Kankuamo Indigenous People
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In 2009 the Commission regularly presented its comments on the State’s reports concerning the measures ordered on July 5, 2004, for members of the Kankuamo indigenous people, to protect their lives, humane treatment, cultural identity and special relationship to their ancestral lands.
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On April 3, 2009, the Court handed down an order confirming the obligation on the part of the State with respect to these provisional measures. The text of the order can be found (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/kankuamo_se_03.pdf
e. Dominican Republic
Haitians and Dominicans of Haitian origin in the Dominican Republic
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In 2009 the Commission expressed concern over the lack of information. It also submitted its periodic comments to the State’s reports on the measures adopted for the beneficiaries of the provisional measures ordered, all of whom are Haitians or Dominicans of Haitian origin subject to the jurisdiction of the Dominican Republic and who face the threat of collective “expulsion” or “deportation.” The Court ordered those measures on August 18, 2000.
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On February 2, 2006, the Court issued an order in which it expanded the scope of the protective measures ordered back on August 18, 2000, and resolved that the State was to keep the measures already ordered in place and make immediate provision for any other measures needed to effectively protect the beneficiaries’ lives and humane treatment. The text of the order is available at: http://www.corteidh.or.cr/docs/medidas/haitianos_se_06_ing.doc.
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The President handed down an order on May 19, 2008 convening a hearing for the Inter-American Court to be informed on the implementation and effectiveness of the provisional measures. The aforementioned private hearing was held by the Court on July 8, 2009.
f. Ecuador
Sarayaku Indigenous People
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In 2009, the Commission submitted its comments on the State’s reports concerning the measures ordered by the Court on June 6, 2004, on behalf of the members of the Kichwa people of Sarayaku, intended to protect their lives, humane treatment, their right to freedom of movement and their special relationship to their ancestral lands. In its comments the Commission specifically observed that the situation that justified the adoption of provisional measures still exists, particularly the need to remove explosive materials from the indigenous people’s lands.
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The measures were confirmed on June 17, 2005, subsequent to a public hearing held with the parties in Asunción, Paraguay, on May 11, 2005. The orders in question are available at the following links: http://www.corteidh.or.cr/docs/medidas/sarayaku_se_02.doc (in Spanish) and http://www.corteidh.or.cr/docs/medidas/sarayaku_se_01_ing.doc.
g. El Salvador
Gloria Giralt de García Prieto et al.
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In 2009, the Commission submitted periodic comments to the Court on the Salvadoran State’s reports regarding the measures ordered by the Court on September 26, 2006 at the Commission’s request. The provisional measures were ordered to protect the lives and humane treatment of some of Mr. Ramón Mauricio García Prieto Giralt’s next of kin and some of his legal advisors and members of the Human Rights Institute of the Central American University. These measures are in connection with the case being litigated before the Court and decided by the Court in its judgment on preliminary objections, merits, reparations and costs, dated November 20, 2007 (see “Contentious Cases”, below). The text of the order for these provisional measures is available at: http://www.corteidh.or.cr/docs/medidas/giralt_se_03_ing.doc.
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Concerning the fact that the provisional measures remained in force subsequent to the issuance of the judgment on the merits, see, also, the judgment on interpretation that the Court delivered on November 24, 2008.
Major Meléndez Quijano et al.
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In 2009, the Commission submitted to the Court periodic comments on the Salvadoran State’s reports on the provisional measures the Court ordered on May 12, 2007 at the Commission’s request. The text of the order of provisional measures is available at: http://www.corteidh.or.cr/docs/medidas/melendez_se_02_ing.doc.
