RESEARCHING THE JURISPRUDENCE OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS: A LITIGATOR'S PERSPECTIVE *
Richard J. Wilson **
© Richard J. Wilson and The American University Journal of International Law and Policy. (disseminated here with the authority of the Journal and the author)I. Friendly Settlement
A. ARGENTINA: Report on Friendly Settlement Procedures, Cases 10.288, 10.310, 10.436, 10.496, 10.631, and 10.771, Inter-Am. C.H.R. 35, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1993) (Annual Report 1992-1993).
Complaint: Authorities of the military regime which ruled Argentina from 1976 to 1983 unlawfully arrested the petitioners and imprisoned them for up to seven years, though none was convicted of any crime. Within three months of the fall of the Junta, petitioners sued the government for property and mental damages. The Argentine Supreme Court of Justice barred the suit stating the statute of limitations had expired. Petitioners stated that this ruling violated their rights to a fair trial and to judicial protection.
Action Taken: After mediation, the Argentine government enacted legislation for the petitioners to be properly compensated. Petitioners agreed to the amounts offered by the government and both parties asked the Commission to close the case because a friendly settlement had been reached.
ARGENTINA: Osvaldo Antonio Lopez, Case 9635, Inter-Am. C.H.R. 32, OEA/ser. L/V/II.71, doc. 9 rev. 1 (1987) (Annual Report 1986-1987).
Complaint: Argentina authorities illegally and arbitrarily detained Lopez and denied all appeals filed. Petitioner alleged violations of Articles 1, 2, 7, 8, 9, 24, and 25 of the American Convention on Human Rights.
Action Taken: The Commission resolved that the case was admissible and placed itself at the disposal of the parties with a view to reaching a friendly settlement.
B. HONDURAS: Luis Alonzo Monge, Case 7956, Inter-Am. C.H.R. 104, OEA/ser. L/V/II.66, doc. 10 rev. 1 (1985) (Annual Report 1984-1985).
Complaint: Monge, a Honduran citizen, was imprisoned and ordered deported without due process. He had been working as a CARITAS volunteer in the refugee camps set up for Salvadorans in Honduras. He was accused of and later admitted to providing blankets and corn to the Salvadoran guerrillas. The government alleged that Monge was actually a Salvadoran citizen and claimed that his papers verifying his Honduran nationality were inadequately completed.
Action Taken: The Commission carried out negotiations between the Honduran government and Monge in an effort to reach a friendly settlement. The Honduran government expressed its willingness to allow Monge back into the country in order to prove his Honduran nationality. Monge agreed to satisfy Honduran legal procedures and obtain a birth certificate that would clear the question of his nationality. The Commission thanked both parties for their cooperation in reaching a friendly settlement.
C. PERU: Newspaper Sanctions, Case 1866, Inter-Am. C.H.R. 159, (1980) (Ten Years of Activities 1971-81).
Complaint: Fulfilling a governmental decree, police expropriated national newspapers and the property of those who distributed the papers.
Action Taken: The Commission offered its good offices to the Government of Peru and the claimants in order to reach a friendly settlement based on respect for human rights.
II. Admissibility
A. CANADA: Cheryl Monica Joseph, Case 11.092, Inter-Am. C.H.R. 32, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: Mrs. Joseph, a Trinidadian citizen, was left with five children when her husband died in an accident in Canada. Her application for refugee status was denied and an expulsion order was issued. She sought to stay the deportation order on compassionate grounds.
Action Taken: The Commission considered the petition as inadmissible and determined that domestic remedies created for immigration procedures had not been exhausted. The Commission, however, recommended that the Canadian government allow the petitioner to stay in the country until all proceedings regarding the estate of petitioner's husband were completed.
B. COSTA RICA: Claus W. Haupt Korte, Case 9788, Inter-Am C.H.R. 63, OEA/ser. L/V/II.71, doc. 9 rev. 1 (1987) (Annual Report 1986-1987).
Complaint: A Costa Rican court sentenced Korte to a 16-year jail term for rape and fraud. Korte alleged the violation of his right to legal guarantees under Article 8 of the American Convention on Human Rights.
Action Taken: The Commission found the case inadmissible due to lack of evidence showing that Korte was judged without a proper defense.
