Mesures Conservatoires
MC 471-11 - Jurijus Kadamovas and others, États-Unis
On December 27, 2011 the Commission requested the immediate adoption of precautionary measures pursuant to Article 25(1) of its Rules of Procedure in order to avoid irreparable harm of Jurijus Kadamovas, German Sinnistera, Arboleda Ortiz, Robert L. Bolden, Iouri Mikhel, and Alejandro Umana who were sentenced to death penalty. The petitioner alleges, inter alia, Vienna Convention claims, discrimination based on nationality, inhumane prison conditions, and lack of medical attention. With regard to the latter, the petitioner alleges that Jurijus Kadamovas has not received psychiatric or psychological support in spite of his requests; and that Robert L. Bolden is not receiving treatment for his type 1diabetes. The Commission requested the United States take the measures necessary to preserve the life and physical integrity of Jurijus Kadamovas and others so as not to hinder the processing of the case before the inter-American system classified as number P 1285-11.
MC 470-11 - Iván Teleguz, États-Unis
On December 22, 2011, the IACHR granted precautionary measures for Mr. Iván Teleguz, sentenced to death by the Rockingham Circuit Court in the state of Virginia. Accompanying the request for precautionary measures was a petition alleging violation of rights protected under the American Declaration, which the Commission classified as number P-1528-11. The Commission asked the United States to refrain from executing the death sentence until it has had an opportunity to decide the merits of the petitioner's claim alleging violation of the American Declaration, so as not to render moot the processing of that petition with the inter-American system.
MC 18-09 - Paul Pierre, États-Unis
On December 22, the IACHR granted precautionary measures for Mr. Paul Pierre, of Haitian origin, who might be deported back to Haiti at any time now. According to the parties seeking the precautionary measures, Mr. Pierre is suffering from "esophageal dysplasia" and is on a liquid diet ingested through a tube. The Commission therefore asked the United States not to deport Mr. Paul Pierre back to Haiti until the Commission issues its decision on petition P-1431/08, which is currently being processed with the Commission.
MC 465-11 - Virgilio Maldonado Rodríguez, États-Unis
On December 21, 2011, the IACHR granted precautionary measures for Virgilio Maldonado Rodríguez, a Mexican national sentenced to death in the state of Texas. The request seeking precautionary measures was filed together with a petition alleging violation of rights protected under the American Declaration. Classified as P-1762/11, the petition specifically alleges that the United States did not take into account Mr. Maldonado's mental disability; it argued that under the American Declaration, the death penalty constituted cruel punishment. Mr. Maldonado was one of the Mexican citizens included in the judgment delivered by the International Court of Justice in 2004 in the Case concerning Avena and other Mexican nationals (Mexico v. United States), in which the ICJ ordered the United States to review and reconsider the guilty verdicts and sentences given to the Mexican citizens named in the judgment. The Commission asked the United States to refrain from executing the death sentence until the Commission has had an opportunity to reach a decision on the petitioner's claim of an alleged violation of the American Declaration, so as not to render moot the processing of that petition with the inter-American system.
MC 463-11 - Nelson Iván Serrano Sáenz, États-Unis
On December 15, 2011, the IACHR granted precautionary measures for Mr. Nelson Iván Serrano Sáenz, an Ecuadoran national facing the death penalty in Florida. The request for precautionary measures was accompanied by a petition alleging violation of rights recognized in the American Declaration of the Rights and Duties of Man. That petition was classified as P-1643/11. The Commission requested that the United States refrain from executing the death sentence until the Commission has had an opportunity to reach its decision on the petitioner's claim of violation of the American Declaration, so as not to render moot the filing of that claim with the inter-American system.
MC 393-10 - Luis Álvarez Renta, République dominicaine
On December 15, 2011, the IACHR granted precautionary measures for Luis Álvarez Renta. The Commission's decision was based on a request alleging that the personal integrity and health of Luis Álvarez Renta were in grave danger. It contends that Mr. Renta is currently incarcerated in the Najayo Model Prison in San Cristóbal, where his health condition is critical. He is being denied the back surgery that specialists have recommended for him. According to a medical report from the Abreu Clinic, dated November 16, 2011, Mr. Renta has Dejerine-Roussy syndrome caused by lumbosacral stenosis. This condition requires a lumbar laminectomy to decompress the spinal cord. The surgery must be done as soon as possible to avoid severe neurological damage." The Commission therefore requested that the Government of the Dominican Republic: 1) adopt the measures necessary to protect Mr. Álvarez Renta's personal integrity; 2) instruct the competent authorities to have the proper medical tests done to evaluate the beneficiary's health and authorize proper treatment for his ailments, and 3) adopt these measures in concert with the beneficiary and his representatives.
MC 370-11 - Sara Marta Fonseca Quevedo, Cuba
On December 6, 2011, the IACHR granted precautionary measures for Sara Marta Fonseca Quevedo in Cuba. The request seeking precautionary measures alleges that Sara Marta Fonseca Quevedo, Executive Secretary of the Pro Human Rights Party in Cuba and a delegate of the Rosa Parks Feminist Civil Rights Movement in Havana, was harassed when she sought medical treatment at state-run health care institutions, presumably because of her political position and because she is an advocate for human rights. The request also states that Sara Marta Fonseca Quevedo was detained four times in 2011, often by violent means. The parties requesting the precautionary measures state that Sara Marta Fonseca Quevedo was in custody from September 24 to October 24, 2011 and that because of the violence allegedly used on her during her detention, a pre-existing back condition was aggravated, leaving her unable to stand up on her own. The Commission therefore asked the Cuban Government to take the necessary measures to ensure the life and physical integrity of Sara Marta Fonseca Quevedo and to guarantee that she would not be harassed by staff of state-run hospitals; that in concert with the beneficiary and her representative it arrange the measures it will take, and that it report on the measures undertaken to investigate the facts that necessitated adoption of precautionary measures.
MC 262-11 - Ten Persons alleged to have been disappeared, Mexique
On December 2, 2011, the IACHR granted precautionary measures for 10 members of the Zapotengo Pacheco Eco-tourism Cooperative Association. The parties requesting the precautionary measures allege that on July 13, 2010, Nemonio Vizarretea Vinalay, Fidel Espino Ruiz, Gregorio Hernández Rodríguez, Andrés Vizarretea Salinas, Luis Vizarretera Salinas, Juan Carlos Vizarretea Salinas, Benito Salinas Robles, Juan Antonio Feria Hernández, Isauro Rojas Rojas and Adelardo Espino Carmona had boarded a bus bound for Matamoros in the state of Tamaulipas, where they were planning to purchase vehicles. On July 14, 2010, the individuals in question reportedly spoke with family members to advise them that they had reached Tamaulipas. The request seeking precautionary measures states that they have not been heard from since. The parties requesting precautionary measures assert that on March 18, 2011, the Office of the Attorney General of the Republic allegedly advised them that the disappeared persons had been detained and were being held in Morelos, but did not indicate exactly where. On July 15, 2011, officials of the city of Morelos allegedly reported that an error had been made in the data and that the persons in question had never been in custody and were never arraigned. The parties seeking the precautionary measures point out that to date, they have no information on the situation or whereabouts of the persons identified as having disappeared. The Commission therefore asked the Government of Mexico: 1) to immediately adopt the measures necessary to determine the situation and whereabouts of Nemonio Vizarretea Vinalay, Fidel Espino Ruiz, Gregorio Hernández Rodríguez, Andrés Vizarretea Salinas, Luis Vizarretea Salinas, Juan Carlos Vizarretea Salinas, Benito Salinas Robles, Juan Antonio Feria Hernández, Isauro Rojas Rojas and Adelardo Espino Carmona; and 2) to report the measures taken to investigate the facts that necessitated the precautionary measures.
