Ecuador

PM 30/14 − Fernando Alcibíades Villavicencio Valencia et al., Ecuador

On March 24, 2014, the IACHR requested that precautionary measures be adopted for Fernando Alcibíades Villavicencio Valencia, Cléver Jiménez, and Carlos Eduardo Figueroa Figueroa, in Ecuador. The request for precautionary measures had been presented in the context of individual petition P-107-14, which alleges violations of the rights enshrined in Articles 8 (right to fair trial), 9 (freedom from ex post facto laws), 13 (freedom of thought and expression), and 25 (judicial protection), in conjunction with the general obligations established in Articles 1(1) and 2 of the American Convention on Human Rights. Specifically, the petitioners asked for precautionary measures “in order for the State to suspend the implementation of the cassation ruling issued against them on January 14, 2014, due to the grave and irreparable harm the process itself and the subsequent judgment would have on their rights to life, physical integrity, personal liberty, political rights, and freedom of expression.” During the proceedings, the State presented reports on February 8 and 28, 2014. For their part, the petitioners presented additional reports on February 9 and 27 and March 17 and 19, 2014. After analyzing the allegations of fact and law presented by the parties, the Commission believes that the information presented shows prima facie that the rights of Messrs. Fernando Alcibíades Villavicencio Valencia, Cléver Jiménez, and Carlos Eduardo Figueroa Figueroa are in a serious, urgent situation of irreparable harm. Therefore, pursuant to Article 25(1) of its Rules of Procedure, the Commission asks the State of Ecuador to immediately suspend the effects of the January 14, 2014, decision issued by the Cassation Court of the National Court of Justice’s Specialized Chamber on Criminal, Military-Criminal, Police-Criminal, and Transit Matters, until the IACHR has ruled on individual petition P-107-14. Read the resolution here in Spanish.

Ecuador

LPM 406/11− Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga, Ecuador

On February 21, 2011, the IACHR granted precautionary measures in favor of Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga, in Ecuador. This decision is based on information received by the Commission since November 2011 regarding a process of libel and slander promoted by President Rafael Correa against journalist Emilio Palacio, the three directors of the newspaper El Universo - Carlos Perez Nicolas Lapentti, Carlos Perez Perez and Cesar Barriga Barriga - and the newspaper El Universo. According to the information provided, on February 15, 2012 the National Court of Justice of Ecuador confirmed the judgment sentencing the beneficiaries to three years in prison and ordering to pay 40 million dollars. The facts reported to the Commission could cause irreparable damage to the right to freedom of expression of Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga. Accordingly, the Commission on Human Rights requested the Government of Ecuador to immediately suspend the effects of the judgment of February 15, 2012, to ensure the right to freedom of expression of Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Pérez Barriga and César Pérez Barriga. In addition, the Commission decided to hold a hearing on March 28, 2012, to receive information from the parties on the adoption and observance of these precautionary measures. Following the hearing, the Commission will decide whether to continue these measures, modify them or lift them.
On March 9, 2012, the IACHR the IACHR lifted these precautionary measures and archived the file, after receiving a communication, dated February 29, 2012, in which the petitioners asked the measures to be lifted, given that the reasons of immediate urgency that has motivated them had ceased. In view of the decision to lift the measures, the IACHR also decided to cancel the hearing initially scheduled for March 28, 2012.

Honduras

PM 399/09− 15 workers of Progreso Radio, Honduras

On May 25, 2012, the IACHR decided to amplify Precautionary Measure 399/09, in favor of Jerson David Rivera Amaya, a journalist of Radio Progreso, in Honduras. According to the information received, Jerson David Rivera Amaya has been receiving threats since October 2011. It is also alleged that the authorities refused to take his complaint. The IACHR included Jerson David Rivera as a beneficiary of the precautionary measure and requested the State of Honduras to inform the IACHR on the consultation with the beneficiaries to agree on its implementation. The PM 399/09, which protects several workers of Progreso Radio in Honduras, was separated of PM 196/09 on April 1, 2011.

Honduras

PM 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.

PM 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.

Colombia

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 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.

Cuba

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.

Honduras

PM 196-09, Amplification − 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 196-09, Amplification – 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 196/09, Amplification - 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.

Colombia

PM 339-09 – Claudia Julieta Duque Orrego y MAGD, Colombia

On November 23, 2009, the IACHR granted precautionary measures for CJD and MAG, in Colombia. The request for precautionary measures alleges that the journalist CJD, who allegedly had been kidnapped in 2001 and forced to leave the country on three occasions, has been subject to ongoing threats and acts of harassment. The request indicates that on October 16, 2009, six individuals in four vehicles entered the residential complex where she lives, and some of them approached the door of her apartment. It adds that on June 20 and October 7, 2009, several calls were received on the cellular phones of CJD and her parents, in which unknown individuals asked about her younger daughter, MAG. The request also states that in 2008, CJD allegedly learned that her security escorts had produced intelligence reports on her and her daughter, in response to which she asked the Ministry of the Interior and Justice to appoint guards that she trusted. This request apparently received no response, and thus CJD petitioned the Constitutional Court for protection. On October 23, 2008, the Constitutional Court ordered the Ministry of the Interior and Justice to implement the security measures necessary to safeguard the life and physical integrity of CJD and ordered the Administrative Department of Security (DAS) to allow her access to the information about her in the entity's files. The request for precautionary measure indicates that the State has not complied with these orders, and that therefore there had apparently been an investigation into acts of contempt on June 11, 2009. The Commission asked the government of Colombia to adopt the measures necessary to guarantee the life and physical integrity of CJD and MAG, and to report on the actions taken to investigate the facts that led to the adoption of precautionary measures.

Guatemala

PM 262/09 - Félix Waldemar Maaz Bol, Guatemala

On September 29, 2009, the IACHR granted precautionary measures for Mr. Félix Waldemar Maaz Bol, in Guatemala, The request seeking precautionary measures alleges that Félix Waldemar Maaz Bol, President of the Association of Journalists of Alta Verapaz, had allegedly been the target of an attack with explosives on August 18, 2009, in the outside of his residence, due to his work as a journalist. The Inter-American Commission asked the State of Guatemala to adopt the measures necessary to guarantee the life, physical integrity and freedom of expression of the beneficiary, and to inform the IACHR about any actions taken to investigate the facts.

Honduras

PM 196-09, Amplification - César Omar Silva Rosales, Honduras

On December 31, 2009, the IACHR expanded Precautionary Measure PM 196-09 for César Omar Silva Rosales, in Honduras. The request for precautionary measures alleges that journalist Silva Rosales was kidnapped on December 28, 2009, by three armed individuals and that they interrogated him every 10 minutes over a period of approximately 24 hours, during which time he was mistreated, beaten, and threatened with death. The request indicates that he was freed in the vicinity of the Cerro Grande neighborhood, in eastern Tegucigalpa, a place used in the 1980s as a dumping ground for bodies. The Inter-American Commission asked the State to adopt the necessary measures to guarantee the life and personal integrity and the right to freedom of expression of César Omar Silva Rosales, and to investigate the facts that led to this request.

MC 196/09 - Ampliación de Medidas Cautelares, Honduras (in Spanish)

El 16 de octubre de 2009, la CIDH amplió la medida cautelar MC 196-09, para salvaguardar la vida, integridad personal y libertad de asociación de los miembros de la Asociación de Jóvenes en Movimiento, especialmente para los jóvenes Alex Eduardo Sorto Ortiz, Osmin David Valle Castillo, Yuris Espinoza, Jonathan Pastrana Pineda; y del profesor Luís Alexis Vallecillos Maradiaga, miembro del Colegio de Profesores de Educación Media de Honduras. Asimismo, la CIDH amplió dicha medida cautelar a favor de los trabajadores del Canal 36, Radio La Catracha, y Cholusat Sur Radio y Radio Globo, a fin de solicitar que se restituya el ejercicio de la libertad de expresión mediante la reapertura de estos medios de comunicación y la devolución de sus equipos de transmisión con el fin de garantizar el derecho a la libre expresión e información de éstos y de la sociedad hondureña. La CIDH solicitó contar con información sobre la implementación de las medidas requeridas en un plazo de 15 días.

Derecho a la libertad de expresión de los trabajadores de medios de comunicación y derecho a la información de la sociedad hondureña: (in Spanish)

En la solicitud de medidas cautelares se indica que en la madrugada del 28 de septiembre de 2009 se habrían presentado aproximadamente unos 60 militares y policías armados en las instalaciones de Canal 36, Radio La Catracha y Cholusat Sur Radio en Tegucigalpa. Estos agentes no habrían sido acompañados de ningún fiscal ni juez. Presuntamente habría estado presente un empleado de la Comisión Nacional de Telecomunicaciones (CONATEL), quien no se habría identificado. La solicitud indica que estas personas desconectaron y decomisaron equipos de transmisión y otros aparatos. Indicaron que las autoridades no levantaron acta ni inventario de lo decomisado, ni dejaron documento alguno sobre su actuación. El 1 de octubre de 2009 nuevamente se habrían apersonado policías y militares a la sede del Canal 36 y vigilaron el lugar durante algunas horas. Ante las consultas de la Fiscal de Derechos Humanos, Sandra Ponce, alegaron estar allí para “dar protección al canal”, pero la acción no fue coordinada con el propietario del canal ni informada a éste. Según se indica, Canal 36, Radio La Catracha y Cholusat Sur Radio se encuentran fuera del aire desde el 28 de septiembre de 2009.

La solicitud de medida cautelar indica que en la mañana del 28 de septiembre de 2009 un pelotón de más de 200 militares y policías habría ingresado mediante la fuerza, rompiendo tres puertas, a las instalaciones de Radio Globo en Tegucigalpa. Según se indicó, los militares habrían entrado al lugar sin que se hiciera presente juez ejecutor ni fiscal del Ministerio Público. La fiscal de derechos humanos, Sandra Ponce, y el propietario de la radio, Alejandro Villatoro Aguilar, intentaron ingresar al edificio alrededor de las 6:00 de la mañana pero los militares se lo habrían impedido; cuando los dejaron ingresar alrededor de las 11:30 de la mañana, el equipo de transmisión y otros aparatos habían sido sustraídos, así como documentos de la empresa y dinero en efectivo. Informan que hasta la fecha no se les ha notificado la supuesta resolución que ordenaría el cierre de la radio y decomiso de los equipos. Las autoridades que allanaron y confiscaron el equipo no levantaron acta ni inventario de lo decomisado, ni dejaron documento alguno sobre su actuación. La solicitud indica que Radio Globo se encuentra fuera del aire desde el 28 de septiembre de 2009.

