INTER-AMERICAN COURT OF HUMAN RIGHTS

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The Inter-American Court of Human Rights, which has its seat in San José, Costa Rica, was established by the American Convention on Human Rights. It is an autonomous juridical institution of the OAS whose purpose is to interpret and apply that Convention. It has litigious jurisdiction and advisory competence. The Court is made up of seven judges who are elected by the States Parties to the Convention at the General Assembly of the Organization.

Sessions

The Court held its XV Special Session June 19 through 22. During this session it took cognizance of and accepted the resignation of Judge Sonia Picado Sotela (Costa Rica) from the bench and from the office of Vice-President of the Court. Judge Héctor Fix-Zamudio (Mexico) was designated as the Court's new Vice- President, to serve out the term to which Judge Picado Sotela had been elected.
The Court took cognizance of the request filed by the Inter-American Commission on June 20, 1994, seeking interim measures from Guatemala to protect the lives and safety of several witnesses and an attorney in the Colotenango case (No. 11,212, being processed by the Commission). On June 22, 1994, the Court decided to require that the Guatemalan Government immediately institute whatever measures were necessary to protect the lives and safety of those who, according to the Commission, were in peril in order to ensure that the witnesses in question were able to continue to live at their usual place of residence or return to their homes in Colotenango, providing them with assurances that neither government agents nor private parties would persecute or threaten them, and that the attorney in question was able to practice her profession without coercion. It also instructed the Government to inform the Court of the measures it had adopted pursuant to the Court's decision.
Presiding over this session were the following judges: Rafael Nieto Navia (Colombia), President; Héctor Fix-Zamudio (Mexico), Vice-President; Alejandro Montiel Argüello (Nicaragua), Máximo Pacheco Gómez (Chile) and Hernán Salgado Pesantes (Ecuador).
During the Court's thirtieth session, which began November 16 and ended December 10, the following matters were taken up:
In the case of Neira Alegría et al v. Peru, the judges deliberated on the merits of the case and prepared a draft judgment.
In the case of Genie Lacayo v. Nicaragua, a public hearing was held to hear the Inter-American Commission and the Nicaraguan Government present oral arguments on the preliminary objections lodged by the Government.
In the case of Caballero Delgado and Santiago v. Colombia, public hearings were held from November 28 to December 1 to hear testimony on the merits by the witnesses called by the parties. At the Inter-American Commission's request, on December 7, 1994, the Court, based on Article 63.2 of the American Convention, issued a decision ordering the Colombian Government to adopt interim measures to protect the lives and personal safety of a number of witnesses.
A public hearing was held on November 28 to hear the Inter-American Commission and the Guatemalan Government present arguments on the interim measures the Guatemalan Government had been ordered to adopt in the Colotenango case, which the Court then decided to extend for an additional six months.
Advisory Opinion OC-14, requested by the Inter-American Commission on Human Rights and issued by the Court on December 9, 1994, is called "International responsibility for enacting and enforcing laws that violate the Convention (Articles 1 and 2 of the American Convention on Human Rights)".
The Court also discussed administrative and budgetary matters.
On December 9, the Court took up the resignation submitted by Judge Rafael Nieto Navia (Colombia) from the office of President, as his term as a Judge of the Court was slated to expire on December 31, 1994. In accordance with the Court's Rules of Procedure, the Vice-President, Judge Héctor Fix-Zamudio (Mexico), became President of the Court for the remainder of the term to which Judge Nieto Navia had been designated (until July 1995). Judge Hernán Salgado Pesantes (Ecuador) was elected to serve as Vice-President until July 1995. The Secretary of the Court, Manuel E. Ventura Robles (Costa Rica), was re-elected to a second term, which will end in December 1999. Presiding over this session were the following judges of the Court: Rafael Nieto Navia (Colombia), President; Héctor Fix-Zamudio (Mexico), Vice-President; Alejandro Montiel Arguello (Nicaragua), Máximo Pacheco Gómez (Chile) and Hernán Salgado Pesantes (Ecuador).
The Court, whose members are Judges Héctor Fix-Zamudio (Mexico, President), Hernán Salgado Pesantes (Ecuador, Vice President), Alejandro Argüello (Nicaragua), Máximo Pacheco Gómez (Chile), Oliver H. Jackman (Barbados) and Antonio A. Cançado Trindade (Brazil), held its thirty-first regular session from January 16 through 20, 1995. In the case of Maqueda v. Argentina, the Court issued a decision agreeing to the suit's withdrawal. It therefore ordered the case dismissed, although reserved the right to reopen it should the circumstances that led to its withdrawal change. In the amparo case against Venezuela, the Court noted that the Government of Venezuela had acknowledged responsibility. It was established that the controversy that had caused the case had been settled. The Court ruled that Venezuela was obligated to pay damages and fair compensation.
Present for the Court's sixteenth special session, held from January 19 through 27, were its President and Vice President and Judges Rafael Nieto Navia (Colombia), Alejandro Montiel Argüello (Nicaragua), and Máximo Gómez Pacheco (Chile). The Court handed down a judgment in the case Neira Alegría et al v. Peru. It found that because of the violation of several articles of the American Convention on Human Rights, Peru is required to pay fair compensation to the victims' next-of-skin and to reimburse them for the expenses they incurred in the complaints they filed with the national authorities. The Court declared itself competent to take cognizance of the case Genie Lacayo v. Nicaragua, except on the theoretical issue of the compatibility of Decrees 591 and 600 with the Convention.

New case filed with the Court

On May 25, the Inter-American Commission on Human Rights filed a new litigious case with the Inter-American Court, this one against the Republic of Argentina "for the events that began on March 17, 1992, the date on which the Supreme Court of Justice of Argentina denied the Petition of Complaint filed by the victim, Guillermo José Maqueda, when the special appeal he filed with the Federal Court of Appeals of San Martín was denied. Mr. Maqueda was appealing the Federal Court ruling that sentenced him to 10 years' imprisonment and that led to the processing of case No. 11,086 with the Commission.

Other activities

On November 22, ceremonies took place to commemorate the 25th anniversary of the signing of the American Convention, the 35th anniversary of the Inter-American Commission on Human Rights and the 15th anniversary of the installation of the Court in San José, Costa Rica. One of the events was a reception attended by the President of Costa Rica, the Honorable José María Figueres; the Secretary General of the Organization of American States; high-ranking officials in the Costa Rican Government, members of the diplomatic corps and representatives of international organizations.
At the twenty-fourth regular session of the General Assembly, the Court was represented by its President, Judge Rafael Nieto Navia, and its Vice-President, Judge Héctor Fix-Zamudio. On the occasion of the General Assembly, the President of the Court, Judge Fix-Zamudio, and its Secretary met with the Chairman, Vice Chairman, and members of the Inter-American Commission on Human Rights and its Executive Secretary to coordinate the work that the Court and the Commission are doing within the system for the protection of human rights, especially as regards the filing of cases to be litigated before the Court.

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