Precautionary Measures
PM 199-09 - 300 Inhabitants of Puerto Nuevo, Peru
On December 27, 2010, the IACHR called for the adoption of precautionary measures to protect the life and personal integrity of 300 inhabitants of Puerto Nuevo Callao in Peru. According to the information furnished, activities involving the warehousing and transport of lead have seriously compromised the health of 300 inhabitants of the Puerto Nuevo human settlement, and have high levels of that substance in their blood. It is alleged that the lead poisoning victims lack the appropriate medical care in terms of diagnosis, treatment, and prevention of illness. Moreover, it has been noted that the actions undertaken by the State to protect the inhabitants of Puerto Nuevo from the effects of lead poisoning have not been effective in reducing their risk of exposure. Consequently, the Commission required the Peruvian State to adopt the necessary measures with a view to suspending lead warehousing and transport activities in Puerto de Callao until such time as it is able to adopt, inter alia, measures to effectively eliminate the situation of environmental contamination, relocate the population, or provide for an alternative lead warehousing site; to adopt the necessary measures to provide specialized medical diagnostic services for the beneficiaries as well as appropriate and specialized medical treatment to those whose diagnosis indicates a risk of irreparable harm to their personal integrity or life; and to continue adopting the necessary measures to mitigate harm to the environment.
PM 340-10 - Women and girls residing in 22 Camps for internally displaced persons in Port-au-Prince, Haiti
On December 22, 2010, the IACHR granted precautionary measures for all the displaced women and children living in 22 camps for internally displaced persons in Port-au-Prince, Haiti, in the wake of the January 10, 2010 earthquake. The request for precautionary measures alleges a pattern of sexual violence and a series of acts of violence against the women and girls residing in said camps. The Inter-American Commission called on the State to ensure the availability of adequate medical and mental health care for the victims of sexual violence located in accessible areas; to provide adequate security at the camps for internally displaced persons, including the lighting of public spaces, regular patrols within the camps as well as outlying areas, and to increase the presence of female police officers assigned to patrol details and local police precincts; to ensure that the law enforcement agencies tasked with responding to incidents of sexual violence receive the necessary training to respond appropriately to reported cases of sexual violence and provide the necessary security to the camps; to promote the establishment of special investigative police units within the Office of the Attorney General with a view to investigating rape cases and other crimes of sexual violence; and to ensure that grassroots women's groups fully participate in and have a steering role in the planning and implementation of policies and practices aimed at combating and preventing rape and other forms of sexual violence in the camps.
PM 410-10 - Héctor Francisco Lucas Méndez, Guatemala
On December 13, 2010, the Commission requested precautionary measures on behalf of Héctor Francisco Lucas Méndez. According to the information furnished, the beneficiary would be in a situation of risk, presumably due to the opening of proceedings that would result in investigations and trials in the alleged murder of his brother, Junio Maynor Lucas Méndez, which allegedly occurred on August 17, 2010. Specifically, the requesters noted that Mr. Héctor Francisco Lucas Méndez had suffered an attack on his life on September 28, 2010, one day after he had given his statement in the aforementioned legal proceeding. In view of the foregoing, the IACHR requested, inter alia, that the State adopt the necessary measures to protect the life and physical integrity of Héctor Francisco Lucas Méndez, and to investigate the events leading to the adoption of the precautionary measures.
PM 383-10 - John Jairo Palacios, Colombia
On November 23, 2010, the IACHR granted precautionary measures for John Jairo Palacios, in Colombia. The request for precautionary measures alleges that on July 30, 2010, John Jairo Palacios was a victim of forced disappearance, which had reportedly been carried out by paramilitary groups. The IACHR requested information from the State based on its authority under Article XIV of the Inter-American Convention on Forced Disappearance of Persons, but it did not receive information that would clarify his whereabouts. In view of the seriousness and urgency of the allegations and the lack of information on the whereabouts of the allegedly disappeared person, the IACHR granted precautionary measures so as to guarantee the life and humane treatment of John Jairo Palacios. The Commission requested that the State provide information on the whereabouts of John Jairo Palacios, his state of health, and his security situation; that it adopt the necessary measures to ensure the life and physical integrity of John Jairo Palacios; and that it report on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 367-10 - Forced Evictions from Five Camps for Displaced Persons, Haiti
On November 15, 2010, the IACHR granted precautionary measures for the residents of five camps for internally displaced persons in Haiti. The request for precautionary measures alleges that forced evictions were carried out in five encampments created by families that set up tents in open fields, on public or private property, following the destruction of their homes by the earthquake. The Inter-American Commission asked the State of Haiti to adopt a moratorium on the expulsions from the camps for internally displaced persons until a new government can take office; to ensure that those who have been illegally expelled from the camps are transferred to places with minimum sanitary and security conditions; to guarantee that those who have been internally displaced have access to effective remedies in court and before other competent authorities; to implement effective security measures to safeguard the physical integrity of the camps' inhabitants, guaranteeing in particular the protection of women and children; to train security forces on the rights of displaced persons, in particular their right not to be expelled from the camps by force; and to ensure that international cooperation agencies have access to the camps for internally displaced persons.
PM 192-10 - LM, Paraguay
On November 10, 2010, the IACHR granted precautionary measures for LM, in Paraguay. The request for precautionary measures alleges that due to a series of legal proceedings to determine who was responsible for the care and custody of the child LM, his alleged biological relatives had not been able to have access to him. According to the last communications submitted by the petitioners, the Commission understands that the situation continues to this day with no decision that would determine the child's situation, which could lead to his rights being affected in a series of ways. Based on the principle of the best interests of the child, the IACHR granted precautionary measures so as to ensure that the time factor does not become a determining element for the domestic courts, to the detriment of LM's rights. Within this framework, the IACHR asked the State to take the necessary measures to ensure that the proceedings related to the guardianship and custody of the child LM are resolved within a period of three months, and to report on the steps taken to comply with this precautionary measure.
PM 92-10 - Juan Manuel Martínez and Family, Mexico
On November 4, 2010, the IACHR granted precautionary measures for Juan Manuel Martínez Moreno and his family, in Mexico. The request for precautionary measures alleges that Juan Manuel Martínez and his family were the object of threats, were followed, and were subject to acts of harassment since the beginning of 2010, when Juan Manuel Martínez was released from prison. According to information provided by the petitioners, Juan Manuel Martínez was arrested in 2008 for acts connected with the death of U.S. videographer Bradley Roland Will of Indymedia, who was shot to death on October 27, 2006, in Oaxaca. The request indicates that the wife of Juan Manuel Martínez received an intimidating phone call on January 18, 2010, in which she was instructed to stop denouncing the alleged injustices committed against her husband and told that if she failed to do so, the lives of her three children would be at risk. From that point on, the family was reportedly the object of other threats, had been followed by automobiles with no tags and with tinted windows, and had had its residence under surveillance by individuals taking photographs and notes, among other things. The Inter-American Commission asked the State of Mexico to take the necessary steps to guarantee the life and integrity of Juan Manuel Martínez and his family; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to report on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 395-09 - Maho Indigenous Community, Suriname
On October 27, 2010, the IACHR granted precautionary measures for the inhabitants of the Maho Indigenous Community, in Suriname. The request for precautionary measures alleges that since 1990, the organization Stichtung Mohsiro and other third parties have allegedly been encroaching upon the 65 hectares of land that was reserved for the Maho Community in 1971. It is also alleged that at times, the invaders have destroyed the community's crops and threatened its members' physical integrity. It is alleged that as a result of these actions, the extinction of this community may be imminent. The Inter-American Commission asked the State of Suriname to take the measures necessary to ensure that the Maho Community can survive on the 65 hectares that have been reserved for it free from incursions from persons alien to the community, until the Commission has decided on the merits of the petition.