Los solicitantes señalan que los cierres de estos medios de comunicación supuestamente se fundamentan en la aplicación del Decreto No. PCM-16-2009, en el acuerdo 136/2009 del Despacho de Gobernación y Justicia, y en el acuerdo OD 19/2009 de la Comisión Nacional de Telecomunicaciones (CONATEL). Esta última resolución que justifica el cierre y el decomiso de los bienes señala que la falta que se les imputa es la de tener conductas “alteradoras de la paz y alentadoras de llamados a insurrección popular que atentan contra el orden público y la seguridad nacional del Estado, ofendiendo la dignidad humana del señor Presidente de la República señor Roberto Micheletti, y otros funcionarios públicos de su gobierno, atentando contra la Ley y las resoluciones gubernamentales, lo cual está contemplado como prohibiciones en el artículo 3 numeral 3 del Decreto número PCM-M-016-2009, emitido por el Presidente de la República en Consejo de Ministros el 22 de septiembre de 2009 y publicado en el diario Oficial La Gaceta el 26 de este mismo mes y año”.

El 5 de octubre de 2009 el gobierno de facto de Honduras anunció la derogación del decreto ejecutivo PCM-M-016-2009, emitido en Consejo de Ministros y publicado en el diario oficial La Gaceta el 26 de septiembre de 2009, mediante el cual se restringían varias garantías constitucionales, entre ellas las de movilización, asociación y libertad de expresión. La información recibida indica que un día después de la derogación del decreto, el 6 de octubre de 2009, altas autoridades del gobierno de facto habrían manifestado públicamente que “la anulación del decreto no beneficia de inmediato a Radio Globo y a Canal 36, cuyos propietarios, según dijo, tendrán que acudir a los tribunales como corresponde para poder rescatar su derecho, su permiso, para poder estar en el aire”.

MC 196/09 - Ampliación de Medidas Cautelares, Honduras (in Spanish)

El 4 de septiembre de 2009, la CIDH decidió una nueva ampliación de las medidas cautelares MC 196-09, a fin de salvaguardar la vida e integridad de personas en Honduras respecto de las cuales se ha recibido indicaciones de la existencia de una situación de riesgo. Las siguientes personas pasaron a estar incluidas en el marco de las medidas cautelares:

José Edgardo Castro Rodríguez, periodista, quien, según la información recibida, habría sido detenido el 30 de julio de 2009 por la policía y miembros del ejército en el sector de Comayagua y habría recibido golpes y gas pimienta en los ojos estando esposado. La información indica además que el 3 de agosto el señor Castro Rodríguez habría sido interceptado en su vehiculo particular por policías que lo golpearon, rompieron los vidrios de su automóvil y lo trasladaron a la posta policial de San Pedro Sula, de donde fue liberado cuatro horas más tarde. Según documentación del Ministerio Público, se habría dado inicio a una investigación en contra de miembros de la policía preventiva y miembros del ejército por presuntos delito de detención ilegal y torturas en perjuicio del beneficiario. Según se informó, el señor Castro Rodríguez habría sido objeto de actos de hostigamiento continuos desde su denuncia por tortura.

Por otra parte, el 4 de septiembre de 2009 la CIDH solicitó información sobre situaciones y/o amenazas y actos de violencia contra personas en el marco de las competencias otorgadas por el Artículo 41 de la Convención Americana, en un plazo de 10 días, según el siguiente detalle:

Seguridad en las instalaciones del Canal 36 ubicado en Colonia Tepeyac, Cale Froylan Turcios y las instalaciones en el Cerro de Canta Gallo y situación de los periodistas Javier Aguilera, Ibis Alvarado, Allan Fiallos, Richard Casula, Selin López, Mario Rolando Suazo, Claudia Cáceres; los camarógrafos Alejandro Fiallos, José Fiallos, Salvador Sandoval; los conductores: Alex Reyes y Rigoberto Pérez, el vigilante Pedro Ochoa; los operadores Orlin Rodríguez y Alexander Chang, el presentador Aníbal Rojas; el locutor Franklin Gómez; y la gerente administrativa Tanya Layal Ghosher. Según se ha informado, el 10 de agosto de 2009, al periodista Ivis Alvarado y al camarógrafo Alejandro Fiallos, ambos de Canal 36 y acreditados a la Casa Presidencial, no se les habría permitido el ingreso a la misma “por órdenes superiores”. El director del Canal 36 habría informado que no se les permitió retirar el equipamiento que habitualmente tienen en la Casa Presidencial para transmitir (micrófonos, cables, y otros elementos). Adicionalmente, en la noche del 23 de agosto de 2009, personas armadas y encapuchadas habrían llegado hasta el cerro de Canta Gallo, donde se ubican los transmisores de canal 36, amenazaron al vigilante con armas de fuego, lo lanzaron al suelo y le ordenaron poner las manos sobre la nuca. Según se informó, los desconocidos derramaron una sustancia química sobre los transmisores, dañándolos de manera que Canal 36 no pudo continuar transmitiendo. Se informó asimismo que los mismos individuos armados posteriormente a desconectar los cables de los transmisores de Radio Globo.

Juan Carlos Cruz, periodista de la estatal Radio Nacional de Honduras. Según lo informado el periodista habría sido golpeado y arrestado por la policía el 31 de julio de 2009, cuando filmaba un enfrentamiento entre policías y jóvenes en Comayagüela, y estuvo detenido 18 horas en la Cuarta Estación policial de Comayagüela.

Según información recibida, el 6 de agosto de 2009 se habrían recibido amenazas de muerte vía telefónica contra el personal del Instituto Hondureño de Desarrollo Rural, dos días después de que el Instituto colaborara con la visita del Relator Especial de Naciones Unidas para la Libre Expresión del Pensamiento, Frank La Rue. En particular, señalan que se encontrarían en peligro Oscar Aníbal Puerto Posas, Xelenna Clareth García Martínez, Jorge Alexis Moncada Banegas, Georgina Alonzo Fúnez Lourdes, Suyapa Martínez Herrera Melvin, Yovanni Bustillo Sevilla, María Marciana Carrasco Elvir, José Antonio Aguirre, Rosa Odilí Membreño Enamorado, Esly Nereyda Castañeda Mazariegos, Nancy Elizabeth Rodríguez, Jonás Lara Jordán, Irene Montoya Mariano Méndez Ávila, Sonia María Carranza Hernández, Pedro Humberto Meraz Meraz, Mario Alberto Centeno Cáceres, José Omar Ayala Guillén, Carlos Andrés Paredes Rivera, Evelio Vásquez Maryori Vanessa Cárcamo Medina, Fany Guadalupe Flores Herrera y Silvia Elena Álvarez Carranza.

PM 196/09 – Amplification of Precautionary Measures, Honduras

On August 7, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of persons in Honduras, who, according to information received, are at risk.

Additionally, the IACHR requested information about the following situations and/or threats and acts of violence against persons. This information is requested within the framework of the competencies offered by Article 41 of the American Convention. The IACHR set a 48 hour deadline to receive information about the following:

According to information received, Radio Globo indicated that on August 4, 2009, it received a notification from the National Telecommunications Commission of Honduras, which assigns radio and television frequencies. The notification included the solicitation of a lawyer who is presumably part of the legal auditor of the Armed Forces, and requested to suspend the media organization from being used to commit acts of sedition.

According to information received, an explosive device was thrown at Channel 6’s buildings in San Pedro Sula during the end of July. The channel is known for reporting on both sides of the coup d’état.

On August 5, 2009, in the city of Tegucigalpa, military forces, the Special Operations Forces (COBRA) and members of the Riot Police repressed a demonstration concentrated in the National Autonomous University of Honduras (UNAH). Concurrent with information received, security forces repressed students using teargas, water tanks with pepper spray and by firing off their guns, presumably using rubber bullets. Additionally, they confiscated the video cameras of students who were trying to document the situation. The total number of demonstrators who were injured is still undetermined.

Specifically, information received indicates that UNAH Rector Julieta Castellanos, Professor Ramón Romero (also said to be the vice-rector of UNAH), University Commissioner Olvin Rodríguez (also said to be the Secretary of the Institution) and Professor Daniel Matamoros Watson were physically harassed by members of the security forces, as they attempted to intercede and end the repression against the demonstrators. Finally, information received indicates that one of the injured students, Allan Noe Hernández, had been transferred to the School Hospital. Another student had received medical attention in a private institution, and the rest of the injured persons received medical attention in the UNAH buildings themselves.

PM 196/09 – Amplification of Precautionary Measures, Honduras

On July 30, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of persons in Honduras, who, according to information received, are at risk. This list of protected persons complements lists transmitted via communications dated June 28 and 29 as well as communications dated July 2, 3, 10, 15 and 24, 2009.

The IACHR requested that the necessary measures be adopted to ensure the life and personal integrity of all of the beneficiaries. Through the Commission’s July 30 decision, the following persons are now included in the framework of precautionary measures 196-09:

Juan Carlos Trochez, 24, who reportedly suffered two gunshot wounds during a shooting in which 11 bullets were fired at his car on July 24, 2009. According to information received by the IACHR, Juan Carlos is the son of Liberal Party Representative Rodrigo Trochez. Juan Carlos Trochez was shot after members of the Honduran Assembly, including his father, denounced the coup d’état before members of the United States Congress in Washington.

Rommel Gómez, a Radio Progreso journalist, and his wife, Miryam Espinal, who have allegedly received telephone calls containing death threats. On July 10, 2009, the IACHR requested information about Rommel under Article 41 of the American Convention. To date, no information has been received.