MC 425-11 - X, Argentine
On November 18, 2011, the IACHR granted precautionary measures in favor of X, in Argentina, whose identity is being withheld at the request of the beneficiary. The application for the precautionary measures alleged that X had been the victim of attacks by agents of the Federal Correctional Complex No 2 of Marcos Paz, where he was detained. He adds that as a result of such attacks, should have been admitted to a hospital in Buenos Aires. The Commission requested the State to adopt the necessary measures to guarantee the life and physical integrity of X, and coordinate the measures to be adopted with the recipient and his representative, and report on actions taken to investigate the events that led to the adoption of this precautionary measure.
MC 422-11 - Lucía Carolina Escobar Mejía, Cledy Lorena Caal Cumes, and Gustavo Girón, Guatemala
On November 14, 2011, the IACHR granted precautionary measures for Lucía Carolina Escobar Mejía, Cledy Lorena Caal Cumes, and Gustavo Girón, in Guatemala. The request for precautionary measures claims that the journalists Lucía Carolina Escobar Mejía and Gustavo Girón, employed by the daily El Periódico and other media outlets, have received threats in retribution for publishing articles about alleged acts of violence committed by a group styling itself the "Panajachel Security Commission." The request further contends that this group operates with the acquiescence of the local authorities. In addition, it claims that Cledy Lorena Caal Cumes has received threats on account of her participating in the investigation into the disappearance of her partner, in which members of that group are suspected of involvement. The Commission asked the State to take the steps necessary to ensure the lives and persons of Lucía Carolina Escobar Mejía, Cledy Lorena Caal Cumes, and Gustavo Girón, to agree on the measures to be adopted with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 255-11 - Nasa people of Toribio, San Francisco, Tacueyo, and Jambalo Reservations, Colombie
On November 14, 2011, the IACHR granted precautionary measures on behalf of the members of the Nasa people of Toribio, San Francisco, Tacueyo, and Jambalo Reservations, in Colombia. The request for precautionary measure claims that the members of the Nasa indigenous people in these four adjacent reservations are facing high levels of risk because of the armed conflict in the north of Cauca department, and that they have suffered murders, forced disappearances, and other acts of violence. The application further states that although the authorities have acknowledged the risks facing the Nasa people, the appropriate measures necessary to protect them have not been adopted. The Commission asked the State to take the steps necessary to ensure the lives and persons of the members of the Nasa people of Toribio, San Francisco, Tacueyo, and Jambalo Reservations, to agree on the measures to be adopted with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 17-10 - Inhabitants of the community of Omoa, Honduras
On November 8, 2011, the IACHR granted precautionary measures on behalf of the inhabitants of the community of Omoa, in Honduras. The request for precautionary measures claims that the lives and persons of the approximately 8,000 inhabitants of Omoa are at risk because of the liquid petroleum gas storage facility operated by the Gas del Caribe company within the Omoa city limits. The application alleges that the location of the storage facility on a geological fault line in an area that is vulnerable to natural disasters poses the danger of a chain explosion in the gas tanks. According to a study conducted by the Honduran public prosecution service, that situation could lead to the death of between 103 and 1,400 people, a risk that it described as "unacceptable." The Commission asked the State to take the steps necessary to ensure the Gas del Caribe company's effective observance of the environmental regulations and laws in place in Honduras, and to adopt the measures needed to reduce the danger to the lives and persons of the inhabitants of the community of Omoa to an acceptable level.
MC 196-09 - Honduras, Honduras
During the 143 period of sessions; the Commission decided to proceed gradually in separating from MC 196.09, those matters on which information is updated and suggest the continued risk to the beneficiaries. In such situations, it will assign a new number of precautionary measures corresponding to the year 2009. In this process, The IACHR has already separated the following matters: MC 398.09 HO (Esdras Amado Lopez) 399.09 MC (Workers Progress Journal) HO 400.09 (Berta Oliva and members of the Committee of Relatives of Detained and Disappeared in Honduras (COFADEH)); 401.09 HO (Take Rasel Antonio Flores and his family).
MC 423-10 - X, Argentine
On October 24, 2011, the IACHR granted precautionary measures in favor of X, in Argentina. His identity is being withheld because he is a minor. The application for precautionary measures alleged that the child has a developmental chronic encephalopathy and other diseases, and medical assistance provided by the State would have been inadequate, risking his lives and the development of his muscles and bones. The Commission requested the State to adopt urgent measures to ensure effective and the necessary medical attention so that the beneficiary can develop a quality life and dignity, in which he will not be affected beyond repair to his life, and to coordinate the measures with his family.
MC 305-11 - Wilmer Nahúm Fonseca and Family, Honduras
On October 13, 2011, the IACHR granted precautionary measures to Wilmer Nahúm Fonseca and his family, in Honduras. The precautionary measure request claims that six members of Wilmer Nahúm Fonseca's family were disappeared during 2009 and 2010, allegedly by agents of the National Police. It also reports that his father, Apolonio Fonseca Mejía, was killed on June 27, 2011, and that his brother, Usai Fonseca Rodríguez, was the victim of an attempted homicide on October 3, 2011. The application indicates that the facts were reported to the authorities, but that no timely response was given. The Commission asked the State to take the steps necessary to ensure the lives and persons of Wilmer Nahúm Fonseca, Usai Fonseca Rodríguez, Lidia América Fonseca Rodríguez, Nolvia Suyapa Fonseca Rodríguez, Sarvia Thamar Fonseca Rodríguez, Milvia Sarai Fonseca Rodríguez, and the children of all the above. The Commission also asked the State to agree on the measures to be adopted with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 330-11 - José Reynaldo Cruz Palma, Honduras
On October 3, 2011, the IACHR granted precautionary measures on behalf of José Reynaldo Cruz Palma, in Honduras. The application for precautionary measures claims that José Reynaldo Cruz Palma, president of the Colonia Planeta employers' association, in San Pedro Sula, disappeared on August 30, 2011, as he was traveling to Ciudad Planeta on a bus. In light of the alleged failure of the State to take actions to locate the suspected disappeared, the Commission asked the State to take the steps necessary to determine the situation and whereabouts of José Reynaldo Cruz Palma and to protect his life and person, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 153-11 - X and Z, Jamaïque
On September 21, 2011, the IACHR granted precautionary measures to X and Z, in Jamaica. Their identities are being kept confidential at the request of the beneficiaries and/or their representatives. The request for precautionary measure states that both have suffered aggression, attacks, threats, and harassment on account of their sexual orientation. The Inter-American Commission asked the State of Jamaica to adopt the measures necessary to ensure their lives and persons, to agree on the steps to be taken with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of the precautionary measures.