PM 197-10 - 135 Inhabitants of San Juan Copala, Mexico
On October 7, 2010, the IACHR granted precautionary measures for 135 inhabitants of San Juan Copala, Mexico. The request for precautionary measures alleges that 135 members of the Triqui indigenous people of San Juan Copala, in Oaxaca state, are displaced as a result of repeated violent attacks carried out against them by an armed group. The information received indicates that in the previous eleven months, 25 persons have been killed and 17 injured as a result of the acts of violence in San Juan Copala. The Inter-American Commission requested that the State of Mexico adopt the necessary measures to guarantee the life and personal integrity of the 135 inhabitants of San Juan Copala, Mexico; reach agreement with the beneficiaries and their representatives on the measures to be adopted; and inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 278-10 - Organización de Voluntarios para la Promoción de los Derechos Humanos (OVPDH), Haiti
El 4 de octubre de 2010, la CIDH otorgó medidas cautelares a favor de once miembros de la "Organización de Voluntarios para la Promoción de los Derechos Humanos" (OVPDH) en Haití. En la solicitud de medidas cautelares se alegaba que, desde el año 2007, los miembros de la organización habrían sido objeto de amenazas e intimidaciones por parte de personas no identificadas, debido a su involucramiento en la defensa de derechos humanos en Haití. Particularmente, señalaron que el 10 de julio de 2010 uno de sus miembros habría sido secuestrado, sin que las autoridades les hubieran proporcionado algún tipo de protección. La Comisión Interamericana solicitó al Estado de Haití que adopte las medidas necesarias para garantizar la vida e integridad personal de sus once miembros, que concertara las medidas a adoptarse con los beneficiarios y sus representantes y que informara sobre las acciones adoptadas a fin de investigar los hechos que dieron lugar a la adopción de medidas cautelares.
PM 243-10 - Sigifredo Espinosa Pérez and his Family, Colombia
On September 13, 2010, the IACHR granted precautionary measures for Sigifredo Espinosa Pérez and his family, in Colombia. The request for precautionary measures alleges that Sigifredo Espinosa Pérez has been subject to being followed, purportedly as a result of his participation in investigations into alleged ties between public officials and armed groups operating outside the law. The information received further indicates that Espinosa Pérez had allegedly been subject to illegal telephone interceptions and intelligence activities on the part of agents of the Administrative Department of Security (DAS). The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and personal integrity of Sigifredo Espinosa Pérez and his family, reach agreement with the beneficiary on the measures to be adopted, and inform the Commission on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 157-09 - Yesid Ramírez Bastidas, Colombia
On September 13, 2010, the IACHR granted precautionary measures for Yesid Ramírez Bastidas, in Colombia. The request for precautionary measures alleges that Yesid Ramírez Bastidas has been subject to illegal telephone interceptions and intelligence activities on the part of agents of the Administrative Department of Security (DAS). The request and additional information provided by the applicants further indicate that neither Yesid Ramírez Bastidas nor his family were guaranteed a security plan following his term as a magistrate, which ends on September 30, 2010. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and personal integrity of Yesid Ramírez Bastidas, reach agreement with the beneficiary on the measures to be adopted, and inform the Commission on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 254-10 - Leiderman Ortiz Berrio, Colombia
On August 20, 2010, the IACHR granted precautionary measures for Leiderman Ortiz Berrio, in Colombia. The request for precautionary measures indicated that the journalist Leiderman Ortiz Berrio has been the victim of a series of attacks in recent months, purportedly because of his reporting on illegal gangs. It added that the last attempt on his life took place on May 20, 2010, with the explosion of a grenade in his house in the municipality of Caucacia, in Colombia's department of Antioquia. According to the information received, to date the authorities have not provided protection arrangements for Ortiz Berrio. The Inter-American Commission requested that the State of Colombia adopt the necessary measures to guarantee the life and personal integrity of Leiderman Ortiz Berrio, that it reach agreement with the beneficiary and his representatives on the measures to be adopted, and that it inform the Commission about the steps taken to prevent new acts of violence or intimidation against the beneficiary.
PM 185-07 - Norma Cruz Córdova and Alan Maldonado Ordóñez, Guatemala
On August 18, 2010, the IACHR expanded Precautionary Measures 185-07 to incorporate as beneficiaries Norma Cruz Córdova and Alan Maldonado Ordóñez, members of the Survivors Foundation (Fundación Sobrevivientes) of Guatemala. It is alleged that in June 2010, Norma Cruz Córdova received death threats in connection with a legal case brought by the foundation. The Commission's decision modifies precautionary measures originally granted on October 26, 2007. The Commission asked the State of Guatemala to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, reach agreement with the beneficiaries and their representatives on the measures to be adopted, and inform the Commission on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 97-10 - 179 Families of the Settlements of El Vergel and El Pedregal, Department of Cauca, Colombia
On August 13, 2010, the IACHR granted precautionary measures for 179 families living in the settlements of El Vergel and El Pedregal, in the department of Cauca, Colombia. The request for precautionary measures alleges that these families are in a situation of extreme danger as a result of the armed conflict and the lack of measures to protect civilians who live in the area. According to the information provided, the inhabitants of these settlements were victims of bullet wounds, forced displacements, and other alleged acts of violence. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and personal integrity of the 179 beneficiary families; to adopt the necessary measures to guarantee the return, in conditions of security, of the families displaced from El Vergel and El Pedregal; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 252-10 - Álvaro Javier Martínez Torres et al., Colombia
On August 13, 2010, the IACHR granted precautionary measures for Álvaro Martínez Torres and others, in Colombia. The request for precautionary measures alleges that the Martínez family was in a situation of imminent risk, purportedly due to his activities to vindicate the rights of his family and other displaced persons on the "La Alemania" farm, in the town of San Onofre, department of Sucre, as well as his actions to clarify the events that led to the death of Rogelio Martínez, who was allegedly murdered on May 18, 2010, by armed groups operating outside the law. The Inter-American Commission requested that the State of Colombia adopt the necessary measures to guarantee the life and personal integrity of Julia Isabel Torres, Luis Miguel Martínez Torres, Mabelis Martínez Torres, Luis Miguel Martínez Torres, Álvaro Javier Martínez Torres, Kelly Johana Martínez, Luis Fernando Martínez, Isabel Sofía Martínez, and Luz Nellis Martínez; that it reach agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission about the actions taken to investigate the facts that led to the adoption of precautionary measures.
PM 259-10 - Marco Vinicio Hernández González et al., Guatemala
On August 13, 2010, the IACHR granted precautionary measures for Marco Vinicio Hernández González and the immediate family of Juan Fidel Pacheco Coc, in Guatemala. The request for precautionary measures alleges that Juan Fidel Pacheco Coc, Secretary General of the General Labor Union of Employees of the General Directorate of Migration of Guatemala (USIGEMIGRA), was murdered on July 31, 2010, after receiving threats. That same day, Marco Vinicio Hernández González, Assistant Secretary General of USIGEMIGRA, allegedly received threats in which he was told that he was "next on the list." It is alleged that in May 2010, Mr. Pacheco Coc asked the appropriate authorities for protection measures for the members of the labor union, but that he had received no response. The Inter-American Commission requested that the State of Guatemala adopt the necessary measures to guarantee the life and physical integrity of Marco Vinicio Hernández González and the immediate family of Juan Fidel Pacheco Coc; that it reach agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 102-10 - Inhabitants of the Mixteca Indigenous Community of Lázaro Cárdenas, Putla, Oaxaca, Mexico
On August 4, 2010, the IACHR granted precautionary measures for the inhabitants of the Mixteca indigenous community of Lázaro Cárdenas, Putla, Oaxaca, Mexico. The request for precautionary measures alleges that a series of acts of violence have taken place against the inhabitants of the Mixteca indigenous community of Lázaro Cárdenas, in the state of Oaxaca, in the context of a violent dispute between two communities to define their territory and the access to it. According to the information received, the situation was aggravated in March and May of 2010, with the reported disappearance of Marcelino Pedro Hernández Jiménez and Eleazar Asunción Sánchez Hernández and the purported invasion by approximately 1,500 people from another community, which took place in July 2010 and which allegedly places all inhabitants of Lázaro Cárdenas at risk. The Inter-American Commission asked that the State of Mexico adopt the necessary measures to guarantee the life and personal integrity of the members of the Mixteca community of Lázaro Cárdenas; that it adopt the necessary measures to remove the risk factors tied to the demarcation of lands between both communities, in order to prevent further confrontations; that it establish a mechanism for constant monitoring and ongoing communication with the beneficiaries, so that the measures can be implemented by mutual agreement with the beneficiaries and their representatives; and that it provide updated information on the steps taken to discover the whereabouts of Marcelino Pedro Hernández Jiménez and Eleazar Asunción Sánchez Hernández.