Additionally, the IACHR requested information about the following situations and/or threats and acts of violence against persons. This information is requested within the framework of the competencies offered by Article 41 of the American Convention. The IACHR set a 48 hour deadline to receive information about the following:

With respect to journalists, information received on July 25, 2009 stated that a group of foreign journalists had been attacked by members of the Police Forces in Danlí. According to the information received, photojournalist Wendy Olivo of the Agencia Bolivariana de Noticias was attacked while trying to take photographs of people detained by a police patrol. When she refused to hand over her camera to the police, Olivo was reportedly struck. Other journalists were also attacked when they tried to defend the photographer.

Similarly, reporters from daily newspaper La Tribuna stated that they had been the subject of aggression by the pro-Zelaya protesters. The journalists reported that the protesters were presumably in favor of President Zelaya’s return, and the attack occurred on July 26, 2009 in the department of El Paraíso. According to information received, a group of people had been trying to remove Henry Carvajal’s camera, and when journalist Martín Rodríguez intervened, they also grabbed him. The protesters reportedly accused them of being coup organizers. Carvajal reports that due to the attack, the photos he had taken that the day were lost.

PM 196-09 Amplification of Precautionary Measures, Honduras

On July 10, 2009, the Inter-American Commission on Human Rights (IACHR) decided a new amplification of precautionary measures PM 196-09, in order to safeguard the life and personal integrity of persons in Honduras, who, according to information received, are at risk. This list of protected persons complement the lists that were transmitted through press releases issued on June 28, June 29 and July 2, 2009.

Likewise, in the exercise of the attributions offered by Article 41 of the Inter-American Convention on Human Rights, the Commission requests information about the situation of the following people and events:

Freedom of expression:
1. The interruption of the Santa Rosa de Copán radio signal, located in the department of the same name, on July 3, 2009;
2. A protest comprised of thousands of people in front of the Presidential House in Tegucigalpa on July 3, 2009, dispersed by soldiers and police, in which people had been beaten and detained;
3. A protest comprised of 4,000 peasants in the department of Olancho in which people had been beaten and detained. They were found at about 2:00 a.m. on July 3, 2009 in the town of Limones, where they were dispersed by soldiers and police.

MC 196-09 - Amplification of Precautionary Measures, Honduras

On July 2, 2009, the IACHR decided a new amplification of precautionary measures PM 196-09 in order to safeguard the life and personal integrity of persons in Honduras who, according to the information received, are at risk. The IACHR requested that necessary measures be adopted to assure the life and personal integrity of all of the beneficiaries. In respect to those who have been arbitrarily detained and/or whose whereabouts remain unknown, the Commission requested to be informed of their whereabouts immediately. In the case of those arbitrarily detained, the Commission requested that these individuals be freed immediately. The IACHR set a deadline of 48 hours to receive information about the implementation of these required measures.

Additionally, the Commission requested information with a deadline of 48 hours on the following situations:

Libertad de expresión:
1. la clausura del Canal 36, el Canal 8 y medios de comunicación estatal;
2. la prohibición al Diario El Tiempo y el Canal 11 de transmitir declaraciones de funcionarios del Gobierno del Presidente Zelaya;
3. la toma y clausura de Radio Progreso por elementos militares;
4. la orden, bajo amenaza de fuerza, para que dos equipos de TeleSUR desmontasen sus equipos e interrumpiesen transmisiones;
5. la prohibición de transmitir a canales de televisión por cable (vg. TeleSUR, CNN, CubaVisión Internacional); y
6. la toma de Radio Globo por elementos militares y las presuntas vejaciones, amenazas e intimidaciones contra su personal.

MC 196-09 - Amplification of Precautionary Measures, Honduras

On June 29, 2009, the IACHR amplified the precautionary measures in favor of Edran Amado López, Bertha Cáceres and César Ham. According to information received by the IACHR, military forces have been surrounding the house of Bertha Cáceres, member of the Civic Council of Popular and Indigenous Organizations of Honduras (Consejo Cívico de Organizaciones Populares e Indígenas de Honduras). Military forces have allegedly also surrounded the house of César Ham, Representative in the National Congress by the Partido Unificación Democrática. The military also allegedly fired on Representative Ham’s house with machine-guns. Additionally, Edran Amado López, a journalist on the TV Channel 36 program Cholusatsur, was allegedly detained and his whereabouts remain unknown. The IACHR requested that the necessary measures be adopted to guarantee the life and personal integrity of the beneficiaries. In the case of Edran Amado López, the Commission also asked for information about his whereabouts and, should he be arbitrary detained, that he be released immediately. The IACHR asked that information regarding the implementation of these amplified measures be transmitted urgently, no later than July 1, 2009. The IACHR set the same July 1 deadline to receive information from Honduras regarding the situation of Roger Ulises Peña, Alan McDonald, Adriana Sivori, Larry Sánchez, María José Díaz and Freddy Quintero. According to the information received, Roger Ulises Peña, a union member, was allegedly attacked by a military command on June 29, 2009, and that his current health situation is very critical. Alan McDonald, a cartoonist, was allegedly arbitrarily detained along with his 17-month-old daughter when a group of soldiers allegedly raided his house and destroyed his cartoons. Military forces allegedly arbitrarily detained TeleSUR correspondents Adriana Sivori, Larry Sánchez, María José Díaz, and Freddy Quintero, and confiscated their notes and equipment.

Regarding the status of freedom of expression, the IACHR requests information from Honduras about the alleged shutting down of Channel 36, Channel 8 and State media; the alleged seizure of HONDUTEL by military forces; the alleged deliberate shut down of electricity and telephone services; the alleged order, under threat of force, that two TeleSUR teams dismantle their equipment and interrupt their transmissions; the alleged prohibition on cable TV broadcast channels (TeleSUR, CNN, CubaVisión Internacional); the alleged prohibition on reproducing or broadcasting declarations of officials of the Government of President Zelaya by newspaper el Tiempo and Channel 11; the seizure of Radio Globo by military forces and the alleged attacks and threats against its staff, including Alejandro Villatoro, Lidieth Díaz, Rony Martínez, Franklin Mejía, David Ellner Romero, and Orlando Villatoro; the alleged seizure of Radio Progreso by military forces; the measures adopted to guarantee the life and personal integrity of an El Heraldo newspaper journalist, who was allegedly attacked by private persons during a protest in front of the Presidential House; and the alleged detention of 22 buses containing indigenous peoples from Olancho and Jesus de Otoro.

Panama

PM 56/08—Ngöbe Indigenous Communities et al., Panama

On June 18, 2009, the IACHR granted precautionary measures for members of the indigenous communities of the Ngöbe people, who live along the Changuinola River in the province of Bocas del Toro, Panama. The request for precautionary measures alleges that in May 2007, a 20-year concession was approved for a company to build hydroelectric dams along the Teribe-Changuinola River, in a 6,215-hectare area within the Palo Seco protected forest. It adds that one of the dams authorized to be built is the Chan-75, which has been under construction since January 2008 and which would flood the area in which four Ngöbe indigenous communities have been established—Charco la Pava, Valle del Rey, Guayabal, and Changuinola Arriba—with a population of approximately 1,000 people. Another 4,000 Ngöbe people would also be affected by the construction of the dam. They allege that the lands affected by the dam are part of their ancestral territory and are used to carry out their traditional hunting and fishing activities. The Inter-American Commission believed that precautionary measures should be granted to avoid irreparable harm to the right to property and security of the Ngöbe indigenous people in the province of Bocas del Toro. The IACHR requested that the State of Panama suspend construction and other activities related to the concession until the bodies of the inter-American human rights system can adopt a final decision on the matter raised in Petition 286/08, which alleges violations of the rights protected under Articles 5, 7, 8, 13, 19, 21, 23, and 25 of the American Convention on Human Rights. The IACHR also asked the State of Panama to adopt the measures necessary to guarantee the free circulation as well as the life and physical integrity of the members of the Ngöbe community, in order to prevent acts of violence or intimidation measures.

Guatemala

PM 295/08 José Pelicó Pérez and his family

On November 3, 2008, the IACHR granted the request for precautionary measures on behalf of Mr. José Pelicó Pérez and his family. The request seeking precautionary measures alleges that the beneficiaries have been receiving threats and have been followed since April 2008, presumably because of Mr. Pelicó Pérez’ work as an investigative journalist with the Centro de Reportes Informativos sobre Guatemala (CERIGUA) [Center of News Reports on Guatemala]. The request states further that on October 5, 2008, Mr. Pelicó’s wife and son had been threatened with a firearm. Given the situation, the IACHR asked the Guatemalan state to take the measures necessary to preserve the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the events that warranted the adoption of precautionary measures. The Commission continues to monitor the situation.

Mexico

PM 102/08 Rafael Rodríguez Castañeda

On July 3, 2008, the IACHR granted a request for precautionary measures to preserve journalist Rafael Rodríguez Castañeda’s right to access information. The request seeking precautionary measures is associated with petition P492/08 which alleges, inter alia, that the courts’ refusal to provide access to leftover ballots, unused ballots, ballots declared to be valid and those nullified in the election held on July 2, 2006, before those ballots were destroyed, is a violation of Article 13 of the American Convention. The Commission asked the Mexican state to suspend plans to destroy the ballots until it is able to rule on the merits of the petition filed by Rafael Rodríguez Castañeda. The granting of precautionary measures does not imply any prejudgment on the merits of the complaint.

Honduras

Héctor Geovanny García Castellanos and Martín Omar Ramírez, Honduras

On November 1, 2007, the IACHR granted precautionary measures in favor of journalists Héctor Geovanny García Castellanos and Martín Omar Ramírez. The information available indicates that in September 2007, Mr. García Castellanos was the victim of an attack by firearm when traveling in the city of Tegucigalpa in his car, and that Mr. Ramírez received death threats as of September 2007. In both cases, it is indicated that the threats and acts of violence are related to the exercise of journalism. The Commission asked that the Honduran State adopt the measures needed to guarantee the life and physical integrity of the beneficiaries, and report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.