COSTA RICA: Luis Bertello Masperi, Inter-Am. C.H.R. 64, OEA/ser. L/V/II.71, doc. 9 rev. 1 (1986) (Annual Report 1986-1987).
Complaint: Masperi claimed that the offenses for which his extradition was sought were political offenses, thus, the Government of Costa Rica would violate the American Convention on Human Rights if it extradited him to Peru.
Action Taken: The Commission resolved this case as inadmissible because there were no facts indicating that the offenses were political in nature.
COSTA RICA: In the Matter of Viviana Gallardo et al., Res. No. 13/83, Inter-Am. C.H.R. 49, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1983) (Annual Report 1982-1983).
Complaint: The Government of Costa Rica asked the Commission to give its point of view on the competence of the Court to proceed with the decision of whether the Costa Rican authorities had violated human rights in connection with the death of Viviana Gallardo and injuries to her cell mates. The Government of Costa Rica had presented new evidence clearly showing that it was not involved in these incidents.
Action Taken: The Commission found the petition inadmissible because it was clear that the Government of Costa Rica had acted in conformity with current legal provisions and punished with full force of law the person responsible for the acts charged. Article 48 of the American Convention on Human Rights allows the Commission to declare a petition inadmissible based on information or evidence subsequently received.
C. DOMINICAN REPUBLIC: Salvador Jorge Blanco, Case 10.208, Inter-Am. C.H.R. 67, OEA/ser. L/V/II.76, doc. 10 (1989) (Annual Report 1988-1989).
Complaint: Blanco claimed that judicial authorities of the Dominican Republic violated his rights by filing several arbitrary charges and initiating trial proceedings against him in absentia.
Action Taken: The Commission found that the case was not admissible because the complainant only exhausted remedies dealing with incidental matters and did not exhaust all available domestic remedies.
D. GUATEMALA: Jose Efrain Rios Montt, Case 10.804, Inter-Am. C.H.R. 206, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: Jose Efrain Rios Montt filed a complaint against the Guatemalan Government for alleged violation of the Convention regarding his right to participate as a candidate in presidential elections. Mr. Rios Montt had been a former head of a "de facto" military Government in the early 1980s.
Action Taken: The Commission resolved the petition as inadmissible because the facts sub examine did not constitute a violation of the rights recognized by the American Convention on Human Rights.
E. JAMAICA: Wesley Cuthbert, Case 9190, Inter-Am. C.H.R. 55, OEA/ser. L/V/II.68, doc. 8 rev. 1 (1986) (Annual Report 1985-1986).
Complaint: Petitioner claimed that he was wrongfully arrested, unfairly tried, convicted, and sentenced to death for the murder of family members.
Action Taken: The Commission resolved the case inadmissible because there was no evidence of the alleged violations of the American Convention on Human Rights. The Commission, however, recommended that the Government of Jamaica suspend the execution of those persons sentenced to death, commute the sentence of the Cuthbert, and consider the abolition of the death penalty.
JAMAICA: Lynden Champagnie, Case 7505, Inter-Am. C.H.R. 51, OEA/ser. L/V/II.68, doc. 8 rev. 1 (1986) (Annual Report 1985-1986).
Complaint: Petitioner claimed that Jamaican authorities wrongfully arrested him, beat him during interrogations, and forced him to sign a confession to murder. Petitioner claims "misconduct" and "gross injustice" in the trial that led to his conviction and sentence to death.
Action Taken: The Commission resolved the case inadmissible because there was no evidence of the alleged violations of the American Convention on Human Rights. However, the Commission recommended that the Government of Jamaica suspend the execution of those persons sentenced to death, commute the sentence of the Champagnie, and consider the abolition of the death penalty.
JAMAICA: Earl Pratt, Case 9054, Inter-Am. C.H.R. 111, OEA/ser. L/V/II.66, doc. 10 rev. 1 (1984) (Annual Report 1984-1985).
Complaint: Pratt was arrested and sentenced to death. He alleges that he did not commit the crime. The government submitted to the Commission copies of the transcripts of the trial and the appeal of the death sentence.
Action Taken: The Commission determined that no violations of rights set forth in the American Convention on Human Rights were found. The Commission did, however, recommend that the Government of Jamaica suspend the death sentence in keeping with Article 4 of the Convention and abolish the death penalty altogether.