PM 221-10 - Edwin Róbelo Espinal, Honduras
On July 22, 2010, the IACHR granted precautionary measures for Edwin Róbelo Espinal, in Honduras. The request for precautionary measures alleges that Edwin Róbelo Espinal has been subject to threats and harassment, purportedly on the part of police agents, since October 2009, and that this allegedly has to do with his participation in demonstrations. The request adds that on June 30, 2010, Edwin Róbelo Espinal was detained and physically abused by agents of the police. It also indicates that he had not received a response to a request for protection submitted to the relevant authorities. The Inter-American Commission requested that the State adopt the necessary measures to guarantee the life and personal integrity of the beneficiary; come to an agreement with the beneficiary and his representatives on the measures to be adopted; and inform the Commission on the steps taken to investigate the facts that led to the adoption of these measures.
PM 214-10 - Reina Luisa Tamayo Danger, Cuba
On July 20, 2010, the IACHR granted precautionary measures for Reina Luisa Tamayo Danger, in Cuba. The request for precautionary measures alleges that Reina Luisa Tamayo Danger has suffered constant threats and acts of harassment, in light of her involvement in various public protests since the death of her son Orlando Zapata Tamayo in February 2010. The request further indicates that she has been the victim of acts of violence, in which she allegedly was beaten and one of her arms was fractured. The Inter-American Commission asked the State of Cuba to adopt the necessary measures to guarantee the life and physical integrity of Reina Luisa Tamayo Danger, reach agreement with the beneficiary on the measures to be adopted, and inform the Commission on the actions taken to investigate the facts that led to the adoption of precautionary measures.
PM 194-10 - Carolina Pineda, José Luis Buquedano, and Delvid Ixcel Sánchez Ávila, Honduras
On July 2, 2010, the IACHR granted precautionary measures for Carolina Pineda, José Luis Buquedano, and Delvid Ixcel Sánchez Ávila, in Honduras. The request for precautionary measures alleges that the beneficiaries had been subject to acts of harassment and aggression that put their lives and personal integrity at risk. The request alleges that on June 10, 2010, armed and hooded men attempted to kidnap Carolina Pineda, Secretary of the Central Management Council of the College of Middle Education Professors of Honduras (COPEMH). It adds that on June 12, 2010, José Luis Buquedano, Secretary of the Unified Confederation of Workers (CUTH), Secretary General of the Independent Federation of Honduran Workers, and leader of the National Front for Popular Resistance (FNRP), had reportedly been chased by persons in a vehicle who fired gunshots at him. Finally, the request alleges that Delvid Ixcel Sánchez, a member of the National Front for Popular Resistance and collaborator with the Committee for the Defense of Human Rights (CODEH), had been pursued by an armed man on June 10, 2010. Delvid Ixcel Sánchez identified the assailant as one of a group of four armed individuals that had attacked him on February 25, 2010. The Inter-American Commission asked that the necessary measures be adopted to guarantee the life and personal integrity of the beneficiaries, that agreement be reached with the beneficiaries and their representatives on measures to be adopted, and that the Commission be informed about the investigations undertaken with regard to the facts that led to the adoption of these measures, in order to remove the risk factors.
PM 187-10 - Persons Deprived of Liberty in the Third Precinct Police Station of Ensenada, Province of Buenos Aires, Argentina
On July 2, 2010, the IACHR granted precautionary measures for persons deprived of liberty in the Third Precinct Police Station of Ensenada, in the province of Buenos Aires, Argentina. This precautionary measure was granted at the Commission's initiative following a visit to that police station on June 8, 2010. During the visit, the IACHR observed that 20 individuals were being held in a situation of extreme overcrowding in the jail area, which consists of three windowless cells with no ventilation points and a corridor and bathroom. Three persons sleep in each cell, and eleven sleep on the floor in the corridor. Those in custody are shut inside 24 hours a day, with no access to natural light and without doing any type of productive or recreational activity. Although police station jails are meant to be temporary detention centers, at the time the IACHR visited, all those being held in the Third Precinct Police Station of Ensenada had been there for periods ranging from 3 to 18 months, according to the official records of the population in custody. The IACHR also verified the existence of two persons who were ill and were not receiving adequate medical care, and it was informed that those in custody would not receive medical attention unless it was ordered by a judge, in which case they would have to be transferred to an assistance center. The Inter-American Commission asked the State of Argentina that the persons being deprived of their liberty in the Third Precinct Police Station of Ensenada be immediately placed in a location that complies with the requirements for detention in conditions of dignity.
PM 104-09 - 29 Displaced Families from the Municipality of Argelia, Colombia
On July 1, 2010, the IACHR granted precautionary measures for 29 displaced families from the municipality of Argelia, in the department of Cauca, Colombia. The request for precautionary measures alleges that 29 families from this municipality had been displaced toward Popayán, after having been victims of alleged threats, acts of violence, pursuits, and disappearances. The request also alleges those who committed these acts were armed groups operating outside the law who had acted with the acquiescence of authorities in the area. The Inter-American Commission requested that the State of Colombia adopt the necessary measures to guarantee the life and physical integrity of 96 individuals who belong to these families identified in the request for precautionary measures and to an additional family that is currently displaced in Bogotá. The IACHR also requested that the State adopt the necessary measures to guarantee the definitive return of these families to the municipality of Argelia in conditions of dignity and security; that a mechanism be established for constant monitoring and ongoing communication with the families displaced from Argelia toward Popayán, so that the measures can be implemented by mutual agreement with the beneficiaries and their representatives; that the Commission be informed about the steps taken to discover the whereabouts of Over Herney Muñoz and Jesús Olivier Alvarado Muñoz; and that the State inform the IACHR about the actions taken to investigate the facts that led to the adoption of precautionary measures.
PM 179-10 - Egberto Ángel Escobedo Morales, Cuba
On June 28, 2010, the IACHR granted precautionary measures for Egberto Ángel Escobedo Morales, in Cuba. The request for precautionary measures alleges that Escobado Morales is being deprived of his liberty, that he suffers from health problems, and that the prison authorities are not giving him the medical attention that his health condition requires. The Inter-American Commission asked the government of Cuba to instruct the relevant authorities to conduct medical tests to evaluate the beneficiary's health and provide him with adequate treatment; to adopt these measures in consultation with the beneficiary and his family; and to inform the IACHR about the actions taken to implement the precautionary measures.
PM 180-10 - Juan Ramón Flores, Honduras
On June 21, 2010, the IACHR granted precautionary measures for Juan Ramón Flores, in Honduras. The request for precautionary measures alleges that the beneficiary, who belongs to the Resistance Movement against the coup d'état, had been subject to kidnapping and threatened at gunpoint. The Inter-American Commission asked that the necessary measures be adopted to guarantee the life and personal integrity of Juan Ramón Flores, that agreement be reached with the beneficiaries and their families on the measures to be adopted, and that the IACHR be informed about the actions taken to investigate the facts that led to the adoption of precautionary measures.