h. Guatemala
Bámaca Velásquez
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In 2009, the Commission submitted information and comments on the provisional measures originally ordered on June 30, 1998, and whose purpose today is to protect the life and humane treatment of the following persons: Santiago Cabrera López, Alfonso Cabrera Viagres, María Victoria López, Blanca Cabrera, Carmenlinda Cabrera, Teresa Aguilar Cabrera, Olga Maldonado, Carlos Alfonso Cabrera, José León Bámaca Hernández, Egidia Gebia Bámaca Velásquez, Josefina Bámaca Velásquez, Alberta Velásquez, Rudy López Velásquez and other members of the Bámaca Velásquez family who make their permanent home in Guatemala; Emerita Mendoza, Wendy Pérez Álvarez, Sulni Madeli Pérez Álvarez, José Oswaldo Pérez Álvarez, Jacobo Álvarez, José Pioquinto Álvarez, Alez Javier Álvarez, Germán Aníbal de la Roca Mendoza, Kevin Otoniel de la Roca Mendoza, Blanca Noelia Meléndez, Aron Álvarez Mendoza and his family and other members of the family of Mr. Otoniel de la Roca Mendoza who make their permanent home in Guatemala, pursuant to the terms of the Court’s most recent order, issued on March 11, 2005, confirming that the measures are to remain in force. See “Contentious Cases,” below.
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On November 11, 2008, the President handed down an order convening a hearing for the purpose of informing the Inter-American Court regarding the implementation and effectiveness of the provisional measures, as well as regarding the request for the lifting of these measures submitted by the State. The aforementioned private hearing was held on January 20, 2009.
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On January 27, 2009 the Court handed down an order confirming the obligation on the part of the State regarding these provisional measures. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/bamaca_se_10.pdf.
Carpio Nicolle
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In 2009, the Commission supplied information and comments in connection with the provisional measures ordered in this case since July 4, 1995. The purpose of the measures was, inter alia, to protect the lives and humane treatment of Mrs. Martha Arrivillaga de Carpio and Mrs. Karen Fischer and of Messrs. Jorge and Rodrigo Carpio Arrivillaga, Abraham Méndez García and his wife and children, and of the adolescents Rodrigo and Daniela Carpio Fischer, should they return to Guatemala. See “Contentious Cases,” below.
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On November 18, 2008, the President handed down an order convening a hearing for the purpose of informing the Inter-American Court regarding the implementation and effectiveness of the provisional measures, as well as regarding the request for the lifting of these measures submitted by the State. The aforementioned private hearing was held on January 20, 2009.
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On July 6, 2009 the Court handed down an order confirming the obligation on the part of the State with respect to these provisional measures. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/carpio_se_13.doc
Guatemalan Forensic Anthropology Foundation
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At the Commission’s request, on July 4, 2006 the Court ordered provisional measures to protect the life and humane treatment of the members of the Guatemalan Forensic Anthropology Foundation and the next of kin of its Executive Director, Mr. Fredy Armando Peccerelli Monterroso. Since then, the Commission has presented its comments on the information supplied, and has requested the Court to order the State to implement, immediately and effectively, all measures necessary to protect the life and humane treatment of the beneficiaries. The text of the July 4 order is available at: http://www.corteidh.or.cr/docs/medidas/antropo_se_02_ing.doc.
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On January 26, 2009, the Court handed down an order confirming the obligation on the part of the State regarding these provisional measures. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/antropo_se_05.pdf
Helen Mack et al.
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In 2009, the Commission submitted periodic comments on the State’s reports. The provisional measures were ordered on August 26, 2002, to protect the life and humane treatment of the family of Mrs. Myrna Mack Chang and the members of the Myrna Mack Foundation, Mrs. Iduvina Hernández and Mr. Jorge Guillermo Lemus Alvarado and their families. See “Contentious Cases,” below.
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On January 26, 2009, the Court handed down an order confirming the obligation on the par of the State regarding these provisional measures and lifted them for three beneficiaries. The order is available at: http://www.corteidh.or.cr/docs/medidas/mackchang_se_05_ing.pdf
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On August 14, 2009, the President handed down an order summoning the parties to a private hearing to be held at the Court’s headquarters on October 1, 2009.
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A public hearing was held on October 1, 2009, during the Court’s 84th regular session, for it to receive updated information from the parties on the process of implementation of these measures; participating were the Commission, the beneficiaries’ representatives, and the State.
