the steps taken to investigate the incidents that gave rise to the request for precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

30.       On October 31, 2005, the IACHR granted precautionary measures in favor of Ericel Gómez Nucamendi and an additional 116 workers with the daily newspaper Noticias, Voz e Imagen de Oaxaca. The information available indicates that members of the staff at the paper have received constant threats, directly and by telephone, in apparent retaliation for their work as a media outlet that criticizes Oaxaca state policies. These threats have escalated into acts of violence and harassment. In light of the background to this case, the Commission asked the Mexican State to adopt the measures necessary to guarantee the lives, personal integrity, and freedom of expression of Ericel Gómez Nucamendi and 116 employees of the newspaper Noticias, Voz e Imagen de Oaxaca, and to investigate the incidents that led to the adoption of precautionary measures. During its visit to Mexico in August 2005, an IACHR delegation met in Oaxaca with representatives of the petitioners and government authorities in order to receive up-to-date information on the request. The Commission continues to monitor the situation of the beneficiaries.

31.        On July 29, 2005, the Commission granted precautionary measures in favor of Antonio Jacinto López Martínez. The information available indicates that on October 24, 2004, Mr. López Martínez was appointed mayor of the municipality de San Martín Itunyoso, Tlaxiaco, Oaxaca for the 2005-07 period under the system of uses and customs. Mr. López Martínez received death threats, warning him not to attend the swearing in ceremony, and he consequently did not report to assume office on the established date. Subsequently, when he attempted to take office, Mr. López Martínez and the people with him were targeted with gun shots and a total of four people were killed. On July 25, 2005, Mr. López Martínez was stopped by two individuals and his life was again threatened. Given the risks facing the beneficiary, the Commission contacted the Mexican Government to request the adoption of the measures necessary to protect the life and personal integrity of Antonio Jacinto López Martínez and the investigation of the incidents that led to the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

32.        On October 17, 2005, at its 123rd session, the IACHR granted precautionary measures on behalf of Jorge Castañeda Gutman. The information available indicates that on March 12, 2004, the Federal Electoral Institute notified Mr. Castañeda Gutman that he could not be registered as a political candidate on the basis that, according to the Mexican Constitution, “political parties have the purpose of affording [citizens] access to the exercise of public power and the Federal Code of Electoral Institutions and Procedures (COFIPE) provides that it shall fall exclusively to national political parties to request the registration of candidates for popularly elected offices.” The Inter-American Commission determined that this situation could lead to irreparable damage to the exercise of political rights and consequently asked the Mexican Government to adopt precautionary measures to allow the provisional registration of Mr. Jorge Castañeda Gutman as a candidate for the office of President of the Mexican Republic. Subsequently, on November 15, 2005, having analyzed the situation in light of the comments submitted by Mr. Castañeda Gutman, the IACHR decided to request provisional measures from the Inter-American Court of Human Rights. On November 25, 2005, the Inter-American Court concluded that it was unable to rule on the presence of a cognizable claim and consequently resolved to dismiss the request for provisional measures as inadmissible.

PANAMA

33.        On September 15, 2005, the Commission granted provisional measures in favor of Santander Tristán Donoso in the context of Case 12.360. The information available indicates that Panama’s Attorney General had charged Mr. Tristán Donoso with slander and defamation after he publicly reported in July 1996 that the attorney general’s office had tapped, recorded, and published his telephone calls. The first-instance trial ended with Mr. Donoso’s acquittal but this decision was later overturned and Mr. Donoso was ordered to pay a fine, in default of which he would face imprisonment for 18 months. Consequently, Mr. Donoso’s nonpayment led to an order for his arrest. In light of the situation, the Commission asked the Panamanian State to suspend execution of the sentence (the arrest) until the Inter-American Commission could conclude its examination of the case and adopt the corresponding report on merits, in accordance with the precedent set by the Inter-American Court in the La Nación case, in which an order was issued requiring that execution of a judicial sentence be suspended.

PERU

34.       On June 12, 2005, the IACHR granted precautionary measures on behalf of Carlos Rivera Paz, the attorney defending Luís Ramírez Hinostroza. The information available indicates that the beneficiary had received threats and attacks against his life and personal integrity for publicly assuming the defense of Luís Alberto Ramírez Hinostroza, a witness in proceedings brought against General Pérez Documet for human rights violations. Given the risks facing the beneficiary, the Commission asked the Peruvian State to adopt measures to protect the life and personal integrity of Mr. Carlos Rivera Paz. On July 27, 2005, after learning that the lawyer in question had received no protection whatsoever more than one month after the adoption of the precautionary measures, the Commission asked the Inter-American Court to adopt provisional measures pursuant to Article 63.2 of the American Convention. The provisional measures were granted on November 18, 2005 (see section, infra, on matters pending before the Inter-American Court).