MC 322-11 - Miriam Miranda, Honduras
On September 20, 2011, the IACHR granted precautionary measures on behalf of Miriam Miranda, in Honduras. The precautionary measure request claims that Miriam Miranda has suffered threats and harassment on account of her work defending the rights of Garifuna communities in Honduras. The Commission asked the State to take the steps necessary to ensure the life and person of Miriam Miranda, to agree on the measures to be adopted with the beneficiary and her representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 276-11 - X, Honduras
On September 15, 2011, the IACHR granted precautionary measures on behalf of X, in Honduras. X's identity is being kept confidential since he is a minor. The request for precautionary measures alleges that on June 19, 2011, X and a friend were arrested by three Comayagüela police officers. It reports that the friend was released that same day, but when X's family went to the police station to locate him, the officers gave them inconsistent information about his whereabouts. The Commission asked the State to take the steps necessary to determine X's whereabouts and to ensure his life and person, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure. Later, the parties told the IACHR that a body had been found, presumably that of X. The IACHR asked the State to report on the formalities pursued to identify the body.
MC 240-11 - Eight members of the "Movimiento Autentico Reivindicador de Campesinos Aguan (MARCA) (Pedro Rigoberto Moran, Junior López, Julián Hernández, Antonio Francisco Rodríguez Velásquez, Santos Misael Cáceres Espinales, Eduardo Antonio Fuentes Rossel and Santos, Honduras
On September 8, 2011, the IACHR granted precautionary measures to protect the lives and personal integrity of Pedro Rigoberto Moran, Junior López, Julián Hernández, Antonio Francisco Rodríguez Velásquez, Santos Misael Cáceres Espinales, Eduardo Antonio Fuentes Rossel and Santos Eliseo Pavón Ávila, all members of the "Movimiento Autentico Reivindicador de Campesinos Aguan" (MARCA) in Honduras. The request alleges that on August 20, 2011, Mr. Secundino Ruiz Vallecillos was murdered and Mr. Eliseo Pavón wounded. According to the party requesting the precautionary measures, the two men were on their way to the headquarters of the La Palma Cooperative when they were ambushed by hired gunmen, who allegedly shot them. It also alleged that the incident was part of a pattern of persecution of MARCA members. The Commission therefore asked the Honduran Government: 1) to take the measures necessary to protect the life and personal integrity of Pedro Rigoberto Moran, Junior López, Julián Hernández, Antonio Francisco Rodríguez Velásquez, Santos Misael Cáceres Espinales, Eduardo Antonio Fuentes Rossel and Santos Eliseo Pavón Ávila; 2) in concert with the beneficiaries and their representatives, to arrange the measures to be taken to taken; and 3) to report the measures taken to investigate the facts that necessitated the adoption of precautionary measures.
MC 301-11 - Manuel Valle, États-Unis
On August 19, 2011, the IACHR granted precautionary measures for Manuel Valle, in the United States. The request for precautionary measure is accompanied by a petition alleging the violation of rights enshrined in the American Declaration, registered under the number P 1058-11. The Commission asked the United States to refrain from carrying out the death penalty until the IACHR had the opportunity to issue a decision on the petitioners' claims regarding the alleged violations of the American Declaration, in order not to render ineffective the processing of his claim before the inter-American system. Update: The death penalty against Manuel Valle was executed in a prison of the State of Florida on September 28, 2011.
MC 291-11 - José Antonio Cantoral Benavides y otros, Bolivie
On August 8, 2011, the IACHR granted precautionary measures on behalf of José Antonio Cantoral Benavides, a Peruvian national, who have refugee status in Bolivia. The Commission also received a petition referring to José Antonio Cantoral Benavides and others. The application for injunction alleged that Cantoral Benavides had been deprived of their liberty for August 1, 2011 and that during his detention would have been severely beaten. It also states that the August 3, 2011, the National Refugee Commission had issued a resolution which determines his immediate expulsion from the country, allegedly without having heard Cantoral Benavides and without complying with legal requirements. The Commission requested the State to adopt the necessary measures to refrain from expelling José Antonio Cantoral Benavides from Bolivia until the Commission rules on the merits of the petition, adopt the necessary measures to protect his life and personal integrity, and coordinate the measures to be adopted with the beneficiary and his representatives and report regularly to the Commission on actions taken. According to information received later, Mr. José Antonio Cantoral Benavides remains in Bolivia, under house arrest.
MC 199-11 - People deprived of their freedom at Professor Aníbal Bruno Prison, Brésil
On August 4, 2011, the IACHR granted precautionary measures on behalf of the people deprived of their freedom at Professor Aníbal Bruno Prison, in the city of Recife, state of Pernambuco, in Brazil. The precautionary measure request claims that 97 inmates of Professor Aníbal Bruno Prison have died since January 2008, with 55 of them meeting violent deaths. The request also alleges that several inmates have been tortured, reportedly by the authorities or with their consent. It further reports that there were two prison riots in July 2011, during which two people were killed and another 16 were injured. The Commission asked the State to adopt all the measures necessary to protect the lives, persons, and health of the inmates at Professor Aníbal Bruno Prison, to take the steps necessary to increase the number of security personnel at the facility, and to ensure that agents of the State's security forces were responsible for internal security functions, eliminating the system of trusties known as "chaveiros" and relieving inmates of responsibility for disciplinary, oversight, and security functions. In addition, the IACHR asked the State to ensure adequate medical care was available to the beneficiaries and to report back on the steps taken, inter alia, to reduce overcrowding at this prison.
On October 2, 2012, the IACHR extended these precautionary measures to protect the employees and the visitors of this prison.
MC 160-11 - Kevin Cooper, États-Unis
On August 3, 2011, the IACHR granted precautionary measures in favor of Kevin Cooper, who is detained in the United States pending the execution of the death penalty since 1986. The application for injunction was filed in the context of a communication on the alleged violation of rights enshrined in the American Declaration. Through the measures, the Commission asked the U.S. State to refrain from executing the death penalty pending the opportunity to decide on the petitioner's claim regarding the alleged violation of the American Declaration.