Mexico

Esteban Abel Sánchez Campos and others, Mexico

On February 16, 2007, the IACHR granted precautionary measures to Esteban Abel Sánchez Campos, Emilio Santiago Ambrosio, Darío Roberto Campos Martínez, Carlos Bourget Aguilar, and Marta Elia Aguilar García, all workers with Radio Calenda in Oaxaca. The information available indicates that the beneficiaries have been threatened and attacked by the local mayor (presidente del municipio) where this radio station operates, and persons close to him. On November 26, 2006, Mr. Campos Martínez was said to have been kidnapped as he walked along a street of Oaxaca, and held in a vehicle for approximately one hour; he is said to have been assaulted and intimidated to get Radio Calenda to stop putting out information unfavorable to the mayor. It was indicated that on January 24, 2007, the mayor shot twice, with a firearm, at reporter Sánchez Campos, who was close to the city hall (Palacio Municipal) and was not hit. The same say, an associate of the mayor had thrown a stone at Mr. Santiago Ambrosio, who suffered an eye injury. In view of the situation, the Commission asked the Mexican State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.

Colombia

Marcos Perales Mendoza and family, Colombia

On August 1, 2006, the IACHR granted precautionary measures in favor of the journalist Marcos Perales Mendoza and his family, in the Republic of Colombia. The information states that the journalist and his family have been the targets of death threats since May, 2005. It is alleged that the threats, which were made by email, began following the publication of articles about allegedly corrupt acts in the office of the mayor of the city of Barrancabermeja, and the participation of members of paramilitary groups in the administration of that municipality. The articles were published in the Portada daily newspaper, which circulates in the Department of Santander and belongs to Mr. Marcos Perales Mendoza. Given the threats, Mr. Marcos Perales and his family were obliged to leave the city of Barrancabermeja, in spite of which the threats continued. The Commission requested that the Government of Colombia adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on the action it has taken to investigate legally the events which gave rise to the precautionary measures. The Commission is monitoring the beneficiaries’ situation.

Guatemala

Oscar Rodolfo Castañeda Rosales and others, Guatemala

On August 30, 2006, the IACHR granted precautionary measures in favor of the journalists and workers of “Radio 10”, Oscar Rodolfo Castañeda Rosales, Vinicio Aguilar Mancilla, Liza María Castañeda Acuña, Juan Rodolfo Sánchez Sub, Marvin Alexis Ponce Salazar, Abel Oswaldo Orellana, Víctor Eduardo Escobar Orellana, Juan Francisco Sacor Gómez, Estela Damaris Noj Tumaz, Edgar Antonio Hernández Zamora, Xeyli Magali Alfaro Hernández, Iris Ibeth Pérez Herrera Wily Maldonado Rabanales, Anamaría Rosales, Doblas Castañeda Rosales, Esther Castañeda Rosales, Luís Quiñones Esquivel, Liza María Castañeda Acuña, and Nelly Stephanie Castañeda Cestony. The information available states that the workers are victims of reprisals and intimidation as a consequene of claims of corruption made by the radio. Specifically, on August 23, 2006, driver Vinicio Aguilar was wounded in a firearm attack and the journalist Rodolfo Castañeda received a death threat during his radio program. In addition, interference on the radio frequencies increased, and broadcasting equipment stolen. In view of this, the Commission requested that the Government of Guatemala adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures. The Commission is monitoring the beneficiaries’ situation.

Mexico

Arabella del Carmen Jiménez Sánchez and others, Mexico

On September 19, 2006, the IACHR granted precautionary measures in favor of Arabella del Carmen Jiménez Sánchez, Daniel Iván García Manrique, Verónica Galicia Castro, Esperanza Aurora Rascón Córdova, and Oscar Reséndiz Galván, all journalists or workers at the “La Voladora” radio station. The available information states that the journalists and workers at “La Voladora” have been subjected to threats and attacks because of their work as journalists. In view of the information, the Commission requested that the Government of Mexico adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures. The IACHR is monitoring the beneficiaries’ situation.

Colombia

Ricardo Gálvez, Aníbal Ortiz and Germán Galviz, Colombia

On January 18, 2005, the IACHR granted precautionary measures in favor of the journalists Ricardo Gálvez, Aníbal Ortiz and Germán Galviz (or Galvis). The available information indicates that these journalists host a program on Radio Lemas in the city of Cúcuta that addresses issues of law and order and hosts debates on matters of corruption and insecurity in the department of Santander, and that as a consequence they have received death threats and other forms of harassment. It is alleged that on January 11, 2005, the journalist Julio Humberto Palacios was murdered while traveling to the radio station. Given the risks facing the beneficiaries, the Commission asked the Colombian Government to adopt the measures necessary to protect the lives and personal integrity of the journalists Ricardo Gálvez, Aníbal Ortiz, and Germán Galviz (or Galvis), and to inform the Commission of the steps taken to investigate the incidents that led to the adoption of precautionary measures. The Commission continues to monitor the situation of the beneficiaries.

Ecuador

Orlando Pérez Torres and others, Ecuador

On February 24, 2005, the IACHR granted precautionary measures on behalf of Orlando Pérez Torres, Antonio Ricaurte, Paco Velasco, Patricio Acosta, Blasco Peñaherrera Solah, Diego Guzmán, and Maria Paula Romo, all of whom are journalists with Radio La Luna in Ecuador. The information available indicates that these individuals had suffered death threats, attacks, and assaults on their lives because of their journalism work. Given the risks facing the beneficiaries, the Commission asked the Ecuadorian State to adopt the measures necessary to protect the life and personal integrity of the journalists Orlando Pérez Torres, Antonio Ricaurte, Paco Velasco, Patricio Acosta, Blasco Peñaherrera Solah, Diego Guzmán, and Maria Paula Romo. On May 26, 2005, the Commission asked the Ecuadorian Government to amplify the precautionary measures in favor of Luis Ramiro Poso, Patricia Perez Duque, Ataulfo Tobar, Henry Ochoa, William Perez, Erica Castro, Jonny Pinargote, Mary de Pinargote, and Argeni Pinargote, all of whom are employees of La Luna, after an incident in which men armed with sticks and iron bars caused a disturbance in front of the radio station. The Commission continues to monitor the situation of the beneficiaries.

Mexico

Ericel Gómez Nucamendi and workers with the newspaper “Noticias, Voz e Imagen de Oaxaca”, México

On October 31, 2005, the IACHR granted precautionary measures in favor of Ericel Gómez Nucamendi and an additional 116 workers with the daily newspaper Noticias, Voz e Imagen de Oaxaca. The information available indicates that members of the staff at the paper have received constant threats, directly and by telephone, in apparent retaliation for their work as a media outlet that criticizes Oaxaca state policies. These threats have escalated into acts of violence and harassment. In light of the background to this case, the Commission asked the Mexican State to adopt the measures necessary to guarantee the lives, personal integrity, and freedom of expression of Ericel Gómez Nucamendi and 116 employees of the newspaper Noticias, Voz e Imagen de Oaxaca, and to investigate the incidents that led to the adoption of precautionary measures. During its visit to Mexico in August 2005, an IACHR delegation met in Oaxaca with representatives of the petitioners and government authorities in order to receive up-to-date information on the request. The Commission continues to monitor the situation of the beneficiaries.

Panama

Santander Tristán Donoso, Panama

On September 15, 2005, the Commission granted provisional measures in favor of Santander Tristán Donoso in the context of Case 12.360. The information available indicates that Panama’s Attorney General had charged Mr. Tristán Donoso with slander and defamation after he publicly reported in July 1996 that the attorney general’s office had tapped, recorded, and published his telephone calls. The first-instance trial ended with Mr. Donoso’s acquittal but this decision was later overturned and Mr. Donoso was ordered to pay a fine, in default of which he would face imprisonment for 18 months. Consequently, Mr. Donoso’s nonpayment led to an order for his arrest. In light of the situation, the Commission asked the Panamanian State to suspend execution of the sentence (the arrest) until the Inter-American Commission could conclude its examination of the case and adopt the corresponding report on merits, in accordance with the precedent set by the Inter-American Court in the La Nación case, in which an order was issued requiring that execution of a judicial sentence be suspended.

Guatemala

Héctor Ramírez Rubio and others, Guatemala

On May 26, 2004, the Commission granted precautionary measures in favor of Héctor Ramírez Rubio, Jorge Vinicio Ramírez Rubio, Byron Alejandro Ramírez Rubio, Carol Stephanie Gudiel Morales, Blanca Estela Gudiel Morales, Ronald Estuardo Gudiel Morales, Mynor Iván Gudiel Morales, Carmen Roxana Morales de Gudiel, and Ronald Gudiel Morales. Available information indicates that the beneficiaries have been the targets of death threats and other acts of intimidation, in retaliation for a complaint filed against Efraín Ríos Montt and his followers because of the death of the journalist Héctor Ramírez Rubio. This death took place in a context of violence on July 24-25, 2003 when hooded mobs armed with sticks and stones protested in the streets of Guatemala City to support the registration of Efraín Ríos Montt as a candidate in the presidential elections. In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the life and personal safety of the above-mentioned persons and to report on the actions undertaken to investigate the threats made against them. The Commission continues to monitor the situation of the protected persons.

Edgard Orlando Acajabón Morales and others, Guatemala

On October 29, 2004, the IACHR granted precautionary measures in favor of Edgard Orlando Acajabón Morales, Luis Mario Morales Mejía, Marvin Guillén, Fredy Rodas, Julio Rodas, Mynor Toj, Luis Romero, and Gerardo Montenegro, journalists associated with the news reports “Nuestro Diario” and “Cable DX”. Available information indicates that the journalists had been the targets of threats and assaults after they had witnessed violence in the eviction from the Nueva Linda Farm on August 31, 2004. In view of the risk for the beneficiaries, the Commission requested the Guatemalan State to adopt the necessary measures to protect the lives and physical integrity of the beneficiaries and to report on the actions undertaken to investigate the threats made against them. The Commission continues to monitor the situation of the protected persons.

Venezuela

Víctor López Yépez and Adda Pérez, Venezuela

On March 11, 2004, the IACHR granted precautionary measures in favor of the president and director of the community broadcasting station Máxima 104.3 FM, Víctor López Yépez and Adda Pérez. Available information indicates that on March 2, 2004, a group of approximately 30 persons, presumably belonging to the “Gente de Petróleo” organization, armed with sticks and stones, assaulted the journalists Víctor López Yépez and Adda Pérez while returning from work. Likewise, the Petitioners indicate that they had received threats of arson on various occasions at the main office of the radio station. They allege that the threats were reported to the National Guard, the Regional Police, and the Police Institute of Cabimas, although no response has been forthcoming. In view of the risks to the beneficiaries, the IACHR requested the Venezuela State to adopt the measures necessary to protect the lives and physical integrity of the journalists as well as the installations of the radio station, and to report on the actions undertaken to clarify the facts justifying the adoption of precautionary measures. The Commission continues to monitor the situation of the protected persons.