JAMAICA: Roosevelt Edwards, Case 7604, Inter-Am. C.H.R. 54, OEA/ser. L/V/II.63, doc. 10 (1984) (Annual Report 1983-1984).
Complaint: Edwards claimed that he had been falsely tried, convicted, and sentenced to death for the murder of Percival Wilshire.
Action Taken: The Commission determined that there was no evidence that the Government of Jamaica had violated the rights set forth in the American Convention on Human Rights. The Commission did, however, recommend that the Government of Jamaica suspend the sentence of execution and abolish the death penalty.
JAMAICA: Davlin Morris, Case 3552, Inter-Am. C.H.R. 99, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1982) (Annual Report 1982-1983).
Complaint: Petitioner claimed that he was wrongfully arrested, charged with murder, unfairly tried, and unjustly sentenced to death. He unsuccessfully appealed his conviction.
Action Taken: The Commission resolved that Morris received a fair trial and that there was no evidence of the alleged violations of the American Convention on Human Rights. The Commission recommended that the Government of Jamaica suspend the execution of those persons sentenced to death, commute the sentence of the Morris, and consider the abolition of the death penalty.
Note: The Commission stated that in cases 3553, 3554, 7500, 7503, 7506, 7509, and 7514, it adopted resolutions virtually identical to that in the above-noted case, i.e., it recommended the suspension of the executions of the convicted persons and the abolition of the death penalty in Jamaica. Inter-Am. C.H.R. 100, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1982) (Annual Report 1982-1983).
F. MEXICO: Luis Sanchez Aguilar, Case 10.957, Inter-Am. C.H.R. 104, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Aguilar, chairman of the Social Democratic Party, claimed that Mexican electoral authorities had unfairly denied his party conditional registration for the 1991 elections. He also claimed that Mexico had arbitrarily denied his appeal against the registration rejection.
Action Taken: The Commission found that the appeal was presented extemporaneously and after the deadline for doing so had expired. Therefore, it was not appropriate for the Commission to consider a document that had not been made part of the judicial records. The Commission resolved the case as inadmissible.
G. PANAMA: Hugo Spadafora Franco, Case 9726, Inter-Am. C.H.R. 110, OEA/ser. L/V/II.71, doc. 9 rev. 1 (1986) (Annual Report 1986-1987).
Complaint: Petitioner accuses Panamanian authorities of beheading his brother, Dr. Hugo Spadafora Franco, a Panamanian physician and former Vice-Minister of Health of Panama.
Action Taken: The Commission declared the petition admissible.
H. UNITED STATES: Repatriation of Haitians, Case 10.675, Inter-Am. C.H.R. 334, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: Petitioners alleged that the U.S. unlawfully interdicted Haitian boat people at sea and indiscriminately repatriated them, although many had a reasonable fear of persecution.
Action Taken: The Commission declared the petition admissible and resolved to proceed to consider the merits of the case.
UNITED STATES: U.S. Military Action in Panama, Case 10.573, Inter-Am. C.H.R. 312, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: Petitioners submitted 60 petitions on behalf of named victims injured by the U.S. invasion of Panama of December 19, 1989. Victims were identified as civilian Panamanians and non-citizen residents who suffered the deaths of family members, personal injury, and destruction of home and property as a direct result of the invasion.
Action Taken: The Commission declared the petitions admissible and resolved to proceed to consider the merits of the case.
UNITED STATES: Move Organization, Case 10.865, Inter-Am. C.H.R. 142, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Petitioner, a member of the Move Organization, alleged that between 1970 and 1978 judges issued false criminal warrants against Move members. Consequently, police and government officials committed acts of brutality against Move members, resulting in several deaths.
Action Taken: The Commission concluded that the petition was inadmissible because the petitioner had not exhausted domestic remedies. Petitioner must wait for the decision from a lawsuit pending before domestic courts.
UNITED STATES: Willie L. Celestine, Case 10.031, Inter-Am. C.H.R. 62, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1989) (Annual Report 1989-1990).
Complaint: The State of Louisiana sentenced Celestine, an indigent African-American, to death for the rape and murder of a European American woman. Petitioner alleged that the United States had violated Articles I, II, and XXVI of the American Declaration on the Rights and Duties of Man by arbitrarily depriving petitioner of his right to life, by imposing the death penalty in a racially discriminatory manner, and by accepting a sentence from a death-qualified jury.