MC 368-10 - María Tirsa Paz and others, Colombie
On July 29, 2011, the IACHR granted precautionary measures on behalf of María Tirsa Paz and others, in Colombia. The request for precautionary measures alleges the existence of a situation of risk affecting 27 Afro-Colombian women and their families displaced from the municipalities of El Charco, Barbacoas, and La Tola in the department of Nariño. According to additional information provided by the applicants, the risks remain in place in the communities to which they relocated. In particular, they reported that in June 2011, in the neighborhood where four of the beneficiaries live, four youths were killed and another six were wounded in clashes between illegal groups. The Commission asked the State to take the steps necessary to ensure the lives and persons of the 27 displaced Afro-Colombian women and their families, to agree on the measures to be adopted with the beneficiaries and their representatives through talks, with due account taken of their particular situation, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 344-08 - Family of Javier Torres Cruz, Mexique
On July 19, 2011, the IACHR granted precautionary measures for the family of Javier Torres Cruz, in Mexico. Those requesting the precautionary measure allege that Javier Torres Cruz was killed on April 18, 2011, near his community of La Morena - located in the municipality of Petatlán, in the Mexican state of Guerrero - purportedly because of his activities to defend the right to a healthy environment in the Sierra de Petatlán. The request indicates that his family continues to be at risk following his murder, and that unidentified vehicles have been seen keeping the family home under surveillance. The petitioners noted that his brother Felipe Torres, who was with Javier Torres the day he was killed and was seriously wounded in the attack, had received a death threat. The Inter-American Commission asked the State of Mexico to take any necessary measures to guarantee the life and physical integrity of the family members of Javier Torres who live in the community of La Morena, located in Petatlán, Guerrero; to come to an agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the actions taken to investigate the facts that led to the adoption of precautionary measures.
MC 257-11 - Mark Anthony Stroman, États-Unis
On July 18, 2011, the IACHR granted precautionary measures in favor of Mark Anthony Stroman, who is detained in the United States pending the execution of the death penalty since 2002. The application for injunction was filed in the context of a communication on the alleged violation of rights enshrined in the American Declaration. Through the measures, the Commission requested the State of the United States to refrain from executing the death penalty pending the opportunity to decide on the petitioner's claim regarding the alleged violation of the American Declaration. The Commission noted that the July 20, Mark Anthony Stroman was executed in Texas.
MC 218-11 - Yris Tamara Pérez Aguilera, Cuba
On July 6, 2011, the IACHR granted precautionary measures for Yris Tamara Pérez Aguilera, in Cuba. The request for precautionary measure alleges that Yris Tamara Pérez Aguilera, reportedly a leader of the Rosa Parks Feminist Movement and a political dissident, has been a victim of physical attacks, acts of harassment, and threats by agents of the State. It alleges specifically that as a result of a new attack she suffered on May 25, 2011, she is suffering from cervical trauma, memory loss, and headaches, and has not been provided with the medical treatment she needs. The Inter-American Commission asked the State of Cuba to adopt any necessary measures to guarantee the life and physical integrity of Yris Tamara Pérez Aguilera; to reach agreement with the beneficiary and her representatives on the measures to be adopted; and to inform the Commission about the actions taken to investigate the facts that led to the adoption of precautionary measures.
MC 171-11 - Edwin A. Márquez González, États-Unis
On July 5, 2011, the IACHR granted precautionary measures for Edwin A. Márquez González, in the United States. The request for precautionary measure alleges that Edwin Márquez González, a citizen of El Salvador facing a final deportation order, is in end-stage renal disease and receives hemodialysis treatment three times a week. It indicates that if Edwin Márquez González were to be deported, his life would be at risk, since the availability of hemodialysis treatment is limited in El Salvador. The Inter-American Commission asked the United States to urgently adopt any necessary measures to ensure that Edwin Márquez González is not deported until assurance is received that in El Salvador he will receive the medical treatment necessary to protect his right to life and physical integrity.
MC 349-06 - Humberto Leal García, États-Unis
On July 1, 2011, the IACHR granted precautionary measures for Humberto Leal García, in the United States. The request for precautionary measure alleges that Humberto Leal García had not been granted a review of his case and that the state of Texas had scheduled his execution for July 7, 2011. The IACHR determined on July 24, 2008, that the State had violated Articles I, XVIII, and XXVI of the American Declaration of the Rights and Duties of Man against Leal García and other individuals, with regard to the criminal proceedings that led to the imposition of the death penalty. Consequently, the IACHR recommended that the United States stay the death sentence imposed on Leal García and the other victims in the case, and hold a new trial in accordance with the protections prescribed in the American Declaration. After it received information indicating that the execution had been scheduled, the Inter-American Commission asked the United States to suspend it. Update: Humberto Leal García was executed on July 7, 2011.
MC 359-10 - Members of Justice and Dignity Corporation, Colombie
On June 28, 2011, the IACHR granted precautionary measures on behalf of members of Justice and Dignity Corporation, in Colombia. The request for precautionary measures claims that over recent months, there has been a worsening in the threats, harassment, and tailing to which they have been subjected, on account of which they were forced to relocate from Santiago de Cali. It also notes that the authorities have been informed of the situation but have provided no security measures to counter the risk. The Commission asked the State to take the steps necessary to ensure the lives and persons of Alexander Montaña, Sofía López, Walter Mondragón Delgado, and Homero Montaña, to agree on the measures to be adopted with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 448-10 - Víctor Ayala Tapia, Mexique
On June 28, 2011, the IACHR granted precautionary measures on behalf of Víctor Ayala Tapia, in Mexico. The request for precautionary measures claims that Víctor Ayala Tapia disappeared on September 14, 2010, when heavily armed individuals broke into his home, threatened the people present with their weapons, and proceeded to abduct Mr. Ayala Tapia. In light of the alleged failure to take actions to locate the suspected disappearee, the Commission asked the State to take the steps necessary to determine the situation and whereabouts of Víctor Ayala Tapia and to protect his life and person, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 150-11 - Sandra Viviana Cuéllar, Colombie
On June 22, 2011, the IACHR granted precautionary measures in favor of Hildebrando Vélez. According to the information received, Hildebrando Vélez has received threats on account of his involvement in the search for Sandra Viviana Cuéllar. The Commission asked the State to take the necessary steps to protect the life and personal integrity of Hildebrando Vélez, to agree on the measures to be adopted with the beneficiary and his representative, and to report back on the actions carried out to investigate the facts that gave rise to the precautionary measure. On June 22, 2011, the IACHR expanded this precautionary measure to cover Sandra Viviana Cuéllar, in Colombia. The precautionary measure request reports that Sandra Viviana Cuéllar is disappeared and that her alleged disappearance was a consequence of her environmental protection work in Valle del Cauca. Given the seriousness and urgency of the alleged facts and the lack of information on the whereabouts of the suspected disappeared, the IACHR granted precautionary measures to ensure the beneficiary's life and person. The Commission asked the State for the immediate adoption of the measures necessary to determine the situation and whereabouts of Sandra Viviana Cuéllar and to protect her life and person, and it requested that the State report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 219-11 - Relatives of Inmates at the Rodeo I and Rodeo II Prisons, Venezuela
On June 21, 2011, the IACHR granted precautionary measures for relatives of the inmates at the Rodeo I and Rodeo II prisons in Venezuela, as well as for protesters and others who have crowded into the area around the facilities. The request for precautionary measures indicates that relatives of the inmates reportedly went to the area surrounding the Rodeo I and II facilities to ask for information about the prisoners' situation, following an operation carried out by the authorities to regain control of the prisons. The information provided by the petitioners indicates that the security forces launched tear gas canisters and used water cannons against them, in a context of tension. The Inter-American Commission asked the State of Venezuela to guarantee the life and physical integrity of the relatives of the inmates at the Rodeo I and II prisons, as well as others who are in the immediate vicinity of the correctional facilities, until the situation returns to normal.