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The Court handed down an order on November 16, 2009, in which it confirmed the obligation on the part of the State regarding these provisional measures, and lifted them for some beneficiaries. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/mackchang_se_06.pdf
Plan de Sánchez Massacre (Community Studies and Psychosocial Action Team “ECAP”)
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In 2009, the Commission presented its comments on the State’s reports concerning these measures, which are related to the petition lodged on October 15, 2006, by the Human Rights Legal Action Center, asking the Court to adopt provisional measures to ensure Guatemala’s protection of the lives and humane treatment of the members of the NGO “Community Studies and Psychosocial Action Team” (ECAP), who are assisting with the process of securing reparations for the victims and survivors of the Plan de Sánchez Massacre (see “Contentious Cases,” below). On November 25, 2006, the Court issued an order fully confirming the order of October 20, 2006, in which the President of the Court granted the requested measures. The text of the orders can be found at: http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_04.doc (in Spanish) and http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_05_%20ing.doc.
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The Court handed down an order on July 8, 2009, lifting the provisional measures. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/plandesanchez_se_07.pdf
Raxcacó et al.
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In 2009, the Commission continued to submit its periodic comments on the State’s reports concerning the provisional measures that the Court ordered in this matter on August 30, 2004, to stay the execution of the death penalty that the Guatemalan courts imposed on Bernardino Rodríguez Lara (the current beneficiary). The provisional measures are intended to protect his life and humane treatment until such time as the proceedings on his case within the inter-American system are completed.. On May 9, 2008, the Court issued an order in which it confirmed the State’s obligations vis-à-vis these provisional measures. It also decided that the measures need not be expanded to include other persons sentenced to death in Guatemala. The text of the order is available at the following link: http://www.corteidh.or.cr/docs/medidas/Raxcaco_se_07_ing.doc.
i. Haiti
A.J. et al.
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The Inter-American Commission submitted a request for provisional measures on August 14, 2009, for Haiti to protect the life and humane treatment of A. J., of her mother, J. L., and four persons, members of the organization Action Citoyenne pour le Respect des Droits Humains [Citizen Action for the Respect of Human Rights]. The request for these measures was based, inter alia, on the following facts: (i) A. J. had been raped by a police officer when she was visiting her father who was in custody. (ii) After the rape was reported, the aforementioned persons were the victims of several acts of harassment and persecution by police officers. (iii) After precautionary measures were granted by the Commission, A. J., her family and ACREDH continued to be threatened and harassed.
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On August 24, 2009, the President of the Court handed down an order for urgent measures to be taken to protect the life and integrity of A. J., J. L., Sterlin Joudain, Michelet Laguerre, Pierre Luc Sael and André Junior Laurore. The text of this order can be found (in French) at: http://www.corteidh.or.cr/docs/medidas/aj_se_01_fr.pdf and (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/aj_se_01.pdf. On September 21, 2009, the Court ratified the President’s order and expanded the measures to include the next of kin of Sterlin Joudain, Michelet Laguerre, Pierre Luc Sael and André Junior Laurore. The text of the order can be found (in French) at: http://www.corteidh.or.cr/docs/medidas/aj_se_02_fr.pdf and (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/aj_se_02.pdf
j. Honduras
López Álvarez et al.
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During 2009 the Commission submitted its comments on the provisional measures the Court ordered on September 21, 2005, to protect the life and humane treatment of Mr. Alfredo López Álvarez, Mrs. Teresa Reyes Reyes and Mrs. Gregoria Flores Martínez, and the latter’s mother and children. The beneficiaries had appeared at a hearing held by the Court on June 28, 2005, as witnesses in the case of López Álvarez et al.See “Contentious Cases,” below. The order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/lopez_se_01.doc.
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On January 26, 2009, the Court handed down an order lifting the provisional measures. The text of the order is available at: http://www.corteidh.or.cr/docs/medidas/lopez_se_02_ing.pdf.