35.       On July 27, 2005, the IACHR granted precautionary measures in favor of Mr. Luis Williams Pollo Rivera, a detainee at the Miguel Castro Castro prison. The information available indicates that Mr. Luis Williams Pollo Rivera suffers from diabetes and kidney disease, and that he lacks adequate medical attention at that detention center. Given the risks facing the beneficiary, the Commission asked the Peruvian Government to adopt the measures necessary to provide Mr. Luis Williams Pollo Rivera with adequate medical attention during the time that he remains in the custody of the prison authorities. The Commission continues to monitor the situation of the beneficiary.

36.       On December 6, 2005, the IACHR granted precautionary measures on behalf of Mrs. Pamela Huaringa Félix. The information available indicates that Mrs. Pamela Huaringa Félix was the target of threats and other forms of harassment, apparently in connection with a case before the courts, and had requested but received no protection from the authorities. Given the risks facing the beneficiary, the Commission asked the Peruvian State to adopt measures to protect the life and personal integrity of Mrs. Pamela Huaringa Félix. The Commission continues to monitor the situation of the beneficiary.

TRINIDAD AND TOBAGO

37.       On June 21, 2005, the Commission granted precautionary measures in favor of Mr. Mark Teeluck in the context of petition P703-05, which alleged violations of Mr. Teeluck’s rights under Articles I, II, XVII, XVIII and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Teeluck was sentenced to death by the High Court of Trinidad and Tobago on July 14, 2000 and they challenged his punishment before the Commission based upon allegations that Mr. Teeluck was sentenced to death under a mandatory sentencing law, that the savings clause under section 6 of the Trinidad and Tobago’s Constitution was inconsistent with fundamental protections under the American Declaration, and that the execution of Mr. Teeluck’s death sentence through hanging and his pre-trial and post-conviction treatment and conditions of detention contravened Mr. Teeluck’s right to humane treatment. The Petitioners also indicated that Mr. Teeluck had exhausted domestic remedies available to him through appeal proceedings and that the reading of his warrant of execution was imminent. In view of these circumstances, the Commission asked the Republic of Trinidad and Tobago to take the urgent measures necessary to preserve Mr. Teeluck’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Teeluck’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. The State did not respond to the Commission’s request for precautionary Measures. The Commission subsequently convened a hearing on Mr. Teeluck’s petition and request for precautionary measures on October 18, 2005 during its 123rd Regular Period of Sessions.

38.      On July 20, 2005, the Commission granted precautionary measures in favor of Mr. Foster Serrette in the context of petition P628-05, which alleged violations of Mr. Serrette’s rights under Articles II, XVII, XVIII and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Serrette was sentenced to death by the High Court of Trinidad and Tobago on May 21, 2001 and they challenged his punishment before the Commission based upon allegations that Mr. Serrette was sentenced to death under a mandatory sentencing law, that his sentence had not been mitigated to life imprisonment in accordance with the decision of the Judicial Committee of the Privy Council in the Matthew Case, that his legal proceedings did not comply with fair trial and due process protections, and that his conditions of detention contravened his right to humane treatment. The information presented also suggested that Mr. Serrette had exhausted domestic remedies available to him and that other death row inmates in Mr. Serrette’s position had been read warrants of execution. In view of these circumstances, the Commission asked the Republic of Trinidad and Tobago to take the urgent measures necessary to preserve Mr. Serrette’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Serrette’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. The State did not respond to the Commission’s request for precautionary measures.

39.       On September 19, 2005, the Commission granted precautionary measures in favor of Mr. Reshi Bissoon in the context of petition P981-05, which alleged violations of Mr. Bissoon’s rights under Articles I, II, XVIII, XXV and XXVI of the American Declaration of the Rights and Duties of Man. The petitioners claimed that Mr. Bissoon was sentenced to death by  the  High  Court  of Trinidad and Tobago on October 29, 1999 and they challenged his punishment before the Commission based upon allegations that Mr. Bissoon was sentenced to death under a mandatory sentencing law, that his sentence had not been commuted to life imprisonment in accordance with the decisions of the Judicial Committee of the Privy Council in the cases of Charles Matthew v. The State and Pratt v. Morgan, that his legal proceedings did not comply with fair trial and due process protections, and that his conditions of detention contravened his right to humane treatment. The petition also stated that Mr. Bissoon had exhausted domestic remedies available to him through appeal proceedings, and that Trinidad and Tobago had taken steps to recommence executing persons on death row in the same position as Mr. Bissoon. In view of these circumstances, the Commission asked the Republic of Trinidad and Tobago to take the urgent measures necessary to preserve Mr. Bissoon’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Bissoon’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. The State did not respond to the Commission’s request for precautionary measures.