PM 189-10 - Ronnie Lee Gardner, United States
On June 17, 2010, the IACHR granted precautionary measures for Ronnie Lee Gardner, who has been deprived of liberty since 1985 awaiting the death penalty. The request for precautionary measures was presented in the context of a communication about the alleged violation of rights enshrined in the American Declaration. The communication alleges that Mr. Gardner's lengthy incarceration on death row constitutes cruel and unusual punishment, as well as issues related to an alleged lack of due process. Through the precautionary measures, the Commission asked the United States to refrain from executing Mr. Gardner until the former has had an opportunity to issue its decision on the petitioner's claim regarding alleged violations of the American Declaration.
PM 184-10 - David Powell, United States
On June 14, 2010, the IACHR granted precautionary measures for David Powell, who has been deprived of liberty since 1978 awaiting the death penalty. The precautionary measures were issued in the context of a petition alleging the violation of rights enshrined in the American Declaration. This petition, which is being processed by the Commission, alleges irregularities in the criminal proceedings and that Mr. Powell's lengthy incarceration on death row constitutes cruel and unusual punishment. Through the precautionary measures, the Commission asked the United States to refrain from executing Mr. Powell until the former has had an opportunity to issue its decision on the petitioner's claim regarding alleged violations of the American Declaration.
PM 131-09 - Blanca Mesina Nevárez, Silvia Vásquez Camacho, Mexico
On June 4, 2010, the IACHR granted precautionary measures for Blanca Mesina Nevárez, Silvia Vásquez Camacho, and their families, in Mexico. In the request for precautionary measures and in additional information provided to the IACHR, it is alleged that Ms. Mesina Nevárez and Ms. Vásquez Camacho have been subject to acts of intimidation and harassment that place their lives and personal integrity at risk. It is also alleged that this situation stems from their having reported alleged abuses of authority committed by Baja California public law enforcement agents. The additional information provided at the Commission's request indicates that there apparently have been delays in implementing a security plan for Ms. Mesina Nevárez, Ms. Vásquez Camacho and their families. The Inter-American Commission asked the State of Mexico to adopt the necessary measures to guarantee the life and personal integrity of Blanca Mesina Nevárez, Silvia Vásquez Camacho, and their families; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the IACHR on the steps taken to investigate the events that led to the adoption of precautionary measures.
PM 221-09 - María Stella Jara Gutiérrez and Son, Colombia
On June 2, 2010, the IACHR granted precautionary measures for María Stella Jara Gutiérrez and her son, in Colombia. In the request for precautionary measures and in additional information sent later, it is alleged that Judge Jara Gutiérrez, who is in charge of the Palace of Justice case, has received threats from alleged armed groups operating outside the law. It is also alleged that the threats have intensified in recent months, as the date for issuing the final judgment in the case draws near. The information also indicates that there has been a delay in the implementation of a security plan designed to safeguard the life and integrity of Judge Jara Gutiérrez and her youngest son. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and personal integrity of María Stella Jara Gutiérrez and her son; to reach agreement with the beneficiary and her representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the events that led to the adoption of precautionary measures.
( EXTENSION )
PM 196-09 - Journalists from Radio Progreso, Honduras
On June 2, 2010, the IACHR expanded Precautionary Measure PM 196-09 for Karla Patricia Rivas Sánchez, José Pablo Peraza Chávez, Rita Suyapa Santamaría Velásquez, Alfredo Bográn, Iolany Mariela Pérez Parada, Rommel Alexander Gómez, Lesly Castro, José Domingo Miranda, Héctor Hernández, Víctor Emilio Borjas, Leticia Castellanos, and Pablo Ordónez, in Honduras. The request for precautionary measures alleges that these journalists, who work at Radio Progreso, have been tailed by vehicles, and that unknown individuals have been keeping the entrance of the radio station under surveillance. The Inter-American Commission asked the State to adopt the necessary precautionary measures to guarantee the life and personal integrity of the journalists who are beneficiaries of this measure; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; to inform the Commission about the steps taken to investigate the events that led to the adoption of these measures; and to inform the IACHR on the implementation of the precautionary measures granted.
PM 260-07 - Communities of the Maya People (Sipakepense and Mam) of the Sipacapa and San Miguel Ixtahuacán Municipalities in the Department of San Marcos, Guatemala
On May 20, 2010, the IACHR granted precautionary measures for the members of 18 communities of the Maya indigenous people: Tres Cruces, Escupijá, Pueblo Viejo, La Estancia, Poj, Sipacapa, Pie de la Cuesta, Cancil, Chual, Quecá, Quequesiguán, San Isidro, Canoj, Ágel, San José Ixcaniché, San José Nueva Esperanza, San Antonio de los Altos, and Siete Platos, in Guatemala. The request for precautionary measures alleges that in November 2003, the Ministry of Energy and Mines granted the Montana company a license to mine for gold and silver for 25 years, within an area of 20 square kilometers in the municipalities of Sipacapa and San Miguel Ixtahuacán. The concession's environmental and hydrological impact area would encompass the territories of at least 18 communities of the Maya people in both municipalities. The petitioners allege that the mining concession was issued and mining began without the prior, complete, free, and informed consultation of the affected communities of the Maya people. Montana reportedly began constructing the Marlin I Mine in 2003 and extracting gold and silver in 2005. The petitioners maintain that the mining has produced grave consequences for the life, personal integrity, environment, and property of the affected indigenous people, since the Tzalá River and its tributaries are the only sources of water for consumption and subsistence activities. According to the request, a number of water wells and springs have dried up, and the metals present in the water as a result of the mining activity have had harmful effects on the health of members of the community. The Inter-American Commission asked the State of Guatemala to suspend mining of the Marlin I project and other activities related to the concession granted to the company Goldcorp/Montana Exploradora de Guatemala S.A., and to implement effective measures to prevent environmental contamination, until such time as the Inter-American Commission on Human Rights adopts a decision on the merits of the petition associated with this request for precautionary measures. The IACHR likewise asked the State to adopt the necessary measures to decontaminate, as much as possible, the water sources of the 18 beneficiary communities and to ensure their members access to water fit for human consumption; to address the health problems that are the subject of these precautionary measures, in particular to begin a health assistance and health care program for the beneficiaries aimed at identifying those who may have been affected by the consequences of the contamination, so as to provide them with appropriate medical attention; to adopt any other necessary measures to guarantee the life and physical integrity of the members of the 18 aforementioned Maya communities; and to plan and implement the protection measures with the participation of the beneficiaries and/or their representatives.
On December 7, 2011, after examining additional information submitted by the State and the petitioners, the IACHR notified its decision to modify these precautionary measures, and requested the State of Guatemala to adopt the necessary measures to ensure that all beneficiary members of the 18 Mayan communities have access to potable water appropriate for human consumption and household use, as well as for irrigation purposes. Specifically, the IACHR requested the State to take the necessary measures, in order that the 18 beneficiary communities' water resources are not contaminated by mining activities.
PM 141-10 - X and Her Two Children, Colombia
On May 11, 2010, the IACHR granted precautionary measures for Ms. X, whose identity the IACHR is withholding, and for her two children, who are minors, in Colombia. The request for precautionary measures alleges that Ms. X has been subject to threats and acts of harassment since she reported having been raped by agents of the State in July 2009. The request indicates that following new threats she received in May 2010, Mrs. X moved to another city. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and physical integrity of X and her two children; to reach agreement with the beneficiary and her representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the events that led to the adoption of precautionary measures.
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PM 1-10 - Ana María Perea Incel, Colombia
On May 6, 2010, the IACHR expanded the PM 1-10 precautionary measures for Ana María Perea Incel. According to the information sent by the petitioners, Ms. Perea Incel is a member of the Association of Afro Women for Peace and a participant in talks with the government of Colombia on the issue of the rights of the displaced population. It is alleged that on two occasions since December 2009, Ms. Perea Incel was approached in cars by unknown individuals who threatened her with violent acts if she does not leave her work with the Association.