Action Taken: The Commission found the petition inadmissible for failure to state facts that constituted a violation of any of the rights set forth in the American Declaration on the Rights and Duties of Man.
UNITED STATES: Disabled Peoples' International et al., Case 9213, Inter-Am. C.H.R. 184, OEA/ser. L/V/II.71, doc. 9 rev. 1 (1987) (Annual Report 1986-1987).
Complaint: Disabled Peoples' International (DPI) claimed that United States military aircraft bombed the Richmond Hill Insane Asylum in Grenada during its invasion of 1983. DPI alleged the violation of Articles I and XI of the American Declaration on the Rights and Duties of Man.
Action Taken: The Commission held that there were no effective domestic remedies available to the petitioners, that the petitioners fell under the exemptions set forth in Article 37 of the Regulations of the Inter-American Commission on Human Rights, and is, therefore, excused from exhausting domestic remedies. The application is admissible.
I. URUGUAY: Movimiento Vanguardia Nacional de Jubilados y Pensionistas del Uruguay, Case 9893, Inter-Am. C.H.R. 77, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Movimiento Vanguardia Nacional de Jubilados y Pensionistas del Uruguay, a pension and retirement group, claimed that a 1986 Uruguayan law set retirement payment increases in a discriminatory manner in violation of Article 24 of the American Convention on Human Rights.
Action Taken: The Commission found the petition inadmissible for failure to exhaust domestic remedies. The Commission also recommended that the government consider legislative measures to resolve the "open question" pending a solution.
J. VENEZUELA: Dr. Orlando Bosch Avila et al., Case 9058, Inter-Am. C.H.R. 127, OEA/ser. L/V/II.66, doc. 10 rev. 1 (1984) (Annual Report 1984-1985).
Complaint: Dr. Avila, Luis Posada Carriles, Hernan Ricardo Lozano, and Freddy Lugo were arrested and charged with the terrorist act of placing a bomb on board a Cuban airliner. The plane exploded, killing 70 persons, most of whom were athletes. The Permanent War Council of Caracas acquitted the four men, but referred the case to the Court Martial for consultation. The men were detained in prison for over six years while the case was pending before the Court Martial. Dr. Avila health deteriorated and he was denied visits by his family.
Action Taken: The Commission determined that the petition was admissible before the Court, and urged the Government of Venezuela to expedite the proceedings to define the legal situation of the indicted individuals.
III. No Violations Found
A. ARGENTINA: Mario Eduardo Firmenich, Case 10.037, Inter-Am. C.H.R. 36, OEA/ser. L/V/II.76, doc. 10 (1989) (Annual Report 1988-1989).
Complaint: Mario Eduardo Firmenich claimed that his two trials before Argentine courts resulted in his imprisonment without sentencing.
Action Taken: The Commission found no violation of the American Convention on Human Rights, explaining that the duration of detention was not excessive and that the prosecution conducted the court proceedings according to Argentina's Code of Criminal Procedure.
ARGENTINA: Challenge to Election Law, Case 10.109, Inter-Am. C.H.R. 102, OEA/ser. L/V/II.74, doc. 10 rev. 1 (1988) (Annual Report 1987-1988).
Complaint: Complainant asked to be registered as an independent candidate for the office of national deputy in the Corrientes province. He was unable to do so because of provisions in Argentine election laws requiring that candidates be nominated by a political party.
Action Taken: The Commission determined that there were no violations of the American Convention on Human Rights.
ARGENTINA: Maximo Bomchil and Alejandro M. Ferrari, Cases 9777 and 9718, Inter-Am. C.H.R. 31, OEA/ser. L/V/II.74, doc. 10 rev. 1 (1988) (Annual Report 1987-1988).
Complaint: Bomchil and Ferrari objected to a law passed by an Argentinean city government requiring the registration of all attorneys before they could practice. The petitioners alleged that the law violated Article 16 of the American Convention on Human Rights which provides for freedom of association.
Action Taken: The Commission declared that the law did not violate Article 16 of the American Convention on Human Rights since its purpose was public in nature.