Guatemala

María de los Ángeles Monzón Paredes and family, Guatemala

On March 18, 2003, the Commission granted precautionary measures on behalf of María de los Ángeles Monzón Paredes, a Guatemalan journalist who has done crucial work on issues related to the observance and protection of human rights, and of her family. The information available indicates that she has received threats in the wake of publishing articles on the situation of the Azmitia Dorantes family–the petitioner in a case before the IACHR–and the assassination of indigenous leader Antonio Pop. In addition, in the early morning hours of March 2, 2003, unknown persons entered her home, checked her vehicles, and removed property of hers, allegedly to make it look like a robbery. In view of the risk to which the beneficiaries are exposed, the Commission asked the Guatemalan State to adopt the measures needed to protect the life, personal integrity, and freedom of expression of María de los Ángeles Monzón Paredes and to investigate the threats against her. In response, the State reported on the implementation of perimeter security measures for her and her family. Later, the IACHR learned that Ms. Monzón had continued receiving death threats.

Alejandro Escobar Durán and others, Guatemala

On July 7, 2003, the Commission granted precautionary measures on behalf of Alejandro Escobar Durán, Julián García López, Rosa Lidia Roquez Quizar, Gavino Quizar Vázquez, Fidadelfo Mejía, Pedro Vázquez Borja, Lázaro Gutiérrez Vázquez, and Agustín López, members of the Alianza Nueva Nacional (ANN) party in the department of Chiquimula. The information available indicates that activists of the ANN party have been subject to threats and acts of violence with deadly consequences. Specifically, on March 26, 2003, Filadelfo Mejía was subject to acts of intimidation by the municipal mayor of Quetzalpeteque. On June 17, 2003, in the municipality of San Juan la Ermita, nine persons using firearms attacked Messrs. Gabino Vásquez, Lázaro Gutiérrez Vásquez, and Petronilo Quizar Vásquez, who died on the spot. On June 19, 2003, the home of Gabino Quizar, municipal secretary of the ANN, was attacked with explosives and high-caliber weapons fire. In view of the risk to which the beneficiaries are exposed, the Commission asked the Guatemalan State to adopt the measures needed to protect the life, personal integrity, and freedoms of expression, assembly, and association of the beneficiaries. In response, the State submitted information on the measures adopted to alert the police authorities to the beneficiaries’ security situation, and the Public Ministry on the importance of clarifying the facts alleged.

Juan Luis Font and technical and administrative personnel of teh newspaper “El Periódico”, Guatemala

On July 24, 2003, the Commission granted precautionary measures on behalf of Juan Luis Font, director of the daily newspaper “El Periódico” and the newspaper’s technical and administrative staff. The information available indicates that beginning in February 2003, several investigative journalists from the newspaper received threats brought on by the exercise of their activity, and that, according to certain witnesses, its director has been in imminent danger. In addition, it is alleged that on July 11, 2003, two men entered the facilities of “El Periódico” inquiring after Mrs. María Luisa Marroquín, director of printing facilities, after which they attacked with firearms and wounded the security agent who had received them. On June 24, 2003, a dozen armed individuals who passed themselves off as agents from the National Civilian Police and the Public Ministry took control of the residence of José Rubén Zamora, journalist and president of “El Periódico,” and abused members of his family. As a result of these events and the threats received subsequently, Mr. Zamora had to leave the country. In view of the risk to which the beneficiaries are exposed, and the context of violence against journalists, the IACHR asked the Guatemalan State to adopt the measures needed to protect the lives and personal integrity of the beneficiaries.

Rodolfo Rohrmorser, Juan Francisco Flores Juárez and Gloria Evangelina Melgar, Guatemala

On July 25, 2003, the Commission granted precautionary measures on behalf of Rodolfo Rohrmorser, Juan Francisco Flores Juárez, and Gloria Evangelina Melgar, members of the Constitutional Court. The information available indicates that the beneficiaries received death threats due to the performance of their work as judges in the context of deliberations on the appeal on facts and law (recurso de hecho) presented by the Frente Revolucionario Guatemaleteco (FRG) against the provisional amparo decree issued by the Supreme Court of Justice, which temporarily nullified the registration of Mr. Efraín Ríos Montt as a presidential candidate. The threats were made in the context of the acts of violence in Guatemala City on July 24, 2003, when mobs wearing hoods and armed with sticks, stones, and other objects attacked the journalists gathered around the Supreme Court of Justice and the Court’s staff. Mr. Rohrmorser had to be aerially evacuated from his home since the building where he was living had been packed by sympathizers of the Frente Revolucionario Guatemalteco. In view of the risk to which the beneficiaries are exposed, the IACHR asked the Guatemalan State to adopt the measures needed to protect the life and personal integrity of Rodolfo Rohrmorser, Juan Francisco Flores Juárez, and Gloria Evangelina Melgar. Later the IACHR expanded its request to cover judges Saúl Dighero, Carlos Luna Villacorta, and Carlos Reynoso Gil. On December 4, 2003, the Commission proceeded to lift the precautionary measures in response to an express request by the petitioners.

Héctor Haroldo Sánchez Valencia, Guatemala

On August 15, 2003, the Commission granted precautionary measures on behalf of Héctor Haroldo Sánchez Valencia, a journalist with Guatevisión. The information available indicates that on August 12, 2003, an email was received at the offices of that channel conveying death threats to over a dozen persons, including him, and that her was alerted by reliable sources of the death threats against him because of his coverage of the Ríos Montt case, with which several sectors were displeased. In view of the risk to which he is exposed, the IACHR asked the Guatemalan State to adopt the measures needed to protect the life and personal integrity of Héctor Haroldo Sánchez. On December 3, 2003, the Commission lifted the precautionary measures at the express request of the petitioner.

Jorge Eduardo Springmuhl Samayoa and family, Guatemala

On September 22, 2003, the Commission granted precautionary measures to Jorge Eduardo Springmuhl Samayoa, general manager of the newspaper “Nuestro Diario,” and his family. The information available indicates that Jorge Andrés Springmuhl Flores, Jorge Eduardo Springmuhl’s 17-year-old son, was kidnapped on August 20, 2003, in zone 15 of Guatemala City by three armed men. The kidnapping is part of a pattern of threats and acts of intimidation directed against Jorge Eduardo Springmuhl Samayoa. In view of the risk to which the beneficiaries are exposed, the IACHR asked the Guatemalan State to adopt the measures needed to protect the life and personal integrity of Jorge Eduardo Springmuhl Samayoa and his family. In response, the State reported on the implementation of measures to carry out the requests of the IACHR. On December 5, 2003, the Commission communicated to the parties that it was lifting the precautionary measures at the request of the petitioner.

Haiti

Michèle Montas, Haití

On January 7, 2003, the Commission granted precautionary measures on behalf of journalist Michèle Montas, the director of Radio Haiti and widow of journalist Jean Dominique, who was assassinated in April 2003. The information available indicates that on December 25, 2002, two armed men showed up at the beneficiary’s residence and shot one of her two security guards, Mr. Maxime Seide, as the guards tried to cut them off. The attack is allegedly related to her active work to clarify the facts in the assassination of her husband, just as the judge in charge of the investigation was to rule on concluding the preliminary investigation. In view of the risk to which the beneficiary is exposed, the IACHR asked the Haitian State to adopt the measures needed to protect the life and personal integrity of Ms. Michèle Montas. Subsequently, on December 19, 2003, the IACHR learned that the beneficiary had left the territorial jurisdiction of the Haitian State, and so proceeded to inform the parties that it had lifted the precautionary measures.

Liliane Pierre-Paul and Charles Emile Joassaint, Haití

On May 29, 2003, the Commission granted precautionary measures on behalf of journalist Liliane Pierre-Paul, director of programming for Radio Kiskeya and Charles Emile Joassaint, a radio correspondent. The information available indicates that on April 30, 2003, the beneficiary received an ultimatum signed by members of several popular organizations, including “Domi nan Bwa,” threatening to disseminate an appeal to French President Jacques Chirac to free up payments to Haiti. The note, accompanied by a rifle bullet, includes not only threats against the journalist, but also against French nationals in Haiti, and sets May 6, 2003 as the deadline for carrying out the demands set forth. Mr. Charles Emile Joassaint has become a target of threats made in writing and by telephone. In view of the risk to which the beneficiaries are exposed, the IACHR asked the Haitian State to adopt the measures needed to protect the life, personal integrity, and exercise of the freedom of expression of Liliane Pierre-Paul and Charles Emile Joussaint. In response, the State reported that the National Police of Haiti had already adopted measures to strengthen security for the journalist and for the radio station premises, and to investigate the threats.

Mexico

Samuel Alfonso Castellanos Piñón and others, México

On April 8, 2003, the Commission granted precautionary measures on behalf of Samuel Alfonso Castellanos Piñón, Beatriz Casas Arrellanos, José Raymundo Díaz Taboada, Graciela Calvo Navarrete, and Mayra Iracema Jarquín Lujan, all members of the organization Acción de los Cristianos para la Abolición de la Tortura (ACAT: Action by Christians for the A Abolition of Torture). The information available indicates that on March 1, 2003, attorney Samuel Castellanos Piñón and other members of the organization received an anonymous threat at the ACAT offices in Oaxaca presumably from members of the community of Santiago Xochiltepec, related to the organization’s participation in the “Agua Fría Massacre” case. In view of the risk to which the beneficiaries are exposed, the Commission asked the Mexican State to adopt the measures needed to protect the life and personal integrity of the members of ACAT. In response, the State reported to the IACHR that it had adopted measures aimed at implementing the IACHR’s requests in terms of police surveillance of the ACAT office and launching an investigation into the facts. Later, the IACHR learned of new threats to Mr. Castellanos, of which the State was duly informed.