Kawas Fernández
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At the request of the representatives of the victim and her next of kin in the case of Kawas Fernández, which is now before the Inter-American Court, on November 29, 2008 the Court issued an order for provisional measures in which it called upon Honduras to adopt forthwith whatever measures are needed to effectively protect the life and humane treatment of Dencen Andino Alvarado and to guarantee that he will not be persecuted or threatened for testifying in the investigation conducted by the authorities into the murder of Blanca Jeannette Kawas Fernández. The order in question is available (in Spanish) at the following link: http://www.corteidh.or.cr/docs/medidas/kawas_se_01.doc.
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Over the year 2009 the Commission submitted its observations regarding these provisional measures.
k. Mexico
Inés Fernández Ortega et al.
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On April 7, 2009 the Commission submitted a request to the Court for provisional measures in favor of Inés Fernández Ortega and her next of kin, Obitlia Eugenio Manuel and her next of kin, 41 members of the Organización del Pueblo Indígena Tlapaneco [Indigenous Organization of the Tlapanec People], 29 members of the Organización de la Montaña Tlanichollan [Organization of the Tlachinollan Mountain], as well as the next of kin of Mr. Raúl Lucas Lucía and Mr. Manuel Ponce Rosas. This request was based, inter alia, on the facts that (i) the Mexican State had not adequately implemented the necessary measures to protect the life and humane treatment of the beneficiaries of the precautionary measures, and had not been fully diligent regarding the duty to investigate the facts that motivated it, (ii) the beneficiaries and the next of kin of defenders who had been made to disappear and executed had received death threats and harassment, and (iii) state agents had made statements against human rights defenders.
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On April 9, 2009, the President of the Court handed down an order for urgent measures in favor of Inés Fernández Ortega et al.This order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/fernandez_se_01.pdf On April 30, 2009, the Court confirmed the urgent measures. This order is available at: http://www.corteidh.or.cr/docs/medidas/fernandez_se_02_ing.pdf Subsequently the Commission submitted its observations on the provisional measures.
Pérez Torres et al. ("Campo Algodonero")
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The aforementioned provisional measures are related to the contentious case of González et al.(see infra). On April 23, 2009 the representatives petitioned the Court to order provisional measures to guarantee the life and safety of the witness Pérez Torres and her next of kin, since there were “grounds for fear and grave imminent danger due to said testimony.”
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On April 24, 2009 the President of the Court handed down an order for urgent measures in favor of Rosa Isela Pérez Torres and her immediate next of kin. This order is available (in Spanish) at: http://www.corteidh.or.cr/docs/medidas/algodonero_se_021.pdf. On July 6, 2009, the Court ratified the urgent measures. This order is available at: http://www.corteidh.or.cr/docs/medidas/algodonero_se_01_ing.pdf Subsequently the Commission submitted its observations regarding the provisional measures.
l. Peru
Gómez Paquiyauri
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At the Commission’s request, the Court ordered provisional measures in the Case of Gómez Paquiyauri (see “Contentious Cases,” below) to protect the life and humane treatment of the following: Ricardo Samuel Gómez Quispe, Marcelina Paquiyauri Illanes de Gómez, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri, Jacinta Peralta Allccarima, Ricardo Emilio, Carlos Pedro, and Marcelina Haydée, all by the surname Gómez Paquiyauri, and the minor Nora Emely Gómez Peralta. The Court also decided to order the State to adopt forthwith the measures necessary to protect the life and humane treatment of Mr. Ángel del Rosario Vásquez Chumo and the members of his family.
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On January 22, 2009 the Court handed down an order lifting the provisional measures that had been mandated by the Inter-American Court of Human Rights in its orders of May 7, 2004, September 22, 2006, and May 3, 2008, regarding Mr. Ángel del Rosario Vásquez Chumo and his next of kin. The text of this order can be found at: http://www.corteidh.or.cr/docs/medidas/gomez_se_04_ing.pdf
Ramírez Hinostroza et al.