ARGENTINA: Osvaldo Antonio Lopez, Case 9635, Inter-Am. C.H.R. 82, OEA/ser. L/V/II.74, doc. 10 rev. 1 (1988) (Annual Report 1987-1988).
Complaint: Lopez was tried and convicted by a military court and sentenced to 16 years. The San Martin Federal Appeals Court acquitted Lopez and released him after serving ten years. Lopez filed a special appeal charging the acquittal was wrongfully based on a coerced confession and on the fact that he had already served time in prison, rather than on the basis of the flawed legal proceedings. He asserted that his acquittal and release were unconstitutionally conditional, and therefore violative of Articles 8 and 25 of the American Convention on Human Rights.
Action Taken: The Commission observed that because the highest tribunal in Argentina had declared the proceedings null and void, and because Lopez was free and not subject to any condition whatsoever handed down by the San Martin Federal Court of Appeals, the alleged violations ceased to exist. The Commission declared that the case was concluded.
ARGENTINA: Cases of Disappeared Persons in Argentina, Res. No. 1/83, Inter-Am. C.H.R. 46, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1983) (Annual Report 1982-1983).
Complaint: The Commission received a large number of complaints alleging that public law enforcement agents have apprehended many persons in their residences, places of work, or in public places and that the people apprehended have since disappeared.
Action Taken: The Commission resolved that the Argentine Government is responsible for taking necessary measures to clarify and resolve the problems of disappeared persons in Argentina.
B. BRAZIL: Henrique Pereira Neto et al., Case 1684, Inter-Am. C.H.R. 104, (1974) (Ten Years of Activities 1971-81).
Complaint: Petitioners claimed that governmental authorities were responsible for many instances of torture, abuse, and detention of persons in violation of Articles I, XXV, XXVI of the American Declaration of the Rights and Duties of Man.
Action Taken: The Commission recommended that the Government of Brazil carry out a thorough investigation into the complaints and inform the Commission of the results, and punish, to the full extent of the law, those persons whom the evidence proves to have been responsible for violations of human rights. The Commission found no violations.
C. CHILE: Cases of Disappeared Persons in Chile, Res. No. 11/83, Inter-Am. C.H.R. 47, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1983) (Annual Report 1982-1983).
Complaint: The Commission has received a large number of complaints alleging that public law enforcement agents have apprehended many persons in their residences, places of work, or in public places, and that the people apprehended have since disappeared.
Action Taken: The Commission resolved that the Chilean Government is responsible for taking necessary measures to clarify and resolve the problems of disappeared persons in Chile.
D. COSTA RICA: Sheik Kadir Sahib Tajudeen, Case 10.289, Inter-Am. C.H.R. 73, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Sheik Kadir Sahib Tajudeen, also known as Mohammad Ali, claimed that the Government of Costa Rica denied him due process of law in granting an extradition request by the Government of France.
Action Taken: The Commission found no violation of the due process rights recognized by the American Convention on Human Rights because the petitioner had ample opportunity for defense and for appeal, of which he had availed himself extensively.
COSTA RICA: Cases 9328, 9329, 9742, 9884, 10.131, 10.193, 10.230, 10.429, 10.469, Inter-Am. C.H.R. 74, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: The Commission received a number of complaints alleging that provisions of the Costa Rican Code of Criminal Procedure obstructed the right to a fair trial as provided for by the American Convention on Human Rights Article 8.2.h, particularly the right to appeal a judgment to a higher court.
Action Taken: The Commission concluded that the recognition of the constitutional pre-eminence of the American Convention on Human Rights over the domestic legal code, by the Costa Rican Constitutional Chamber of the Supreme Court of Justice, effectively established the legal guarantees recognized in Article 8.2.h, and thus allowed the petitioners an opportunity for legal remedy. Hence, the petitions giving rise to the claim are now without merit.
COSTA RICA: Stephen Schmidt, Case 9178, Inter-Am. C.H.R. 51, OEA/ser. L/V/II.66, doc. 10 rev. 1 (1984) (Annual Report 1984-1985).
Complaint: Schmidt, a United States citizen and journalist but legal resident of Costa Rica for ten years, was convicted in criminal court and sentenced to three months in prison for illegal exercise of a profession. He petitioned the Commission to hear his case and restore his freedom of expression under Article 13 of the American Convention on Human Rights.