Venezuela

Carlos Tablante, Venezuela

On June 20, 2003, the Commission issued precautionary measures on behalf of Mr. Carlos Tablante, president of the Standing Committee on Internal Policy, Justice, Human Rights and Constitutional Guarantees of the National Assembly of Venezuela and member of the Movimiento al Socialismo (MAS). The information available indicates that the beneficiary has been subject to repeated attacks and threats against his physical integrity from sectors presumably linked to the government party and government offices, presumably because of his legislative activity. In this context, on April 15 and August 2, 2002, Justino Herrera and Rogelio Calderón, who served as his bodyguards, were assassinated; to this day the facts have not been clarified. In view of the situation of the beneficiary, the Commission asked the State to adopt measures to protect the life and personal integrity of Mr. Tablante, his family, and those who work with him, and to guarantee the full exercise of his freedom of expression and political rights. In response, the State informed the Commission that it had taken actions to carry out the request for precautionary measures.

Gustavo Azocar Alcalá, Venezuela

On October 3, 2003, the Commission granted precautionary measures on behalf of Gustavo Azocar Alcalá, correspondent for the daily newspaper El Universal, in the state of Táchira. The information available indicates that Mr. Alcalá has been harassed on numerous occasions, including one time when firearms were shot at his vehicle, on May 29, 2003, in front of his home. In addition, it is noted that as of July 2003, he received a steady flow of phone calls, emails, and anonymous messages with death threats. In view of the risk to which he is exposed, facing, the Commission asked the Venezuelan State to adopt measures to protect the rights to life, personal integrity, and freedom of expression of journalist Gustavo Azocar Alcalá.

Globovisión channel, Venezuela

On October 3, 2003, the Commission granted precautionary measures to protect the right to freedom of expression in relation to the government’s seizure of certain operating equipment at the television station Globovisión. The information available, in the context of an administrative proceeding, indicates that personnel from the National Telecommunications Commission (CONATEL) seized broadcast equipment at various facilities of the Globovisión channel, giving rise to the potential restriction on the continuity of the operations of that media outlet. In view of the situation and its possible consequences, the IACHR asked the Venezuelan State to suspend the seizure measure and to return the equipment seized, in order to guarantee the right to freedom of expression, and it called the parties to a hearing. On October 21, 2003, the Commission held the hearing as scheduled, and determined that the seizure of the equipment, considered in isolation and by itself, did not appear to place the persons affected at imminent risk of suffering irreparable harm in the enjoyment of their rights, considering that the television station continued to broadcast news, although its live broadcasts were serious affected or delayed. Nonetheless, according to the information received, the representatives of Corpomedios G.V. Inversiones, C.A. (Globovisión) filed an action for constitutional protection (acción de amparo constitucional) before the First Court for Contentious-Administrative Matters, which was pending resolution, since on October 8, 2003, the Committee on Operation and Restructuring of the Judiciary had suspended the President of that Tribunal and one other member for 60 days. Accordingly, on October 24, 2003, the IACHR asked the Venezuelan State to adopt measures aimed at ensuring urgently a simple and prompt remedy before competent and impartial judges or tribunals to protect against acts that the petitioners allege violate their fundamental rights related to the administrative procedure brought against Globovisión. On October 28, 2003, the State reported that it had forwarded the request for precautionary measures to the Supreme Court of Justice.

Colombia

María Luisa Murillo López and others, Colombia

On February 22, 2002 the IACHR granted precautionary measures on behalf of María Luisa Murillo López, a correspondent for the newspaper El Tiempo; Efraín Jiménez, a correspondent for RCN Radio; and Alfonso Altamar, Manuel Taborda, and Francis Paul Altamar, correspondents for CMI Televisión and Noticias Uno in San Vicente del Caguán, who had received death threats from the Revolutionary Armed Forces of Colombia (FARC) because of their work in journalism.In its reply, the State reported that an evaluation and risk assessment of the beneficiaries was being conducted and humanitarian assistance provided.

Alveiro Echavarría and others, Colombia

On July 25, 2002 the IACHR granted precautionary measures on behalf of journalists Alveiro Echavarría, Alvaro Miguel Mima, Luis Eduardo Reyez (or Reyes), Hugo Mario Palomari (or Palomar), Humberto Briñez, Wilson Barco, and Mario Fernando Prado. The information received by the Special Rapporteur for Freedom of Expression indicated that on July 19, 2002 the RCN news program in Cali, department of Valle de Cauca, received a pamphlet from the Manuel Cepeda Vargas Front of the Revolutionary Armed Forces of Colombia (FARC) which read: “…in light of the tendentious information from several media outlets and persons who call themselves journalists, but who are nothing more than puppets of President Pastrana’s military regime, our organization has decided to call on the following journalists to leave the city of Cali within 72 hours or else become military targets of our organization...” The information provided by the petitioners indicated that the Ministry of the Interior’s Program to Protect Journalists and Social Communicators had taken safety measures to protect the aforementioned journalists for a period of only five days. The State reported on the performance of police patrols and continuous accompaniment by a guard and indicated that the investigation into the threats had been assigned to a prosecutor with the Unit for Crimes against Individual Liberty and Other Guarantees.

Haiti

Patrick Merisier y Benthony Philippe, Haití

On March 14, 2002 the Commission adopted precautionary measures on behalf of Mr. Patrick Merisier and Mr. Benthony Philippe, members of the National Coalition for the Rights of Haitians. These measures were adopted for a six-month period and expired on September 15, 2002.  According to information received by the Commission, Mr. Patrick Merisier suffered bullet wounds on February 22, 2002 and was pursued until he took refuge in a hospital. Mr. Benthony Philippe was allegedly subjected to persecution and intimidation by certain government agents. According to the same source, these acts of aggression and intimidation were perpetrated because Mr. Patrick Merisier and Mr. Benthony Philippe, acting in their capacity as members of the National Coalition for the Rights of Haitians, had denounced the deterioration in the overall human rights situation in Haiti; drawn the public’s attention to the impunity enjoyed by those responsible for the events at La Saline on November 1 and 2, 2001 and to the problem of corruption; and criticized the “zero tolerance” policy and the delay in investigating the murder of Mr. Jean Dominique.  On March 14, 2002 the Commission granted precautionary measures on behalf of Mr. Patrick Merisier and Mr. Benthony Philippe and asked the State to take the necessary steps to protect the lives and physical integrity of Mr. Patrick Merisier and Mr. Benthony Philippe and to adopt all measures required to guarantee the exercise of their right to seek, receive, and impart information in accordance with Article 13 of the American Convention and with the second principle of the Declaration of Principles on Freedom of Expression. On September 5, 2002 the Commission asked the parties to comment within 2 weeks on the precautionary measures adopted in March 2002. After a hearing at the Commission’s headquarters on October 15, 2002 the Commission was informed by the National Coalition for the Rights of Haitians that Mr. Patrick Merisier had left Haiti and that, therefore, precautionary measures were no longer necessary in his case. In a note dated September 18, 2002 and received by the Commission on December 23, 2002 the Haitian State acknowledged receipt of the Commission’s communication dated September 5, 2002.

Esdras Mondélus and others, Haití

On December 6, 2002 the Commission adopted precautionary measures on behalf of journalists working for Radio Étincelles in Gonaïves: Esdras Mondélus, Renet Noel-Jeune, Guérino Jeaniton, and Gédéon Presendieu, and also on behalf of correspondents Henry Fleurimond, Jean Robert François, and Josué René. According to information received by the IACHR, these beneficiaries had been told on November 21 that members of the Armée Cannibale organization were preparing to set fire to the Radio Étincelles premises in Gonaïves. The seven journalists reportedly evacuated Radio Étincelles and took refuge in the Bishop’s residence from November 21 to November 28, 2002. The Radio Étincelles offices in Gonaïves were, at least partly, burnt down in the night of November 24-25, 2002.  Moreover, according to the information received, two of the seven journalists allegedly received threatening phone calls between November 21 and November 28, 2002. On the night of November 29-30, the seven journalists were evacuated from the Bishop’s residence with the help of the Haitian Journalists’ Association and the Haitian National Police’s High Command. They are allegedly now hidden at a location that has not been revealed. The Commission adopted the following precautionary measures in respect of d’Esdras Mondélus, Renet Noel-Jeune, Guérino Jeaniton, Gédéon Presendieu, Henry Fleurimond, Jean Robert François and Josué René: (1) Immediate adoption, in coordination with the representatives of the seven journalists, of all measures needed to protect the life and physical integrity of Henry Fleurimond, Jean Robert François, Josué René, Esdras Mondélus, Renet Noel-Jeune, Guérino Jeaniton, and Gédéon Presendieu. (2) Immediate adoption of all measures required to ensure that an investigation is carried out regarding those responsible for the aforementioned acts. As of the time this report was published, the IACHR had received no information regarding measures taken by the State.

Venezuela

Journalists working at the newspaper El Nacional, Venezuela

On January 11, 2002 the IACHR granted precautionary measures to protect the life, person, and freedom of expression of journalists working at the newspaper El Nacional. The petitioners alleged, inter alia, that on January 7, 2002 the journalists were threatened and assaulted by persons with ties to the government. In its reply, the State reported that it had charged the Office of the Attorney General of the Republic, the Minister of the Interior and Justice, and the Ombudsman with complying with the precautionary measures.  On July 10, 2002 the Commission extended the duration of the precautionary measures at the petitioners’ request.

Andrés Mata Osorio and Alicia La Rotta Morán, Venezuela

On January 28, 2002 the IACHR granted precautionary measures to protect the life, person, and freedom of expression of Andrés Mata Osorio, a journalist at the newspaper El Universal. The petitioners alleged that, in a climate of harassment towards the press, Mr. Mata received death threats against himself and his family. The State informed the Commission that it had charged the Office to Protect Fundamental Rights of the Office of the Attorney General of the Republic with implementing the precautionary measures. On June 25, 2002 the precautionary measures were broadened to include journalist Alicia La Rotta Morán, who was physically assaulted because of her work in journalism. On July 23, 2002, the duration of the precautionary measures was extended.