MC 185-10 - X, Equateur
On June 20, 2011, the IACHR granted precautionary measures in favor of X in Ecuador in order to protect his life and personal integrity. This precautionary measure is being withheld of publication at the request of the beneficiary and his representatives.
MC 121-11 - 14 Q'echi Indigenous Communities of the Municipality of Panzós, Guatemala
On June 20, 2011, the IACHR granted precautionary measures for 14 Q'echi indigenous communities of the municipality of Panzós, in Guatemala. The request for precautionary measure alleges that 14 Q'echi indigenous communities were forcibly evicted in the municipality of Panzós, in Guatemala's department of Alta Verapaz, between March 15 and 23 of 2011. It alleges that the court eviction order had not been communicated to the affected communities and was not carried out in compliance with the law. The information the Commission has received indicates that, more than two months following the eviction, between 700 and 800 families from the community are living in precarious conditions, without access to food and water, and that State agencies have failed to provide them with shelter or nutrition solutions. It is also indicated that acts of violence were perpetrated against the communities on May 13 and 21 and June 4, which reportedly led to the deaths of two individuals. The Inter-American Commission requested that the State of Guatemala adopt any necessary measures to guarantee the life and physical integrity of the members of the 14 Q'echi indigenous communities; adopt any necessary measures to provide humanitarian assistance, including food and shelter, to the members of the 14 displaced communities; and come to an agreement with the beneficiaries and their representatives on the measures to be adopted.
MC 281-10 - Oscar Siri Zuñiga and Family, Honduras
On June 10, 2011, the IACHR granted precautionary measures on behalf of Oscar Siri Zuñiga and his family, in Honduras. The precautionary measure request alleges that since February 2011, armed individuals have been monitoring Siri Zuñiga's home, and that on May 19 an exchange of gunfire took place on his property when three armed individuals attempted to enter his home. It adds that the security detail provided by the State has been reduced to one person. The Commission asked the State to take the steps necessary to ensure the lives and persons of Oscar Siri Zuñiga and his family, to agree on the measures to be adopted with the beneficiaries and their representatives and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 187-11 - Idania Yanes Contreras and Family, Cuba
On June 8, 2011, the IACHR granted precautionary measures on behalf of Idania Yanes Contreras and her family, in Cuba. The request for precautionary measures claims that Idania Yanes Contreras has suffered acts of intimidation and physical attacks at the hands of the security forces, allegedly because of her involvement in protest demonstrations over recent years. It also reports that on April 8, 2011, she was beaten by security officials of the State, an incident that left her in a delicate state of health. The Inter-American Commission asked the State of Cuba to adopt the measures necessary to ensure the life and person of Idania Yanes Contreras and those of the members of her family, to agree on the steps to be taken with the beneficiary and her representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of precautionary measures.
MC 355-10 - 21 Families of the Nonam Community of the Wounaan Indigenous People, Colombie
On June 3, 2011, the IACHR granted precautionary measures for 21 families of the Nonam community of the Wounaan indigenous people, in Colombia. The request for precautionary measure alleges that the families have been subject to acts of harassment on the part of the armed forces and illegal armed groups. It indicates that they were forced to move from their territory, and as a result have had serious problems with access to food, housing, and medicine. It also alleges that the families have not received consistent and effective medical and humanitarian care in the nine months since they were displaced, even though a protection order was issued in their favor. This situation allegedly led to the death of an 11-month-old girl from tuberculosis, on May 12, 2011. The Inter-American Commission asked the State of Colombia to adopt necessary measures, agreed upon with the beneficiaries, to guarantee the life and physical integrity of the 21 families of the Wounaan indigenous community; provide humanitarian assistance and medical care to the beneficiaries in a situation of displacement; and guarantee their return to the Guayacán Santa Rosa Indigenous Reserve in conditions of dignity and security.
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MC 5-11 - Haitian Nationals in Process of Deportation, États-Unis
On May 31, 2011, the IACHR expanded Precautionary Measure 5/11 in favor of 33 persons facing deportation from the United States to Haiti. The identity of the beneficiaries will be kept under seal at the request of the applicants. The request for precautionary measure alleges that the lives and health of these individuals could be at grave risk if they were to be deported to Haiti, given their health conditions and the lack of relatives in Haiti to assist them in obtaining access to medical treatment, food and drinking water. The Inter-American Commission asked that the United States suspend the deportation process in the case of the 33 additional beneficiaries until such time as: (1) Haiti is able to guarantee that detention conditions and access to medical care for persons in custody comply with applicable minimum standards, and (2) the procedures in place to decide upon and review the deportation of the 33 beneficiaries adequately take into account their right to family life and their family ties in the United States. The IACHR also requested the United States to inform the Commission as to the actions taken in cooperation with the beneficiaries and the petitioners to implement these measures.
(The PM 5/11 was granted February 1, 2011; since them, the IACHR approved several amplifications.
MC 55-10 - Patricia Galarza Gándara and others, Mexique
On May 19 2011, the IACHR granted precautionary measures on behalf of Patricia Galarza Gándara, Oscar Enríquez, Javier Ávila, and Francisca Galván, in Mexico. The request for precautionary measures claims that these individuals are the legal representatives of the families of Rocío Irene Alvarado Reyes, Nitza Paola Alvarado Espinoza, and José Angel Alvarado Herrera, all of whom disappeared in December 2009. Several relatives and one representative of the disappeared are covered by provisional measures issued by the Inter-American Court. The application states that the beneficiaries have suffered acts of intimidation. The Commission asked the State to take the steps necessary to ensure the lives and persons of Patricia Galarza Gándara, Oscar Enríquez, Javier Ávila, and Francisca Galván, to agree on the measures to be adopted with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 111-10 - Rosa Díaz Gómez and Other Members of the Jotolá Ejido, Mexique
On May 19, 2011, the IACHR granted precautionary measures for Rosa Díaz Gómez and other members of the Jotolá ejido, in Mexico. The request for precautionary measure indicates that Rosa Díaz Gómez and other members of the Jotolá ejido had been subject to attacks and threats by individuals since March 24, 2010. It alleges that the measures adopted by the government were not effective, and that the situation of risk had increased with the release on bail of the alleged attackers in April 2011. The Inter-American Commission asked the State of Mexico to adopt any necessary measures to guarantee the life and physical integrity of Rosa Díaz Gómez, Carmela Sánchez Cruz, César Augusto Sánchez Gómez, Anita Méndez Aguilar, Marcos Moreno Méndez, Francisco Moreno Méndez, Enriqueta Gómez Santis, Maikon Pakal Sánchez Gómez, Sami Santiago Sánchez Gómez, Ricardo Sánchez Luna, Mario Sánchez López, Marcelina Arco Pérez, Débora Sánchez Arco, Marcela Sánchez Arco, Mario Sánchez Arco, Isaías Sánchez Arco, Hilaria Pérez Jiménez, Mario Josué Sánchez Pérez, and Saraí Sánchez Pérez, and that it reach agreement with the beneficiaries and their representatives on the measures to be adopted.