Action Taken: The Commission found that Article 13 of the American Convention on Human Rights was not violated. The decision was strongly dissented by one of the members of the Commission.
E. GRENADA: Einstein Louison, Case 9597, Inter-Am. C.H.R. 29, OEA/ser. L/V/II.76, doc. 10 (1988) (Annual Report 1988-1989).
Complaint: Grenada government officials seized Louison's passport, preventing him from leaving Grenada to attend a Congress in East Germany and to visit his wife in Cuba. The Supreme Court of Grenada rejected his complaint. Government officials subsequently returned Louison's passport.
Action Taken: The Commission found that it did not need to take any action.
F. GUATEMALA: Carlos Humberto Guerra Callejas et al., Case 10.400, Inter-Am. C.H.R. 193, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: The Guatemalan government and a nongovernmental human rights organization brought conflicting allegations of the torture and killings of Carlos Humberto Guerra Callejas and 20 other individuals to the attention of the Inter-American Commission on Human Rights.
Action Taken: The Commission found that there were no grounds for the petition made by the nongovernmental organization and ordered that the record be closed.
G. HAITI: Joseph Nicolas Gaetjens, Case 1716, Inter-Am. C.H.R. 135, (1973) (Ten Years of Activities 1971-81).
Complaint: Petitioner claimed that Haitian authorities arbitrarily detained Gaetjens in Port-au-Prince in 1964. Since that date there has been no further information as to his whereabouts.
Action Taken: The Commission recommended that the Government of Haiti order an investigation into these events and grant reparation or compensation to those persons to whom it is due by law. The Commission found no violations.
H. JAMAICA: Ransford Thomas, Case 3115, Inter-Am. C.H.R. 91, OEA/ser. L/V/II.57, doc. 6 rev. 1 (1981) (Annual Report 1981-1982).
Complaint: Ransford Thomas alleged that he was falsely arrested, beaten, and coerced to admit the wrong name of "Ransford Thomas," when his right name, according to him, was "Ransford James." He was sentenced to death.
Action Taken: The Commission found that the Jamaican government had not violated any rights provided in the American Convention on Human Rights. The Commission did, however, recommend suspension of the death sentence for convicted persons as well as abolition of the death penalty altogether.
JAMAICA: Noel Riley, Case 3102, Inter-Am. C.H.R. 89, OEA/ser. L/V/II.57, doc. 6 rev. 1 (1981) (Annual Report 1981-1982).
Complaint: Riley and Anthony Forbes were arrested for the murder of Leo Horatio Henry. They alleged that they were both sentenced to death on the basis of sparse, questionable, and conflicting evidence.
Action Taken: The Commission found that the Government of Jamaica had not violated any rights provided in the American Convention on Human Rights, but recommended suspension of the death sentence for the convicted persons. The Commission also recommended complete abolition of the death penalty.
I. MEXICO: Luis Felipe Bravo Mena, Case 10.956, Inter-Am. C.H.R. 259, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: In May 1991, the Commission received a communication in which Mr. Luis Felipe Bravo Mena of the Partido Accion Nacional (National Action Party - PAN) denounced numerous election irregularities that took place in Mexico between March and November 1990.
Action Taken: The Commission drew up recommendations on the suitability of domestic remedies in terms of elections: the need for an evidentiary system that will allow citizens to enjoy simple, expeditious, and effective remedies in connection with political rights, and the composition of electoral bodies.
MEXICO: Cases 9768, 9780 and 9828, Inter-Am. C.H.R. 97, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1990) (Annual Report 1989-1990).
Complaint: Petitioners, members of the National Action Party, alleged that the Institutional Revolutionary Party, the party in power in Mexico, committed irregularities in three electoral processes.
Action Taken: The Commission found that Mexican law offered no adequate means or any other effective remedy to protect petitioners from violation of political rights. The Commission reminded the Government of Mexico of its duty under the American Convention on Human Rights to adopt measures of internal law necessary to make effective the rights and liberties which the Convention recognizes. Mexico informed the Commission that it had undertaken the reform of its electoral laws. The Commission has expressed its willingness to cooperate in this reform process, and has asked Mexico to inform the Commission of any steps taken.
MEXICO: Aulo Cebrian Elizondo, Case 9706, Inter-Am. C.H.R. 163, OEA/ser. L/V/II.74, doc. 10 rev. 1 (1988) (Annual Report 1987-1988).
