Grants and extensions
PM 471-11 - Jurijus Kadamovas and others, United States
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.
PM 470-11 - Iván Teleguz, United States
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.
PM 18-09 - Paul Pierre, United States
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.
PM 465-11 - Virgilio Maldonado Rodríguez, United States
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.
PM 463-11 - Nelson Iván Serrano Sáenz, United States
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.
PM 301-11 - Manuel Valle, United States
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.
PM 160-11 - Kevin Cooper, United States
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.
PM 257-11 - Mark Anthony Stroman, United States
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.
PM 171-11 - Edwin A. Márquez González, United States
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.
PM 349-06 - Humberto Leal García, United States
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.
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PM 5-11 - Haitian Nationals in Process of Deportation, 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.
(The PM 5/11 was granted February 1, 2011; since them, the IACHR approved several amplifications.
PM 62-11 - Félix Rocha Díaz, United States
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.
PM 5-11 - Gary Resil, Harry Mocombe, Roland Joseph, Evel Camelien, and Pierre Louis, United States
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.