MC 270-10 - Nazareth Migrant House and Human Rights Center, Nuevo Laredo, Mexique
On May 16, 2011, the IACHR granted precautionary measures on behalf of the members of Nazareth Migrant House and of the Human Rights Center of Nuevo Laredo, in Mexico. The request for precautionary measures claims that the members of Nazareth Migrant House and the Human Rights Center of Nuevo Laredo, in the state of Tamaulipas, have been followed and threatened. The Commission asked the State to take the steps necessary to ensure the lives and persons of the members of Nazareth Migrant House and the Human Rights Center of Nuevo Laredo, to agree on the measures to be adopted with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of this precautionary measure.
MC 143-11 - Leo Valladares Lanza and Daysi Pineda Madrid, Honduras
On April 26, 2011, the IACHR granted precautionary measures for Leo Valladares Lanza and Daysi Pineda Madrid, in Honduras. The request for precautionary measure indicates that Leo Valladares Lanza and his wife, Daysi Pineda Madrid, have been followed and subjected to acts of harassment by unknown individuals, following comments Valladares Lanza made on a television program in February 2011. It adds that on March 28, 2011, unknown individuals entered the offices of the Asociación por una Ciudadanía Participativa (Association for a Participatory Citizenship), of which Valladares Lanza is executive director, and went through the organization's documents. The request alleges that even though the petitioners had filed a complaint and a request for protection, the State had not adopted measures to ensure their security. The Inter-American Commission asked the State of Honduras to take the necessary measures to guarantee the life and physical integrity of Leo Valladares Lanza and Daysi Pineda Madrid; to ensure that Leo Valladares Lanza can continue his work of promoting and defending human rights under safe conditions; and to reach agreement with the beneficiaries and their representatives on the measures to be adopted.
MC 404-10 - Qom Navogoh Indigenous Community of "La Primavera," Argentina, Argentine
On April 21, 2011, the IACHR granted precautionary measures for the members of the Qom Navogoh indigenous community of "La Primavera," in the province of Formosa, Argentina. The request for precautionary measures alleges that members of the security forces had perpetrated a series of acts of violence against members of the community and that as a result, leader Félix Díaz and his family were forced to move to another region. The petitioners reported that the attackers were continuing to guard the area, creating a climate of tension among area residents. They also added that security measures that would allow the return of Félix Díaz and his family had not been implemented. The Inter-American Commission asked the State of Argentina to adopt any necessary measures to guarantee the life and physical integrity of the members of the Qom Navogoh indigenous community of "La Primavera" against possible threats, attacks, or acts of harassment on the part of members of the police, law enforcement officers, or other State agents, as well as to implement any necessary measures so that Félix Díaz and his family can return to the community under safe conditions.
MC 115-11 - Journalists at La Voz de Zacate Grande, Honduras
On April 18, 2011, the IACHR granted precautionary measures for the journalists at La Voz de Zacata Grande in Honduras. The request for precautionary measures indicates that since the radio station La Voz de Zacate Grande opened in April 2010, its journalists had been subject to acts of harassment and aggression on the part of private individuals and members of the State security forces. It alleges that on March 13, 2011, Franklin Meléndez was attacked with a firearm by alleged opponents of the radio station's editorial stance, and that other journalists from the station had then been subject to threats. The request alleges that the authorities had not investigated the incidents with due diligence. The Inter-American Commission requested that the State of Honduras adopt the necessary measures to guarantee the life and safety of the journalists at La Voz de Zacate Grande, and that it come to an agreement with the beneficiaries and their representatives on the measures to be adopted.
MC 269-08 - Members of the Lof Paichil Antriao Community of the Mapuche Indigenous People, Argentine
On April 6, 2011, the IACHR granted precautionary measures for the members of the Lof Paichil Antriao community of the Mapuche indigenous people. The request for precautionary measure alleges that there is a grave and urgent situation involving risk of irreparable harm stemming from acts of harassment; that there is a risk that a sacred place known as a Rewe will be destroyed; that access by members of the Lof Paichil Antriao community to the Rewe is being obstructed; and that families of the community have been displaced from territory they claim as their ancestral land. The request also alleges that while the Rewe is currently being protected by a domestic legal measure, the members of the community have not been able to gain access to the site to practice the rituals called for by their culture. It also indicates that the families that are displaced in areas adjacent to the disputed territory are facing a precarious situation with regard to health and food. The Inter-American Commission asked the State of Argentina to adopt the necessary measures to guarantee that the protective legal measure to prevent alteration of the Rewe located on the property that is the object of the litigation is not lifted until the IACHR has ruled on the merits of Petition 962-08, currently being examined. On this matter, the Commission also requested that the State adopt measures to ensure effective compliance with the aforementioned legal measure so that this sacred place is preserved. In addition, the IACHR asked the State to take the necessary steps to guarantee that members of the Lof Paichil Antriao community who need to access the Rewe to practice their rituals may do so, without police forces or other public or private security or surveillance groups hindering their access or their stay for whatever time they wish, and without episodes of violence, attacks, harassment, or threats on the part of the police of other security groups. Finally, the Commission requested that the State adopt the necessary measures to look after the health of the community families that are displaced in areas adjacent to the disputed territory, in order to guarantee their well-being.
MC 105-11 - Communities of the Kuna of Madungandí and Emberá of Bayano Peoples, Panama
On April 5, 2011, the IACHR granted precautionary measures for the Kuna of Madungandí and Emberá of Bayano peoples, in Panama. This precautionary measure is connected with Case 12.354, which is being processed by the IACHR and is now in the merits phase. (Admissibility Report No. 58/09 was approved on April 21, 2009.) The request for precautionary measure alleges that in February and March of 2011 there were massive intrusions into the territories of the Kuna of Madungandí and Emberá of Bayano indigenous reserve. It alleges that colonists violently seized and destroyed virgin forests that would have been used by the indigenous communities to ensure their food supply. The petitioners noted that this has been a recurring situation and alleged that the State is not adopting diligent measures to stop such invasions. In order to ensure that the subject of the petition in this case does not become moot, the Commission requested that the State of Panama adopt any necessary measures to protect the ancestral territory of the communities of the Kuna of Madungandí and Emberá of Bayano peoples from intrusions by third parties and from the destruction of their forests and crops, until such time as the IACHR has adopted a final decision in Case 12.354.