Laura Castellanos and others, Venezuela

On January 30, 2002 the IACHR granted precautionary measures on behalf of Laura Castellanos, José Antonio Monroy, Argenis Uribe, and David Pérez Hansen, journalists with RCTV and Globovisión. According to the request submitted to the IACHR, workers at both media outlets were assaulted by a group of roughly 50 persons while they were covering a transmission for the program Aló Presidente. Reporter Laura Castellanos was attacked by two women belonging to the Círculos Bolivarianos while covering the August 13, 2002 parliamentary session. They further indicated that cameraman José Antonio Monroy received a gunshot wound while taping the demonstrations. The State informed the IACHR that the incidents denounced by the petitioners were being investigated by the Attorney General’s Office. The duration of these precautionary measures was extended in July 2002. On November 25, 2002 the IACHR requested provisional measures from the Inter-American Court of Human Rights for the journalists from RCTV and continued processing precautionary measures on behalf of Globovisión.

Luis Alfonso Fernández and other workers and journalists at Venevisión, Venezuela

On February 28, 2002 the IACHR granted precautionary measures to protect the life, person, and freedom of expression of Luis Alfonso Fernández, Julio Gregorio Rodríguez García, and other workers and journalists at Venevisión. According to the request received by the IACHR, the beneficiaries were victims of verbal attacks, harassment, and vandalism while covering the news events of February 3 and 21, 2002. The State reported that the Ministry of the Interior and Justice, the Attorney General of the Republic, and the Ombudsman would take the necessary measures, within their spheres of competence, to fulfill the precautionary measures. On August 30, the IACHR extended the precautionary measures by six months.

Ybéyise Pacheco and others, Venezuela

On March 12, 2002, the Commission granted precautionary measures on behalf of Ybéyise Pacheco, Patricia Poleo, Marta Colombina, and Marianella Salazar, journalists at the newspaper Así es la Noticia.  According to the petition filed with the Commission, on February 1, 2002 the newspaper’s facilities were attacked with explosives; afterwards, journalists received threats over the telephone and in writing. On March 27, the State reported that the Ministry of the Interior and Justice, the Attorney General of the Republic, and the Ombudsman would take the necessary measures, within their spheres of competence, to fulfill the precautionary measures. It also reported on the opening of an investigation, collection of evidence, and security checks at the newspaper’s facilities.

Dubraska Romero, Venezuela

On May 28, 2002 the IACHR granted precautionary measures on behalf of Dubraska Romero, a journalist with the evening newspaper Tal Cual, who received threats because of her work in journalism. The State reported that it had charged the Minister of the Interior and Justice with implementing police protection for the beneficiaries. It also reported that the Attorney General’s Office had launched an investigation into the incidents.

Luis Enrique Uzcátegui Jiménez, Venezuela

On October 18, 2002, the IACHR granted precautionary measures on behalf of Luis Enrique Uzcátegui Jiménez, brother of Néstor José Uzcátegui Jiménez, who was killed on January 1, 2001 allegedly by state of Falcón police officers.  According to the request presented to the IACHR, Mr. Uzcátegui had received death threats for having organized a committee of family members of victims of alleged executions by members of the police. In light of new events that aggravated the beneficiary’s security situation and of the fact that the State did not take the necessary measures to comply with the precautionary measures, on November 25, 2002 the IACHR asked the Inter-American Court of Human Rights to order the adoption of provisional measures. The Court granted that request on November 27, 2002.

José Ángel Ocanto, Venezuela

On November 5, 2002 the IACHR granted precautionary measures on behalf of José Ángel Ocanto, editor at the newspaper El Impulso in Barquisimeto. According to the petitioners’ request, the beneficiary had been the victim of threats and harassment. The State did not provide the Commission with information on implementation of these precautionary measures.

Padre Juan Manuel Fernández, Venezuela

On December 4, 2002 the IACHR granted precautionary measures on behalf of Father Juan Manuel Fernández, secretary of the Archdiocese of Caracas and representative of ValeTV, in a claim presented to the Commission. According to the petitioners’ request, Father Fernández was threatened and was attacked in an incident in which a minor received a gunshot wound. The State reported that the Office of the Attorney General had launched an investigation into the incidents. It also reported that the General Directorate of the Metropolitan Police of Libertador would provide the beneficiary with police protection.

Colombia

Oscar Torres and others, Colombia

On November 9, 2001, the Commission granted precautionary measures to protect the lives and persons of the journalists Oscar Torres (editor of the Diario Sur newspaper), Cristina Castro (a reporter for the RCN newscast), Alfonso Pardo (a reporter for the weekly VOZ and peace commissioner for Nariño department), and Germán Arcos (a cameraman with Caracol Televisión); according to information received by the Special Rapporteur for Freedom of Expression, these persons had received serious threats from members of the Southern Liberators Bloc of the United Self-Defense Forces of Colombia (AUC). The AUC’s communiqué urged the journalists to renounce their professions within 48 hours or they would be “executed.” The Commission asked the Colombian government, as a matter of urgency, to take the steps necessary to guarantee the lives and persons of the aforesaid individuals; to launch an investigation; and to adopt the measures needed to put an end to the threats against these journalists.

Costa Rica

Mauricio Herrera Ulloa and Fernán Vargas Rohrmose, legal representantive of of the newspaper “La Nación”, Costa Rica

On March 1, 2001, during its 110th regular session, the Inter-American Commission granted precautionary measures on behalf of Mauricio Herrera Ulloa, a journalist, and Fernán Vargas Rohrmose, the legal representative of the newspaper La Nación. The measures were granted in light of information submitted by the petitioners indicating that these individuals’ right to free expression required immediate protection in order to avoid irreparable harm. In their petition (processed as case 12.367) and request for precautionary measures, the petitioners claimed that the journalist Mauricio Herrera Ulloa had been convicted on criminal charges in Costa Rica for his reports in La Nación about a controversial official from that country’s foreign service. The judgment ordered, inter alia, Herrera Ulloa to pay a fine; it also admitted a civil suit for damages in which Herrera Ulloa and the newspaper company La Nación S.A., represented by Fernán Vargas Rohrmose, were held jointly liable. The Commission, basing itself on a recommendation from the Special Rapporteur for Freedom of Expression, asked the State of Costa Rica to suspend execution of the sentence until the Commission could examine the case; to refrain from any act tending toward the inclusion of the journalist Herrera Ulloa in the Costa Rican Judicial Register of Criminals; and to refrain from any act or action affecting the right of free expression of the aforesaid journalist or of the newspaper La Nación. On March 21, the Costa Rican court hearing the case rejected an application for the sentence execution order to be revoked—an application that was actually grounded on the Commission’s request for precautionary measures. The State’s ineffectiveness in protecting the free expression of Mauricio Herrera Ulloa and Mr. Vargas Rohrmoser, together with the fact that the Costa Rican courts failed to implement the timely request for precautionary measures, forced the Commission to ask the Inter-American Court of Human Rights to adopt provisional measures.

Haiti

Claudy Gassant, Haiti

The Inter-American Commission on Human Rights, on July 5, 2001, asked the Haitian State to adopt precautionary measures for a period of six months with respect to Judge Claudy Gassant, the magistrate in charge of the investigation into the slaying of the Haitian journalist Jean Dominique on April 3, 2000. He was assigned the case after two earlier judges received threats against their persons and subsequently withdrew from the investigation. On June 8, 2001, a plot to kill Judge Gassant was uncovered. This situation, together with the lack of adequate protective measures, forced the judge to withdraw from the case; his withdrawal was, however, not accepted. The Commission, with the beneficiary’s agreement, has asked the Haitian State to adopt the following precautionary measures: (1) Immediate adoption of all measures necessary to protect the life and personal integrity of Mr. Claudy Gassant; (2) Adoption of all measures necessary to ensure the exercise of his right to investigate, receive, and disseminate information with respect to the investigation of the facts surrounding the death of the journalist Jean Dominique, pursuant to the provisions of Article 13 of the American Convention on Human Rights and the second principle of the Declaration of Principles on Freedom of Expression. On November 15, 2001, after the deadline had passed, the Haitian State reported that “it had taken the steps necessary to guarantee the security of Mr. Gassant, the judge charged with investigating the murder of the journalist Jean Léopold Dominique.” The IACHR asked the Haitian State to indicate what specific measures it had adopted.

Peru

Ana Mercedes Ojeda Bruno and family, Perú

On August 28, 2001, the Commission granted precautionary measures asked the Peruvian State to take effective steps to guarantee the life and person of Ana Mercedes Ojeda Bruno, and those of her family, including protective measures that would uphold those individuals’ right of free transit and free expression. The IACHR also asked Peru to begin an investigation into the threats those people had been receiving. The precautionary measures were based on an application filed with the IACHR claiming that Ms. Ojeda Bruno had suffered a series of attacks and threats that made her fear for her life and person. The IACHR was informed that those attacks and threats were supposedly related to the activities of Ms. Ojeda Bruno’s father, Mr. Francisco Ojeda Riofrio, in his capacity as president of the Tambogrande Defense Front. The State replied on September 14, 2001, saying that it had offered Ms. Ojeda Bruno the protection requested by the Commission. The State subsequently provided information on the measures related to the investigation into the threats and the other incidents that were reported.

Venezuela

Pablo López Ulacio, Venezuela

On February 7, 2001, the Commission asked the State of Venezuela to adopt precautionary measures on behalf of journalist Pablo López Ulacio, the publisher and owner of a weekly called La Razón. According to information submitted in November 1999, López Ulacio was sued by Tobías Carrero Nacar, the president of the country’s largest insurance company, Multinacional de Seguros, after the news magazine identified him as having funded Hugo Chávez Frías’s presidential campaign and accused him of benefiting from state insurance contracts. As a result, Caracas trial judge Nº 25 placed a ban on references to the business-owner and ordered the arrest of the journalist. On July 3, 2001, Caracas trial judge Nº 14 ordered a warrant for the arrest of López Ulacio, ignoring the Commission’s request for precautionary measures.