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In 2009, the Commission continued to submit its comments regarding the measures the Court ordered in this case back on September 21, 2004, to protect the life and humane treatment of Mr. Luis Alberto Ramírez Hinostroza, his family and his attorneys. The text of the most recent order, dated May 17, 2007, is available at: http://www.corteidh.or.cr/docs/medidas/Ramirez_se_02_ing.doc.
m. Trinidad and Tobago
Dottin et al. (before James et al.)
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On April 3, 2009, the Court handed down an order lifting the provisional measures regarding the following beneficiaries: Wenceslaus James, Anthony Garcia, Darrin Roger Thomas, Haniff Hilaire, Denny Baptiste, Wilberforce Bernard, Naresh Boodram, Clarence Charles, Phillip Chotolal, George Constantine, Rodney Davis, Natasha De Leon, Mervyn Edmund, Alfred Frederick, Nigel Mark, Wayne Matthews, Steve Mungroo, Vijay Mungroo, Wilson Prince, Martin Reid, Noel Seepersad, Gangadeen Tahaloo, Keiron Thomas, Samuel Winchester, Peter Benjamin, Amir Mowlah, Allan Phillip, Krishendath Seepersad, Narine Sooklal, Mervyn Parris y Francis Mansingh, and substituted the examination of the State’s obligations as to these victims with the assessment applicable within the framework of the supervision of compliance with the Hilaire, Constantine and Benjamin et al.Judgment. The Court also decided to maintain the measures to protect the life and humane treatment of eight persons who were not part of the case of Hilaire, Constantine and Benjamin et al.for an additional period of at least six months, after which the Court would examine the possibility of lifting them.
n. Venezuela
Carlos Nieto Palma et al.
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On January 26, 2009 the Court handed down an order lifting the provisional measures. The order is available at: http://www.corteidh.or.cr/docs/medidas/nieto_se_05_ing.pdf
Eloisa Barrios et al.
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In 2009, the Commission submitted to the Court information and comments concerning the provisional measures ordered in this matter. At the Commission’s request, the Court ordered provisional measures on November 23, 2004, to protect the life and humane treatment of the following persons: Eloisa Barrios, Jorge Barrios, Rigoberto Barrios, Oscar Barrios, Inés Barrios, Pablo Solórzano, Beatriz Barrios, Caudy Barrios, Carolina García and Juan Barrios, all eye witnesses and/or complainants in the investigations into the murder of Narciso Barrios. The parties alleged to be responsible for the murder are agents of the State. In 2005, while the provisional measures were in effect, Rigoberto Barrios was shot nine times and killed. In addition, on November 28, 2009, Oscar Barrios was allegedly murdered by police officers of the State of Aragua.
Guerrero Gallucci and Martínez Barrios
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The Commission submitted, over the year 2009, information and observations regarding the provisional measures pertaining to this matter, adopted on July 4, 2006 at the Commission’s request for said measures on behalf of Ms. María del Rosario Guerrero Gallucci and Mr. Adolfo Segundo Martínez Barrios. In its order, the Court required the State to immediately adopt the necessary provisional measures to protect the rights to life and humane treatment of Ms. Guerrero Gallucci and Mr. Martínez Barrios; to investigate the facts that prompted the adoption of these measures of protection and to take the appropriate steps for these measures to be planned and implemented with the participation of the beneficiaries or their representatives. On November 29, 2007, the Court handed down an order in which it (i) lifted the provisional measures for Mr. Adolfo Segundo Martínez Barrios, (ii) ordered the State to continue to implement the measures it may have adopted and to immediately adopt those necessary to effectively protect the rights to life and to humane treatment of the beneficiary, and (iii) required the State to perform all relevant actions so that the measures of protection ordered be planned and implemented with the participation of the beneficiary or her representatives. This order is available at: http://www.corteidh.or.cr/docs/medidas/guerrero_se_02_ing.pdf
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