MC 87-11 - Blanca Estela Puac Menchú and Family, Guatemala
On April 4, 2011, the IACHR granted precautionary measures for Blanca Estela Puac Menchú and her family, in Guatemala. The request for precautionary measures alleges that Mrs. Blanca Estela Puac Menchú and her daughter were victims of an attack on February 12, 2011, which reportedly resulted in the death of agent William Estuardo Orozco Pineda and the wounding of agent Heberto Revolorio, both of whom were fulfilling their duty to protect her. The Inter-American Commission requested that the State of Guatemala adopt the necessary measures to guarantee the life and physical integrity of the beneficiaries, that it reach agreement with the beneficiaries and their representative on the measures to be adopted, and that it inform the IACHR on the steps taken to investigate the facts that led to the adoption of these precautionary measures.
MC 72-11 - Leonel Casco Gutiérrez, Honduras
On April 4, 2011, the IACHR granted precautionary measures for Leonel Casco Gutiérrez, in Honduras. The request for precautionary measures alleges that Leonel Casco Gutiérrez, Director of the legal area of the Ecumenical Human Rights Observatory in Honduras, is in a situation of risk due to his involvement in a series of public denunciations regarding an alleged plan to murder certain individuals in Honduras. In addition, the petitioner indicates that he and his wife have received threats via telephone messages. The Inter-American Commission asked the State of Honduras to adopt the necessary measures to guarantee the life and physical integrity of the beneficiary, and to come to an agreement with him on the measures to be adopted.
MC 382-10 - Indigenous Communities of the Xingu River Basin, Pará, Brésil
On April 1, 2011, the IACHR granted precautionary measures for the members of the indigenous communities of the Xingu River Basin in Pará, Brazil: the Arara of Volta Grande do Xingu; the Juruna of Paquiçamba; the Juruna of "Kilómetro 17"; the Xikrin of Trincheira Bacajá; the Asurini of Koatinemo; the Kararaô and Kayapó of the Kararaô indigenous lands; the Parakanã of Apyterewa; the Araweté of the Igarapé Ipixuna; the Arara of the Arara indigenous lands; the Arara of Cachoeira Seca; and the Xingu Basin indigenous communities in voluntary isolation. The request for precautionary measure alleges that the life and physical integrity of the beneficiaries is at risk due to the impact of the construction of the Belo Monte hydroelectric power plant. The Inter-American Commission requested that the State of Brazil immediately suspend the licensing process for the Belo Monte Hydroelectric Plant project and stop any construction work from moving forward until certain minimum conditions are met. The State must (1) conduct consultation processes, in fulfillment of its international obligations - meaning prior consultations that are free, informed, of good faith, culturally appropriate, and with the aim of reaching an agreement - in relation to each of the affected indigenous communities that are beneficiaries of these precautionary measures; (2) guarantee that, in order for this to be an informed consultation process, the indigenous communities have access beforehand to the project's Social and Environmental Impact Study, in an accessible format, including translation into the respective indigenous languages; (3) adopt measures to protect the life and physical integrity of the members of the indigenous peoples in voluntary isolation of the Xingu Basin, and to prevent the spread of diseases and epidemics among the indigenous communities being granted the precautionary measures as a consequence of the construction of the Belo Monte hydropower plant. This includes any diseases derived from the massive influx of people into the region as well as the exacerbation of transmission vectors of water-related diseases such as malaria.
On July 29, 2011, during its 142nd regular session, the IACHR evaluated Precautionary Measure 382/10, based on information submitted by the State and the petitioners, and modified the aim of the measure. The IACHR requested that the State: 1) Adopt measures to protect the lives, health, and physical integrity of the members of the Xingu Basin indigenous communities in voluntary isolation and to protect the cultural integrity of those communities, including effective actions to implement and execute the legal/formal measures that already exist, as well as to design and implement specific measures to mitigate the effects the construction of the Belo Monte dam will have on the territory and life of these communities in isolation; 2) Adopt measures to protect the health of the members of the Xingu Basin indigenous communities affected by the Belo Monte project, including (a) accelerating the finalization and implementation of the Integrated Program on Indigenous Health for the UHE Belo Monte region, and (b) designing and effectively implementing the recently stated plans and programs that had been specifically ordered by the FUNAI in Technical Opinion 21/09; and 3) Guarantee that the processes still pending to regularize the ancestral lands of the Xingu Basin indigenous peoples will be finalized soon, and adopt effective measures to protect those ancestral lands against intrusion and occupation by non-indigenous people and against the exploitation or deterioration of their natural resources. Moreover, the IACHR decided that the debate between the parties on prior consultation and informed consent with regard to the Belo Monte project has turned into a discussion on the merits of the matter, which goes beyond the scope of precautionary measures.
MC 80-11 - Maurice Tomlinson, Jamaïque
On March 21, 2011, the IACHR granted precautionary measures for Maurice Tomlinson, in Jamaica. The request for precautionary measures alleges that Maurice Tomlinson is facing a situation of risk due to his work as a defender of the rights of lesbian, gay, bisexual, trans, and intersex (LGBTI) persons in Jamaica. It indicates that he has been receiving death threats via e-mail, and that the State authorities have not adopted protection measures. The Inter-American Commission asked the State of Jamaica to adopt, in agreement with the beneficiary, the necessary measures to guarantee his life and physical integrity, and to inform the IACHR on the steps taken to investigate the facts that led to the adoption of these precautionary measures.
MC 61-11 - Members of the Awá Indigenous People of the Departments of Nariño and Putumayo, Colombie
On March 16, 2011, the IACHR granted precautionary measures for the members of the Awá indigenous people of the departments of Nariño and Putumayo, Colombia. According to the request for precautionary measure and information from various sources, the Awá people have been the target of numerous attacks, murders, and threats in the context of the armed conflict in Colombia. The information indicates that clashes between the Army and irregular armed groups have taken place recently in territory of the Chinguirito Mira indigenous reserve and of the community of La Hondita, leaving members of the Awá people caught in the middle of the crossfire. The request indicates, moreover, that in 2011 three accidents have reportedly taken place involving antipersonnel landmines planted in Awá ancestral territory by participants in the armed conflict. The Inter-American Commission requested that the State of Colombia adopt measures, agreed upon with the beneficiaries, to guarantee the life and physical integrity of the members of the Awá indigenous people of the departments of Nariño and Putumayo, including landmine removal their ancestral territory and landmine risk education for the members of the Awá people.
MC 62-11 - Félix Rocha Díaz, États-Unis
On March 10, 2011, the IACHR granted precautionary measures for Félix Rocha Díaz. The precautionary measures are accompanied by a petition concerning the alleged violation of Articles I, XVIII, XXV, and XXVI of the American Declaration, which is being processed under No. P 259-11. The request for precautionary measure alleges that there had been errors in Félix Rocha Díaz's legal representation at trial, and that the 13 years he has spent on death row constitutes cruel and unusual punishment. The Commission asked the United States to refrain from carrying out the death penalty until the Commission has the chance to rule on the petitioner's claim regarding the alleged violation of the American Declaration, so as not to render ineffective the processing of the claim in the inter-American human rights system.