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PM 196-09 - Inmer Genaro Chávez and Lucy Mendoza, Honduras
On May 3, 2010, the IACHR expanded Precautionary Measure PM 196-09 for Inmer Genaro Chávez and Lucy Mendoza, in Honduras. The request for precautionary measures alleges that journalist Inmer Genaro Chávez, who works at Radio Progreso, has received death threats, including a text message sent to his cell phone that said, "Resistance we are eliminating the chebes next come the priests," after journalist Luiz Chévez and his cousin Alberto Chévez were killed on April 11, 2010. The request also alleges that the lawyer and human rights defender Lucy Mendoza, who has been supporting Radio Progreso journalists in criminal proceedings, has also received death threats. The Inter-American Commission asked that the State adopt the necessary measures to guarantee the life and personal integrity of Inmer Genaro Chávez and Lucy Mendoza, that agreement be reached with the beneficiaries and their representatives on the measures to be adopted, and that the Commission be informed on the steps taken to investigate the facts that led to the adoption of these measures.
PM 114-10 - Persons Deprived of Liberty in the Judicial Police Department (DPJ) of Vila Velha, Brazil
On April 28, 2010, the IACHR granted precautionary measures for those persons deprived of liberty in the Judicial Police Department (DPJ) of the city of Vila Velha, in the state of Espíritu Santo, Brazil. The request for precautionary measures indicates that the life, personal integrity, and health of those deprived of liberty in the Vila Velha DPJ are at risk. It adds that an average of 160 people, both accused and convicted persons, are being held, in inhuman and degrading conditions, in a cell with the capacity to hold 36 persons. The Inter-American Commission asked the State of Brazil to adopt the necessary measures to protect the life, personal integrity, and health of those persons deprived of liberty in the Judicial Police Department of the city of Vila Velha, in the state of Espíritu Santo, and to provide adequate medical attention to the beneficiaries and prevent the transmission of contagious diseases. The Commission also asked that the measures be adopted in consultation with the beneficiaries' representatives, that the Commission be informed as to the measures adopted to reduce overpopulation in the facility, and that it be informed regarding the failure to divide inmates who are accused from those who have been convicted.
PM 312-09 - Father Pedro Pantoja Arreola and his Team of Collaborators at the Belén Migrant Shelter, Mexico
On April 23, 2010, the IACHR granted precautionary measures for Father Pedro Pantoja Arreola and his team of collaborators at the Belén Migrant Shelter in Saltillo, in the state of Coahuila, Mexico. In the request for precautionary measures and in information provided during a working meeting held on March 20, 2010, during the Commission's 138th period of sessions, it is alleged that the beneficiaries had been subject to acts of intimidation and harassment, an unsuccessful break-in attempt at the shelter's facilities, and surveillance by individuals in vehicles who take photographs of those who enter and leave the shelter. The Inter-American Commission asked that the State of Mexico adopt the necessary measures to guarantee the life and personal integrity of Father Pedro Pantoja Arreola and his team of collaborators at the Belén Migrant Shelter in Saltillo, in the state of Coahuila, Mexico. The IACHR also asked that the planning and implementation of the protection measures be done in agreement with the beneficiaries and their representatives, and that the Commission be informed about the measures adopted to remove the risk factors for the beneficiaries.
PM 250-09 - José Alejandro Solalinde Guerra and Members of the Hermanos en el Camino Migrant Shelter, Mexico
On April 23, 2010, the IACHR granted precautionary measures for José Alejandro Solalinde Guerra, David Álvarez Vargas, Areli Palomo Contreras, Mario Calderón López, and Norma Araceli Doblado Abrego, who work or can be found at the Hermanos en el Camino Migrant Shelter in Ixtepec, in the state of Oaxaca, Mexico. In the request for precautionary measures and in information provided during a working meeting held on March 20, 2010, during the Commission's 138th period of sessions, it is alleged that the beneficiaries had been subject to acts of intimidation and that in February 2010, Father Solalinde Guerra was detained and held at gunpoint by the Federal Police when he went to the Office of the Public Prosecutor of Oaxaca state in the context of investigations underway for the alleged murder of three migrants. The petitioners indicate that the protection measures implemented by the authorities turned out to be ineffective, and they inform the Commission that the acts of harassment continue. The Inter-American Commission asked that the State of Mexico adopt the necessary measures to guarantee the life and personal integrity of José Alejandro Solalinde Guerra, David Álvarez Vargas, Areli Palomo Contreras, Mario Calderón López, and Norma Araceli Doblado Abrego; that the planning and implementation of the protection measures be done in agreement with the beneficiaries and their representatives; and that the Commission be informed about the measures adopted to remove the risk factors for the beneficiaries.
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PM 196-09 - Rebeca Ethel Becerra Lanza and Daughters, Honduras
On April 13, 2010, the IACHR expanded Precautionary Measure PM 196-09 for Rebeca Ethel Becerra Lanza and daughters, in Honduras. The request for precautionary measures alleges that Ms. Becerra had been subject to surveillance in front of her house, times in which she was followed, an attempted break-in at her house, and intimidating phone calls. The request indicates that the acts were reported to the Public Ministry, but that the authorities had not acted. The Inter-American Commission requested that the necessary measures be adopted to guarantee the life and personal integrity of Rebeca Ethel Becerra Lanza and her daughters, that the measures to be adopted be agreed on by the beneficiaries and their representatives, and that the Commission be informed about the steps taken to investigate the facts that led to the adoption of these measures.
PM 36-10 - Rodrigo Callejas Bedoya and Family, Colombia
On April 12, 2010, the IACHR granted precautionary measures for Rodrigo Callejas Bedoya and his family, in Colombia. The request for precautionary measures alleges that Rodrigo Callejas Bedoya has subject to threats and harassment, allegedly because of his work as an independent journalist; as a result, his life and personal integrity, as well as that of his family, are at risk. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and physical integrity of journalist Rodrigo Callejas Bedoya and his family; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures..
PM 304-08 - Diomedes Meneses Carvajalino, Colombia
On April 9, 2010, the IACHR granted precautionary measures for Diomedes Meneses Carvajalino, in Colombia. The request for precautionary measures alleges that the life and health of Mr. Meneses Carvajalino are in grave danger, as the prison he is in has not provided him with adequate medical care to address a health problem he has had since the beginning of 2009. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to provide adequate medical care that makes it possible to protect the life, personal integrity, and health of Mr. Meneses Carvajalino; to reach agreement with the beneficiary and/or his representative on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the precautionary measures.
PM 99-10 - Tránsito Jurado, María Eugenia González, and Members of the Corporación Sisma Mujer, Colombia
On April 8, 2010, the IACHR granted precautionary measures for Tránsito Jurado, María Eugenia González, her minor children, and the members of the Corporación Sisma Mujer, in Colombia. The request for precautionary measures alleges that Sisma Mujer and two women who participate in a program coordinated by that organization have been subject to threats, harassment, and one act of violence, allegedly as a result of their work defending the rights of women in a situation of displacement. The request indicates that Ms. González began to receive intimidating telephone calls and to be the target of acts of harassment, starting in September 2009; that on December 4, 2009, an unknown individual approached her on the street and told her to leave Cali with her family; and that eight days later, her son, Jonathan Gómez, was murdered. The request adds that Ms. Jurado has also received death threats, and that on January 27, 2010, Sisma Mujer received an e-mail signed by the "Bloque Metropolitano de las Águilas Negras" [Metropolitan Bloc of the Black Eagles], in which the organization was declared a "military target." The request indicates that Sisma Mujer reported the aforementioned acts and met with the competent authorities, but alleges that the necessary protection measures have not been implemented to date. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and personal integrity of María Eugenia González, her minor children, Tránsito Jurado, and the members of the Corporación Sisma Mujer; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 222-09 - Agustín Humberto Estrada Negrete, Leticia Estrada Negrete, and Guadalupe Negrete Silva, Mexico
On April 7, 2010, the IACHR granted precautionary measures for Agustín Humberto Estrada Negrete, Leticia Estrada Negrete, and Guadalupe Negrete Silva, in Mexico. The request for precautionary measures alleges that Mr. Estrada Negrete, a member of the nongovernmental organization Agenda Lesbianas Gays Bisexuales Transexuales [Lesbian, Gay, Bisexual, and Transsexual Agenda] had been subject to death threats, acts of physical violence, and harassment since February 2009. It adds that these acts had been reported to the appropriate authorities, but that the necessary protection measures had not been adopted. It indicates that Mr. Estrada Negrete, his mother, and his sister had received new threats in January and February of 2010. The Inter-American Commission asked the State of Mexico to adopt the necessary measures to guarantee the life and physical integrity of Agustín Humberto Estrada Negrete, Leticia Estrada Negrete, and Guadalupe Negrete Silva; to plan and implement the protection measures with the participation of the beneficiaries and/or their representatives; and to inform the Commission about the measures adopted to respond to the factors that place the beneficiaries at risk.