Colombia

Jineth Bedoya Lima, Hollman Morris Rincón and Jorge Cardona Alzate, Colombia

On June 2, 2000, the Commission granted precautionary measures and requested that the Colombian State take steps to protect the life and physical integrity of Jineth Bedoya Lima, a journalist for El Espectador; Hollman Morris Rincón, peace editor for El Espectador; and Jorge Cardona Alzate, judicial editor for El Espectador. The available information indicates that on May 24, 2000, Jineth Bedoya received a call from an individual nicknamed “the baker” (“el Panadero”), who expressed interest in having a journalistic piece done on the paramilitary’s version of the outbreak of violence on April 27, 2000 in the National Model Prison of Bogotá. The journalist was approached at the door of the facilities, surrounded, sedated, and driven to a nearby house where several individuals gagged and beat her and subjected her to degrading treatment. She was then left in an unpopulated sector. On June 19, 2000, the Commission requested that the Colombian State broaden the precautionary measures to include Alba Patricia Ribera Uribe, a journalist with NTC Noticias, who received threats similar to those of her colleagues. Following the State’s reply, the parties continued to present information and observations on these precautionary measures.

Haiti

Persons affected by the tension resulting from the electoral process in Haiti, Haití

On November 13, 2000, the IACHR granted general precautionary measures on behalf of persons affected by the tension resulting from the electoral process in Haiti and, in particular, on behalf of Messrs. Jean-Baptiste Dieugrand, Hébert Chèristan, and Hervé Denis. The Haitian State was requested to take the necessary measures to respect and ensure the full and free exercise of the following rights: freedom of conscience, thought, and expression and the right to assembly, association, free movement, and residence, political rights, and due process. Based on the information the IACHR received, there were several acts of violence, persecution, and threats attributed to members of the government, government security forces, or private agents tolerated or motivated by those parties against several political opponents. The State took no action regarding the requested protection.

Honduras

Julio César Pineda Alvarado, Honduras

On July 18, 2000, the Commission granted precautionary measures on behalf of journalist Julio César Pineda Alvarado, to prevent the risks he is facing from materializing, based on information presented to the Commission, and to guarantee his unrestricted ability to work as a journalist in Honduras. During the period in question, the parties continued to present information and observations related to the precautionary measures and the journalist’s situation.

Panama

Carlos A. Singares Campbell, Panama

On July 7, 2000, the Commission granted precautionary measures on behalf of Mr. Carlos A. Singares Campbell, director of the “El Siglo” newspaper in Panama. According to the information received, Mr. Singares was detained for violation of the desacato laws (defamation), following the publication of a critical newspaper article potentially implicating Attorney General José Antonio Sossa in illegal acts. The Commission granted precautionary measures for 30 days and requested that the State nullify the arrest warrant and guarantee his right to physical integrity and freedom of expression.

Perú

Genaro Delgado Parker, Peru

On March 10, 2000, the Commission requested that the Peruvian State take precautionary measures on behalf of Genaro Delgado Parker, who, according to the information received, was stripped of control of the “Red Global” TV station and the radiobroadcasting equipment at the “Radio 1160” station he owns. The initial term of the precautionary measures expired without their implementation by the State, therefore the Commission extended the measures for six months until November 2, 2000. On December 18, 2000, the Peruvian State reported that it had complied with the Commission’s request.

Erika Milagros Martínez Liñan and Carlos Armando Rodríguez Iglesias, y sus familiares, Peru

On March 17, 2000, the Commission granted precautionary measures and requested that the Peruvian State adopt effective measures to guarantee the physical integrity and life of Mrs. Erika Milagros Martínez Liñan and Mr. Carlos Armando Rodríguez Iglesias, as well as their family members, including protective measures that would not interfere with their freedom of movement and expression. The IACHR also asked Peru to launch an investigation into threats that those individuals had received. These precautionary measures are based on a request presented to the IACHR indicating that Mr. Rodríguez and Mrs. Martínez had received threats after publicly announcing that they helped falsify electoral ballots in the May 2000 elections. The State replied on April 20, 2000 and reported that the National Police of Peru had offered personal guarantees to the aforementioned persons.

Fabián Salazar Olivares, Peru

On May 26, 2000, the Commission granted precautionary measures on behalf of Mr. Fabián Salazar Olivares, which were transmitted in the context of case 12.286. According to the information received, National Intelligence Service (SIN) agents entered the office of the newspaper where Mr. Salazar works and tortured him in order to remove videos from him. Mr. Salazar was hospitalized for cuts on his left arm. The Commission requested that the Peruvian State take steps to protect Mr. Salazar’s life, physical integrity, and freedom. On July 14, 2000, the State indicated that it could not comply with the precautionary measures because Mr. Salazar had left the country on May 31, 2000.

Chile

Bartolo Ortiz, Carlos Orellana and Alejandra Matus, Chile

On June 18, 1999, the Commission granted precautionary measures on behalf of Messrs. Bartolo Ortiz and Carlos Orellana, who, according to the information received, were under a detention order following the publication of the "Black Book of Chilean Justice" by the journalist Alejandra Matus. On July 19, 1999, the Commission amplified the measures to extend to the author Alejandra Matus, requesting guarantees for her security and physical integrity, as well as her right to freedom of expression and her intellectual property rights. During its 104th regular session, the Commission convoked the parties for a hearing to consider the question of precautionary measures. In various presentations, the State reported: that on July 20, 1999, charges against Messrs. Orellana and Bartolo Ortiz in the case of the author of the book had been dismissed; that on May 14, 1999, Ms. Alejandra Matus Acuña had been declared in contempt for failure to attend the investigation hearing; that the Court of Appeals of Santiago had revoked the order initiating criminal proceedings against Messrs. Ortiz and Orellana; and that there was no order to institute proceedings or order of detention against Alejandra Matus Acuña. The Government argued that the right to intellectual property exceeded the scope of protection provided by the American Convention.

Colombia

Members of the Association of Relatives of the Victims of Trujillo and others, Colombia

On February 10, 1999, the Commission granted precautionary measures and requested that the State of Colombia adopt measures to protect the lives and personal integrity of the members of the Association of Relatives of the Victims of Trujillo (AFAVIT) resident in the municipality of Trujillo as well as the members of the permanent support team of the Inter-Congregational Commission of Justice and Peace, based in Trujillo. According to the available information, the members of AFAVIT and the support team had allegedly been the subject of threats against their lives, physical integrity and freedom of expression, association, residence and movement. Pursuant to the response of the State, the parties continued presenting information and observations in relation to these measures.

Mexico

Jesús Barraza Zavala, Mexico

On September 17, 1999, the IACHR granted precautionary measures to protect the life and physical integrity of journalist Jesús Barraza Zavala, on the basis of information that he had received death threats from members of the judicial police of the state of Sonora in connection with his investigations into corruption and ties to drug trafficking in that institution. In response to the Commission’s request, the State declared on October 7, 1999, that the National Human Rights Commission was in communication with Mr. Barraza twice a day and that the investigations into the alleged acts were continuing. Pursuant to this response, the parties continued presenting information and observations in relation to these measures.

Perú

Guillermo Gonzáles Arica, Perú

On November 21, 1999, the Commission granted precautionary measures on behalf of journalist Guillermo Gonzáles Arica, in the context of case 12.085. The Commission had received information in relation to repeated acts of persecution against Mr. Gonzáles Arica, allegedly by security agents of the State of Peru. The measures which the State of Peru was requested to adopt were based on the need to enable Mr. Gonzáles Arica to fully exercise his freedom of expression. On December 21, 1999, the State responded to the Commission’s request by stating that it did not consider it necessary to adopt additional measures to those that were already contemplated in the national legislation.

Genaro Delgado Parker, Perú

On March 10, 2000, the Commission granted precautionary measures and addressed the State of Peru to request that it adopt effective measures to protect the freedom of expression and the press of Mr. Genaro Delgado Parker. These measures are being processed in the context of case 12.262. According to the information received, the authorities had stripped Mr. Delgado Parker of control of the television chain "Global Network," and confiscated the broadcasting equipment of his radio station "Radio 1160."

Perú

Augusto Noreña Llanos, Peru

On December 18, 1998, the Commission requested that the State of Peru adopt precautionary measures on behalf of journalist Augusto Noreña Llanos, director of the "Regional" newspaper in Huánuco. The precautionary measures requested are aimed at guaranteeing Mr. Noreña Llanos’s life and physical integrity and investigating the threats he has received.

Colombia

Néstor Alonso López and Carlos Salgado, Colombia

On July 7, 1997, the Commission requested the adoption of precautionary measures in behalf of Nestor Alonso Lopez and Carlos Salgado, two newspapermen who published an article charging a group known as CONVIVIR with committing certain abuses in Medellin. Three days after a second article on this same subject was published, a bomb destroyed the offices of the CONVIVIR group in Medellin. Since that time, Lopez and Salgado have been receiving telephone threats blaming them for having caused the bombing. Consequently, these journalists have been forced to stay in hiding.

Panama

Gustavo Gorriti Ellenbogen, Panama

On August 18, 1997, the Commission started processing Case 11.791 involving the presumed violation of the freedom of press caused by a threat from the Government of Panama to expel the Peruvian journalist, Gustavo Gorriti Ellenbogen, the Associate Director of the La Prensa newspaper of Panama. With this charge, the Commission requested the State of Panama to adopt urgently the precautionary measures that would suspend his imminent expulsion and enable him to continue exercising his profession as a journalist.  For the purpose of dealing with the precautionary measures requested, representatives of the State of Panama and of the petitioner were called to attend a hearing that took place during the 97th regular session.

With the involvement of the Commission during the hearing held on October 15, 1997, a friendly settlement of this dispute was reached.  The representatives of Panama reported that on October 14, Mr. Gustavo Gorriti's work permit had been renewed thereby enabling him to continue working as a journalist, and the immigration authorities had been ordered to suspend all deportation proceedings. Also reported was that the Executive Branch of Government had observed that the text of Panamanian law on journalism as it relates to the hiring of foreigners to exercise journalistic work at the director's level contained rules that were in contradiction with the very constitution of Panama. As a result, the executive branch was to make the necessary efforts to amend the rules. It was also found that in a process of promoting discussion and national consensus, to bring about the necessary legislative changes and for that purpose, it would keep the Commission informed on the process of legislative reform. The petitioners expressed their appreciation to the State of Panama and congratulated the delegation for the decisions taken. These decisions resulted in generally acceptable terms to solve this case. They also stated that the mediation of the Commission had been decisive for the favorable resolution of the case. They stated their wish that on the basis of earlier considerations, the case be considered resolved by means of friendly settlement and that the Commission should proceed to draft its report and that it should continue with its work of mediation and observation until the proposal of the Panamanian government was carried out in full.