MC 57-11 - Pedro Vicente Elvir and Dagoberto Posadas, Honduras
On March 9, 2011, the IACHR granted precautionary measures for Pedro Vicente Elvir and Dagoberto Posadas, in Honduras. The request for precautionary measures alleges that Pedro Vicente Elvir and Dagoberto Posadas, President and Director of the Communication Unit of the National Child Protection Workers Union (Sindicato de Trabajadores del Patrono Nacional de la Infancia, SITRAPANI), are in a situation of risk due to their work in the union. They are reported to have been victims of acts of violence in which their assailants used guns to frighten them. The Inter-American Commission asked the State of Honduras to adopt the necessary measures to guarantee the life and physical integrity of the beneficiaries, and to reach agreement with the beneficiaries and their representatives on the measures to be adopted.
MC 50-11 - Jimena Castillo et al., Honduras
On March 3, 2011, the IACHR granted precautionary measures for Jimena Castillo Canales, Lorena Ruiz, Berta Haydee Canales Alvarado, Gabriela Castillo Morales, and Ana Belia Morales Rivera, in Honduras. The request for precautionary measures alleges that on February 13, 2011, Jimena Castillo Canales and Lorena Ruiz were traveling in a vehicle when two masked individuals reportedly shot at them 15 times. Jimena Castillo was wounded in the arm, and eight bullets hit the vehicle. The Inter-American Commission asked the State of Honduras to adopt the necessary measures to guarantee the beneficiaries' life and physical integrity and to reach agreement with the beneficiaries and their representatives on the measures to be adopted.
MC 321-10 - Rapa Nui Indigenous People, Chili
On February 7, 2011, the IACHR granted precautionary measures for the Rapa Nui Indigenous People of Easter Island, Chile. The request for precautionary measure alleges that the Rapa Nui people's life and integrity are at risk due to acts of violence and intimidation reportedly carried out by police in the context of demonstrations and evictions. The Inter-American Commission asked the State of Chile to immediately bring an end to the use of armed violence in the execution of State administrative or judicial actions against members of the Rapa Nui people, including evictions from public spaces or from public or private property; to guarantee that the actions of State agents in the framework of protests and evictions do not jeopardize the life or physical integrity of the members of the Rapa Nui people; to inform the IACHR within 10 days about the adoption of these precautionary measures; and to update this information periodically. On October 31, 2011, the IACHR lifted the precautionary measure and archived the file.
MC 5-11 - Gary Resil, Harry Mocombe, Roland Joseph, Evel Camelien, and Pierre Louis, États-Unis
On February 1, 2011, the IACHR granted precautionary measures for Gary Resil, Harry Mocombe, Roland Joseph, Evel Camelien, and Pierre Louis, in the United States. The request for precautionary measure alleges that the lives and health of these individuals could be at grave risk if they were to be deported to Haiti, given that once they arrived in the country they would probably remain in custody, without access to food, drinking water, and adequate medical treatment. It also indicates that these individuals have their immediate families in the United States and that most of their family members in Haiti had died in the January 2010 earthquake. The Inter-American Commission asked that the United States suspend the deportation process in the case of the five beneficiaries until such time as: (1) Haiti is able to guarantee that detention conditions and access to medical care for persons in custody comply with applicable minimum standards, and (2) the procedures in place to decide upon and review the deportation of the five beneficiaries adequately take into account their right to family life and their family ties in the United States.
On May 31, 2011, the IACHR expanded Precautionary Measure 5/11 in favor of 33 persons facing deportation from the United States to Haiti. The identity of the beneficiaries will be kept under seal at the request of the applicants. The request for precautionary measure alleges that the lives and health of these individuals could be at grave risk if they were to be deported to Haiti, given their health conditions and the lack of relatives in Haiti to assist them in obtaining access to medical treatment, food and drinking water. The Inter-American Commission asked that the United States suspend the deportation process in the case of the 33 additional beneficiaries until such time as: (1) Haiti is able to guarantee that detention conditions and access to medical care for persons in custody comply with applicable minimum standards, and (2) the procedures in place to decide upon and review the deportation of the 33 beneficiaries adequately take into account their right to family life and their family ties in the United States. The IACHR also requested the United States to inform the Commission as to the actions taken in cooperation with the beneficiaries and the petitioners to implement these measures.
On June 27, 2011 the IACH extended this precautionary measure to protect two additional persons who requested their identity to be kept confidential.
On September 29, 2011 the IACHR extended this precautionary measure to protect Louis Raphael.
On June 5, 2012, the IACHR extended this precautionary measure to protect eight additional persons who requested their identity to be kept confidential.
MC 13-11 - Néstor Rodríguez Lobaina and Family, Cuba
On January 24, 2011, the IACHR granted precautionary measures for Néstor Rodríguez Lobaina and his family, in Cuba. The request for precautionary measure alleges that on December 9, 2010, Néstor Rodríguez Lobaina was out walking with his 10-year-old daughter, Diana Rodríguez Castillo, when he was intercepted by agents of the political police. According to the request, the agents reportedly hit him with pepper spray and put him in a patrol car, leaving the girl by herself, 15 blocks away from home. The request adds that after being detained for 72 hours at the Department for State Security Operations in the city of Guantánamo, he was apparently transferred on December 12 to the Guantánamo Provincial Prison and that his family has not received any information about his state of health or about any treatment he may or may not be receiving for burns he allegedly suffered as a result of the pepper spray having hit him at close range. The Inter-American Commission asked the State of Cuba to adopt any necessary measures to preserve and guarantee the life and physical integrity of Néstor Rodríguez Lobaina and his family, and to allow access and health treatment and monitoring by a doctor trusted by him or by an international organization.
MC 13-11 - Néstor Rodríguez Lobaina and Family, Cuba
On January 24, 2011, the IACHR granted precautionary measures for Néstor Rodríguez Lobaina and his family, in Cuba. The request for precautionary measure alleges that on December 9, 2010, Néstor Rodríguez Lobaina was out walking with his 10-year-old daughter, Diana Rodríguez Castillo, when he was intercepted by agents of the political police. According to the request, the agents reportedly hit him with pepper spray and put him in a patrol car, leaving the girl by herself, 15 blocks away from home. The request adds that after being detained for 72 hours at the Department for State Security Operations in the city of Guantánamo, he was apparently transferred on December 12 to the Guantánamo Provincial Prison and that his family has not received any information about his state of health or about any treatment he may or may not be receiving for burns he allegedly suffered as a result of the pepper spray having hit him at close range. The Inter-American Commission asked the State of Cuba to adopt any necessary measures to preserve and guarantee the life and physical integrity of Néstor Rodríguez Lobaina and his family, and to allow access and health treatment and monitoring by a doctor trusted by him or by an international organization.