PM 79-10 - Nineth Montenegro and Family, Guatemala
On March 25, 2010, the IACHR granted precautionary measures for Nineth Montegro and her family, in Guatemala. The request for precautionary measures alleges that in early March 2010, Congresswoman Nineth Montenegro Cottom learned of a plan to try to kill her. The request indicates that on March 4, 2010, Ms. Montenegro Cottom met with personnel from the International Commission against Impunity in Guatemala (CICIG), who offered her security measures provided by the Secretariat for Administrative and Security Affairs (SAAS). The request adds that on March 10, Ms. Montenegro Cottom met with personnel from the Ministry of the Interior to discuss the security plan being offered, and expressed her lack of confidence in the services that the SAAS and the National Civilian Police could offer. It also indicates that Ms. Montenegro Cottom would have an armored vehicle, but she believes that she needs a more extensive security scheme. The Inter-American Commission asked the State of Guatemala to adopt the necessary measures to guarantee the life and physical integrity of Congresswoman Nineth Montenegro Cottom and her family, including Alejandra García Montenegro, Emilia García, Mario Alcidez Polanco Pérez, and Carlos Humberto Peraza Ramírez, as well as X, whose identity is being withheld as he is a minor. The Commission also requested that the State reach agreement with the beneficiaries and their representatives on the measures to be adopted and inform the Commission on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 71-10 - Claudia Samayoa, Erenia Vanegas, and Members of UDEFEGUA, Guatemala
On March 25, 2010, the IACHR granted precautionary measures for Claudia Samayoa Pineda, Erenia Yamileth Vanegas Zapata, and their families, as well as the other members of the Unit for the Protection of Human Rights Defenders (UDEFEGUA), in Guatemala. The request for precautionary measures alleges that the beneficiaries have been targets of harassment in recent months as a result of their work and their complaints about alleged abuses of authority committed by State officials. The request alleges that despite the fact that the acts had been reported to the competent authorities, effective protection measures had not been implemented. The Inter-American Commission asked the State of Guatemala to adopt the necessary measures to guarantee the life and physical integrity of Ms. Samayoa and Ms. Vanegas, their families, and the other members of UDEFEGUA; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 1-10 - Fourteen Women in a Situation of Displacement, Colombia
On March 25, 2010, the IACHR granted precautionary measures for 14 women in a situation of displacement in Colombia, whose identity the IACHR is withholding because some of them have suffered sexual violence. The request for precautionary measures alleges that the 14 women are leaders of the displaced community in Bogotá and that as a result of these activities, they have been victims of sexual violence, physical attacks, threats, acts of harassment, and a violent home raid. The request indicates that the beneficiaries met with the Director of the Presidential Human Rights Program on December 22, 2009, and it was agreed that security measures would be taken, but that the agreement had not been implemented to date. It adds that in the time that has passed since that meeting, one of the beneficiaries has suffered an act of sexual violence, and there have been two acts of aggression and one death threat. The Inter-American Commission asked the State of Colombia to adopt the necessary measures to guarantee the life and physical integrity of the 14 women; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
On May 6, 2010, the IACHR expanded the PM 1-10 precautionary measures for Ana María Perea Incel. According to the information sent by the petitioners, Ms. Perea Incel is a member of the Association of Afro Women for Peace and a participant in talks with the government of Colombia on the issue of the rights of the displaced population. It is alleged that on two occasions since December 2009, Ms. Perea Incel was approached in cars by unknown individuals who threatened her with violent acts if she does not leave her work with the Association.
PM 95-10 - X and Family, Honduras
On March 24, 2010, the IACHR granted precautionary measures for X, whose identity the IACHR is withholding because he is a minor, as well as for his family, in Honduras. The request for precautionary measures alleges that X, an active member of various student groups and of the National Front for Popular Resistance, has been subject to a kidnapping and to death threats. The Inter-American Commission asked the State of Honduras to adopt the necessary measures to guarantee the life and physical integrity of X and his family; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 91-10 - Pedro Brizuela, Mateo Enrique García Castillo, and their immediate families, Honduras
On March 19, 2010, the IACHR granted precautionary measures for Pedro Brizuela, Mateo Enrique García Castillo, and their respective immediate families, in Honduras. The request for precautionary measures alleges that Pedro Brizuela and Mateo Enrique García Castillo, who belong to the National Front for Popular Resistance, have been targets of acts of violence and harassment. On February 24, 2010, Claudia Brizuela, daughter of Pedro Brizuela, was shot to death by unknown persons when she opened the door to her house. The request for precautionary measures indicates that both before and after his daughter's murder, Mr. Brizuela received threats on his cell phone. It also indicates that on February 26, 2010, Mr. Mateo Enrique García Castillo was the object of a kidnapping attempt by four men who the day before had infiltrated a march convened by the National Front for Popular Resistance. The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity of Pedro Brizuela, Mateo Enrique García Castillo, and their immediate families; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the precautionary measures, in order to remove the factors placing the beneficiaries at risk.
PM 52-10 - Margarita Guadalupe Martínez Martínez and her immediate family, Mexico
On March 3, 2010, the IACHR granted precautionary measures for Margarita Guadalupe Martínez Martínez, her husband, Adolfo Guzmán Ordaz, and her two children, in San Cristóbal de las Casas, in the state of Chiapas, Mexico. The request for precautionary measures alleges that the beneficiaries are targets of threats and harassment. It indicates that on November 8, 2009, some 18 to 20 individuals, allegedly from the Ministerial Police, came to the beneficiaries' home without a search warrant, threatened Mrs. Martínez Martínez with a firearm, and searched the entire house, including the bedroom in which the children were sleeping. The request adds that this was reported to the authorities and that the beneficiaries asked the authorities for protection, but this was not granted. It also indicates that on February 25, 2010, Mrs. Martínez Martínez was kidnapped and tortured and that her life was threatened by unknown persons, who warned her to desist in her criminal complaint regarding abuse of authority, breaking and entering, psychological torture, and threats, a complaint lodged as a result of the events of November 8, 2009. The request alleges that the kidnappers told her that the attack was "a little gift from the municipal president of Comitán." The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity of Margarita Guadalupe Martínez Martínez, her husband, Adolfo Guzmán Ordaz, and her children, Ada Saraí Martínez Martínez and Eduardo Abel de León Martínez; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the precautionary measures, in order to remove the factors placing the beneficiaries at risk.
PM 14-10 - X and XX, Mexico
On March 3, 2010, the IACHR granted precautionary measures for two persons in Mexico whose identity the Commission will withhold because one of the them alleges having been the object of sexual abuse. The request for precautionary measures indicates that the beneficiaries have been subject to threats and harassment since the release of X, who had reportedly been kidnapped on July 6, 2009, in the city of Acapulco, in the state of Guerrero. During the 10 days she was held, she was allegedly drugged, raped, tortured, and kept in chains. The request for precautionary measures alleges that agents of the Ministerial Police were involved in the kidnapping, a connection made because XX had previously reported alleged unlawful actions on the part of State officials. At the time of her release, the kidnappers allegedly threatened to kill her if she reported what had happened. The request indicates that X and her mother, XX, filed a complaint with the Public Ministry and with the Attorney General's Office of the state of Guerrero, where they also requested personal protection measures, but they apparently received no response. The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity of X and XX; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the precautionary measures, in order to remove the factors placing the beneficiaries at risk.