UNITED STATES

40.      On August 19, 2005, the Commission granted precautionary measures in favor of Andrea Mortlock in the context of petition P950-05, which alleged violations of Ms. Mortlock’s rights under the American Declaration of the Rights and Duties of Man. The petitioners claimed that Ms. Mortlock was a 41-year-old Jamaican national detained at the Passaic County Jail in Patterson, New Jersey who had lived in the United States since 1979, and has lived with HIV/AIDS since 1989 and suffers from a number of related serious and life-threatening illnesses including neuropathy and extreme wasting. They also claimed that Ms. Mortlock was at imminent risk of deportation to Jamaica and that her life and physical integrity are threatened as a result because many of the drugs that she was receiving were not available in Jamaica at all, because people with HIV/AIDS in Jamaica with visible signs of their illness were unable to receive medical care, were denied access to public and even private transportation, and could be the victims of physical violence, and because Ms. Murdock had no family, doctor, friends or acquaintances in Jamaica, as her entire family resided in the United States. In view of these circumstances, the Commission asked the United States to refrain from deporting Ms. Mortlock to Jamaica pending the Commission’s examination of her petition on the basis that Ms. Mortlock’s deportation would render any eventual decision by the Commission ineffective and would cause irreparable harm. On August 23, 2005, the State informed the Commission that the Commission’s request had been forwarded to the US Department of Homeland Security and to the Passaic County Jail Center in New Jersey.

41.      On November 1, 2005, the Commission granted precautionary measures in favor of Jaime Elizalde, Jr. in the context of petition P1246-05, which alleged violations of Mr. Elizalde’s rights under Article I of the American Declaration of the Rights and Duties of Man. According to the petitioners, Mr. Elizalde was  sentenced to  death in the state of Texas on  April 2, 1997, and they challenged his punishment before the Commission based upon alleged deficiencies in language translation during his trial, discrepancies in ballistics evidence presented at trial, and Mr. Elizalde’s mental capacity to be subjected to capital punishment. The Petitioners also claimed that, with the exception of a pending petition for a stay of execution, Mr. Elizalde had exhausted available domestic remedies and his execution was scheduled to take place on November 2, 2005. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Elizalde’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Elizalde’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On November 2, 2005, the State informed the Commission that its request had been forwarded to the Governor, Attorney General and Department of Corrections of the state of Texas for their consideration. On October 31, 2005, the Petitioners informed the Commission that Mr. Elizalde had been granted a 90 day stay of execution to January 31, 2006.

42.       On February 28, 2005, the Commission granted precautionary measures in favor of Stephen Mobley in the context of petition P187-05, which alleged violations of Mr. Mobley’s rights under Article I of the American Declaration of the Rights and Duties of Man. According to the petitioners, Mr. Mobley was sentenced to death in the state of Georgia on February 16, 1994, and they challenged his punishment before the Commission based upon allegations that the prosecution presented false testimony during the sentencing phase of Mr. Mobley’s trial and that, as a consequence, the reliability of Mr. Mobley’s death sentence was undermined and he had been denied the right to adequate representation and to make an adequate defense. The Petitioners also indicated that Mr. Mobley has exhausted domestic remedies available to him and that his execution was scheduled to take place on March 1, 2005. In view of these circumstances, the Commission asked the United States to take the urgent measures necessary to preserve Mr. Mobley’s life pending the Commission’s investigations into the allegations in his petition, on the basis that Mr. Mobley’s execution would render any eventual decision by the Commission ineffective and cause him irreparable harm. On March 1, 2005, the State informed the Commission that on February 28, 2005, a letter was submitted to the Governor, Attorney General and State Board of Parole and Pardons of the state of Georgia for their consideration, informing them of the Commission’s request. The Commission subsequently received information indicating that Mr. Mobley’s execution took place as scheduled on March 1, 2005.

            VENEZUELA

43.      On October 31, 2005, the Commission granted precautionary measures in favor of Raúl Jose Díaz Peña. The information available indicates that Mr. Díaz has been detained at the Investigations Division of the Intelligence and Prevention Services Directorate (DISIP), El Helicode facility, in Caracas, since February 25, 2004, in cells that lack natural ventilation and have no sources of air or daylight. Given the situation of the beneficiary, the IACHR asked the Venezuelan State to instruct the competent authorities to carry out medical examinations in order to assess the beneficiary’s health and provide him with the specialized treatment he requires, to transfer him to a preventive detention center where he is guaranteed access to decent living conditions, natural light, fresh air, and exercise, and, until he is effectively transferred from the DISIP to a preventive custody facility, to ensure him the guarantees necessary to preserve his physical, mental, and moral integrity. The Commission also asked the State to guarantee that Mr. Díaz would not face reprisals in connection with his proceedings before the inter-American human rights system.