PM 43-10 - "Amelia", Nicaragua
On February 26, 2010, the IACHR granted precautionary measures for a person who the IACHR will identify as Amelia, in Nicaragua. The request seeking precautionary measures alleges that Amelia, mother of a 10-year-old girl, is not receiving the necessary medical attention to treat the cancer she had, because of her pregnancy. The request alleges that the doctors had recommended to urgently initiate chemotherapy or radiotherapy treatment, but the hospital informed Amelia's mother and representatives that the treatment would not be given, due to the high risk that it could provoke an abortion. The Inter-American Commission asked the State of Nicaragua to adopt the measures necessary to ensure that the beneficiary has access to the medical treatment she needs to treat her metastasic cancer; to adopt the measures in agreement with the beneficiary and her representatives; and to keep her identity and that of her family under seal. Within the deadline set to receive an answer, the State of Nicaragua informed the IACHR that the requested treatment has been initiated.
PM 38-10 - Manuel de Jesús Varela Murillo et al., Honduras
On February 25, 2010, the IACHR granted precautionary measures for Manuel de Jesús Varela Murillo, Ricardo Antonio Rodríguez, and their families, in Honduras. The request for precautionary measures alleges that the beneficiaries, who belong to the Resistance Movement against the coup d'état, had been subject to kidnapping, acts of torture, and death threats. It indicates that on February 2, 2010, they were attacked by 20 individuals in civilian clothing, who were heavily armed and wore ski masks over their faces. It alleges that the beneficiaries were taken to a house where they were blindfolded, hit about the head, and threatened with machetes while being asked where the arsenal was and where the dollars were and being told to abandon the resistance. The beneficiaries indicated that the attackers robbed them of money, a computer, personal documents, and one cell phone. They state that after more than three hours of interrogation and threats to kill their families, they were abandoned in the Víctor Ardon neighborhood. The Inter-American Commission asked the state to adopt the necessary measures to guarantee the life and personal integrity of Manuel de Jesús Varela Murillo, Ricardo Antonio Rodríguez, and their families; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the precautionary measures, in order to remove the factors placing the beneficiaries at risk.
PM 12-09 - Community of Alto Guayabal-Coredcito of the Emberá People, Colombia
On February 25, 2010, the IACHR granted precautionary measures for 87 families of the Emberá People's Community of Alto Guayabal-Coredocito - declared "So Bia Drua," a humanitarian area of the Uradá Jiguamiandó Indigenous Reserve - in the municipality of Carmen del Darién, department of Chocó, Colombia. The request for precautionary measure alleges that this community has been subject to acts of violence that placed their lives and personal integrity at risk. It is alleged, among other facts, that on January 30, 2010, two helicopters and a plane belonging to the armed forces carried out a machine-gun attack and bombing 300 meters from the community's main settlement, hitting the house of a family where there were three adults and two children, who were wounded. The request indicates, for example, that Mr. José Nerito Rubiano Bariquí was wounded in the thorax with a firearm, as a result of which he broke his spinal column and was left paraplegic. According to the applicants seeking the measures, the military presence in the area is related to the resumption of mining activity. The Inter-American Commission requested that the State of Colombia adopt the measures necessary to protect the life and personal integrity of 87 families of the Community of Alto Guayabal-Coredocito; that it come to an agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission on actions taken to investigate the events that led to the adoption of precautionary measures so as to remove the risk factors for the beneficiaries. .
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PM 196-09 - Anselmo Romero Ulloa and María Brígida Ulloa Hernández, Honduras
On February 12, 2010, the IACHR expanded Precautionary Measure PM 196-09 for Anselmo Romero Ulloa and María Brígida Ulloa Hernández, in Honduras. The request for precautionary measures alleges that Mr. Anselmo Romero Ulloa, a member of the National Coordinating Committee for the Resistance, was attacked on November 3, 2009, by a man armed with an Uzi. It alleges that the attacker fired a volley of gunshots near Mr. Romero's face, which left him deaf in one ear, and that another volley passed very close to María Brígida Ulloa Hernández, who lives with Mr. Romero Ulloa. It adds that a complaint was filed with the National Office of Criminal Investigation in Comayagua, but that the Public Prosecutor's Office has yet to proceed with the case. It also indicates that on January 29, 2010, the same person who attacked Mr. Romero Ulloa in 2009 was prowling around the outside of his house, and that the house has been under surveillance at various times by unidentified individuals. The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity of Anselmo Romero Ulloa and María Brígida Ulloa Hernández; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the these measures. The IACHR asked the State to provide information within a 20-day period and to provide updates on a regular basis..
PM 385-09 - 31 Undocumented Immigrants Residing in Atlanta, Georgia, United States
On January 29, 2010, the IACHR granted precautionary measures for 31 undocumented immigrants residing in Atlanta, Georgia, whose dialysis treatments at Grady Memorial Hospital were scheduled to be terminated on February 3, 2010. The request seeking precautionary measures alleges that the lives and health of the 31 persons concerned are at grave risk due to the fact that they suffer from End-Stage Renal Disease and do not have the economic resources to obtain the dialysis treatments that their condition requires. It is alleged that Grady Memorial Hospital's decision to terminate the dialysis treatments had a disproportionate effect on the beneficiaries because, unlike the affected U.S. citizens, they are not eligible to receive assistance through programs such as Medicare or Medicaid. Furthermore, the petitioners claim that the beneficiaries were not informed of alternative means of obtaining the treatment that they require, but that they were instead encouraged to leave the state of Georgia and return to their countries of origin. The Inter-American Commission asked the United States to instruct the competent authorities to take the urgent measures necessary to ensure that the beneficiaries have access to the medical treatment that may be required for their condition, and to inform the IACHR about compliance with these measures within 10 days, and thereafter on a periodic basis. .
PM 18-10 - Indyra Mendoza Aguilar et al., Honduras
On January 29, 2010, the IACHR granted precautionary measures for Indyra Mendoza Aguilar, Nohelia Flores Álvarez, Fátima Maritza Ulloa Becerra, and Ana Lourdes Ordóñez, in Honduras. Indyra Mendoza Aguilar is the director of Cattrachas, a nongovernmental organization that works for the rights of the lesbian, gay, bisexual, transgender, and intersex (LBGTI) community. The request for precautionary measures alleges that on December 17, 2008, in Tegucigalpa, Nohelia Flores Álvarez, who belongs to Cattrachas, was forced to get into a vehicle of a member of the Preventive Police, who demanded sexual services at gunpoint. The request indicates that Nohelia Flores Álvarez refused, and the police officer threatened her life. It goes on to say that the next day, the policeman returned with two other men in a pickup truck and the three of them stabbed her a total of 17 times, in her throat, back, stomach, and arms. After she passed out, the men abandoned her in some bushes. In the hospital, Indyra Mendoza took photos that could serve as evidence in a trial and accompanied him in the process of filing the complaint, which is being investigated by Fátima Maritza Ulloa Becerra and Ana Lourdes Ordóñez, agents of the National Office of Criminal Investigation in Tegucigalpa. The request for precautionary measures alleges that the four beneficiaries are the object of threats and acts of harassment that place their lives and personal integrity at risk. The Commission requested that the State of Honduras adopt the necessary measures to guarantee the life and personal integrity of Indyra Mendoza Aguilar, Nohelia Flores Álvarez, Fátima Maritza Ulloa Becerra, and Ana Lourdes Ordóñez; that it come to an agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission about the actions taken with respect to the events that led to the adoption of the precautionary measures, so as to remove the factors placing the beneficiaries at risk.
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PM 196-09 - Gilberto Vides and his immediate family, Honduras
On January 22, 2010, the IACHR expanded Precautionary Measure PM 196-09 for Gilberto Vides and his immediate family. The request for precautionary measures alleges that on January 7, 2010, Professor Gilberto Vides, of the National School of Fine Arts, was approached by two armed men when he was returning from a resistance march. It indicates that they shot at the windshield and back window of his car and then fled. It also alleges that his home was under surveillance on January 8 and 9, 2010. The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity of Gilberto Vides and his wife and daughter; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the these measures.
PM 364-09 - Carlos Amilcar Orellana Donis, Guatemala
On January 19, 2010, the IACHR granted precautionary measures for Carlos Amilcar Orellana Donis, in Guatemala. The request for precautionary measures alleges that in the early morning hours of August 29, 2009, Mr. Carlos Amilcar Orellana Donis was transferred unexpectedly to a maximum-security prison, even though he had not yet been tried. It adds that of the eight persons who have been charged in the case against him, he was the only one who was transferred. It states that the maximum-security prison also houses those who in 2007 allegedly killed the four police officers charged in the same crime in which Mr. Orellana Donis has been accused. The request also alleges that courts in Guatemala have recently issued rulings ordering the return of Mr. Orellana Donis to a preventive detention center, and that the competent Guatemalan authorities have not complied with these rulings. The IACHR asked the State of Guatemala for information in December 2009 but received no response. The Inter-American Commission requested that the State of Guatemala adopt the necessary measures to guarantee the life and physical integrity of the beneficiary and to separate him from the persons deprived of liberty who have already been convicted.
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PM 196-09 - Precautionary Measure, Nuclear Family of Rasel Antonio Tome, Honduras
On January 19, 2010, the IACHR amplified Precautionary Measure PM 196/09 for relatives of Rasel Antonio Tome, in Honduras. Rasel Antonio Tome is a beneficiary of IACHR precautionary measures through the amplification granted on September 23, 2009, when he was in the Embassy of Brazil with President Manuel Zelaya. The request for precautionary measures indicates that Rasel Antonio Tome has received death threats, and posters have appeared on the streets of Tegucigalpa bearing his photograph, along with those of other leaders of the Resistance Front, with captions such as "People of Honduras: These are your enemies. Know them." The request also reports that this same message is contained in a TV announcement that runs on Channel 8. It alleges that the security of Rasel Antonio Tome's nuclear family, which consists of his wife and three minor children, is at risk. The Inter-American Commission requested that the State adopt the necessary measures to guarantee the life and personal integrity of the members of Rasel Antonio Tome's nuclear family; that it reach an agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission about the actions taken to investigate the events that led to the adoption of these measures. The IACHR asked the State to provide information within a period of 20 days and to provide regular updates.
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PM 113-07 - Corporación para la Paz y el Desarrollo Social (CORPADES) [Corporation for Peace and Social Development], Colombia
On January 14, 2010, the IACHR extended Precautionary Measure PM 133-07 to protect Guillermo Osorio, Jairo Ivan Maya Rodríguez, Yeisme Romero Fuenmayor, Juan David Muñoz, and Rafael Emiro Bedoya, all of whom belong to the Corporación para la Paz y el Desarrollo Social (CORPADES). The request for precautionary measures alleges that the beneficiaries have received threats from alleged paramilitary groups, due to their community leadership and participation in criminal proceedings brought against members of organizations operating outside the law. The petitioners inform the Commission that on December 20, 2009, John Alexander Pulgarín - a member of CORPADES and a witness in a case brought against the paramilitary member Jhon William López - was killed, despite the fact that the State had apparently provided a protection scheme for him. The IACHR originally granted this precautionary measure on March 14, 2008, for Fernando Quijano, Carlos Mario Arenas, Teresa Muñoz Lopera, Alberto Manzo Monsalve, Dillier Fernando Vásquez Rúa, Santiago Quijano, and Marín Alonso Velásquez, all members of CORPADES. The request for precautionary measures alleges that the members of this organization have been targets of threats and attacks allegedly committed by groups operating outside the law. The Commission asked the Colombian State to adopt the necessary measures to guarantee the life and physical integrity of the beneficiaries, as well as to inform the Commission about the steps taken to clarify judicially the events that led to the adoption of precautionary measures. The Commission will continue to monitor the situation.
PM 380-09 - María Lourdes Afiuni, Venezuela
On January 11, 2010, the IACHR granted precautionary measures for Maria Lourdes Afiuni, Venezuela. The request seeking precautionary measures alleges that on Sunday, January 3, 2010, a group of persons deprived of liberty in the Instituto Nacional de Orientación Femenina (INOF) wore distinctive tape in their legs and head, which allegedly means "war" or "mutiny", and planned to "burn the judge alive," in reference to Mrs. Afiuni. It is alleged that they also planned to hurt other three persons detained who are perceived to be close to Mrs. Afiuni. The Inter-American Commission asked the State of Venezuela to adopt the measures necessary to guarantee the life and physical integrity of the beneficiary; to adopt the measures necessary to transfer the beneficiary to a safe place, and to inform the IACHR about actions taken to investigate through the Judiciary the facts that led to the adoption of precautionary measures.
PM 209-09 - Franklin José Brito Rodríguez, Venezuela
On January 11, 2010, the IACHR granted precautionary measures for Franklin José Brito Rodríguez, Venezuela. The request for precautionary measure alleges that in the early morning hours of December 13, 2009, agents of the Metropolitan Police of Caracas moved Franklin José Brito, who had been carrying out a hunger strike in front of the OAS office in Caracas, to the Military Hospital. Mr. Brito alleges that he is being unlawfully deprived of his personal liberty, as he is being held in the facility against his will. It is alleged that he was transferred to the Military Hospital in response to an amparo action filed by the Public Ministry on the grounds of safeguarding his life. However, the request argues that the amparo is arbitrary, since it does not meet any of the assumptions established in the law for an amparo action. The Commission was also informed that as of January 6, 2010, Mr. Brito was still in the Military Hospital without having access to a medical doctor he trusted. Finally, the Commission was informed that on January 9, 2010, State officials allegedly sedated him against his will and transferred him again, telling his daughter that they were taking him for intensive therapy. The Inter-American Commission asked the State of Venezuela to adopt the measures necessary to permit access, treatment, and monitoring of Mr. Brito's health situation, and to ensure that Mr. Franklin Brito can receive regular visits. The IACHR also requested that the State inform the Commission within a 10-day period on the adoption of precautionary measures and update that information on a regular basis.
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PM 196-09 - Marbin Emilio Hernández Duarte and his immediate family, Honduras
On January 8, 2010, the IACHR expanded Precautionary Measure PM 196-09 for Marbin Emilio Hernández Duarte and his immediate family. Mr. Duarte belongs to a group that does outreach activities related to the Resistance Front and to situations of repression following the June 2009 coup d'état. The request for precautionary measures alleges that on October 18, 2009, the group organized the presentation of a video in the Divanna de Comayagüela neighborhood, where unknown individuals took photos of the group and of the coordinators of the Resistance Front. The request notes that the following day Marco Antonio Martínez Lezama, the coordinator of the resistance movement in that neighborhood, was found dead. The request adds that on October 28, 2009, the same video was shown in the neighborhood of La Fraternidad de Tegucigalpa, and that once again unknown individuals took photos of them. It was reported that on December 22, 2009, Edwin Renán Fajardo Argueta, a member of the group, was found dead at his home and that on that date unknown individuals had followed Mr. Duarte. The request adds that on December 29 journalist César Silva, another member of the group, was kidnapped. It adds that on December 31, 2009, two men with military-style haircuts approached Mr. Duarte's residence, where his two children were playing outside, asked the 9-year-old boy for water, and asked the 5-year-old boy what his father's name was. The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity of Marbin Emilio Hernández Duarte and his family; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of the these measures. The IACHR asked the State to provide information within a 20-day period and to provide updates on a regular basis.