Complaint: Aulo and Alejandro Elizondo asserted their innocence when brought up on charges of fraud. They claimed that their human rights had been violated.
Action Taken: The Commission found that there had been no violations of the American Convention on Human Rights.
J. NICARAGUA: Cases 5154, 7313, 7314, 7316, 7320, Inter-Am. C.H.R. 120, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1983) (Annual Report 1982-1983).
Complaint: The Government of Nicaragua requested that the Commission reconsider its resolutions regarding cases 5154, 7313, 7314, 7316, and 7320.
Action Taken: Reconsideration of the resolutions were denied by the Commission.
K. PANAMA: Roy McFarlane, Case 2523, Inter-Am. C.H.R. 105, OEA/ser. L/V/II.47, doc. 13 rev. 1 (1979) (Annual Report 1978).
Complaint: Citizens chased and beat McFarlane after he made advances toward two young women. A member of the National Guard arrested McFarlane during the beating and took him to Guard headquarters. He died soon thereafter.
Action Taken: In an on-site visit, Commission members could not determine who was responsible for the death. The Commission filed the complaint and communicated that decision to the complainants and to the Government of Panama.
L. PERU: Shareholders of Banco de Lima, Case 10.169, Inter-Am. C.H.R. 423, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: Shareholders of the Banco de Lima alleged that the Government of Peru violated Articles 8, 21, 24, and 25 of the American Convention on Human Rights when the President announced a plan to expropriate all of the shares of the Peruvian banks remaining in private hands.
Action Taken: The Commission found that the shareholders asserted the collective property rights of the company and not their individual property rights. The Commission found that it had no jurisdiction, under Article 21 of the American Convention on Human Rights, over the rights of juridical beings, such as banks.
M. UNITED STATES: Christian S. White et al., Case 2141, Inter-Am. C.H.R. 25, OEA/ser. L/V/II.54, doc. rev. 1 (1981) (Annual Report 1980-1981).
Complaint: Petitioners claimed that as a result of a United States Supreme Court decision legalizing abortion, a fetus was killed in violation of Article I of the American Declaration of the Rights and Duties of Man.
Action Taken: The Commission found that the decision of the United States Supreme Court did not constitute a violation of the American Declaration of the Rights and Duties of Man.
IV. Violations of the American Convention on Human Rights
A. Article 1 - Obligation to Respect Rights
1. ARGENTINA: Alicia Consuelo Herrera et al., Cases 10.147, 10.181, 10.240, 10.262, 10.309, and 10.311, Inter-Am. C.H.R. 41, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Petitioners denounced Argentine laws which immunized members of the armed forces from prosecution for crimes committed during the so-called "dirty war" of the military dictatorship from 1976 to 1983. Violations included disappearances, summary executions, torture, and kidnapping.
Action Taken: The Commission concluded that the laws violated Article XVIII of the American Declaration of the Rights and Duties of Man, and Articles 1, 8, and 15 of the American Convention on Human Rights.
2. COLOMBIA: Pedro Miguel Gonzalez Martinez et al., Case 10.912, Inter-Am. C.H.R. 132, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: On March 4, 1988, twenty peasant workers from Antioquia were killed by armed men. All the men killed were members of the Antioquia Agricultural Workers Trade Union.
Action Taken: The Commission concluded that the killings could be imputed to the Government of Colombia, and that the government violated Articles 1, 4, 8, and 25 of the American Convention on Human Rights. It also found that Colombia had violated Sections I and XVIII of the American Declaration of the Rights and Duties of Man.
COLOMBIA: Alvaro Garces Parra et al., Case 10.473, Inter-Am. C.H.R. 94, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: Dr. Alvaro Garces Parra, mayor of Sabana de Torres and member of Union Patriotica-Frente Amplio del Magdalena Medio, was murdered on August 15, 1987 by members of the Colombian Army. Petitioners alleged a military plot and cover-up.
Action Taken: The Commission concluded that the Government of Colombia failed to observe Articles 1, 4, 8, and 25 of the American Convention on Human Rights and Articles I and XVIII of the American Declaration of the Rights and Duties of Man.
COLOMBIA: Olga Esther Bernal, Case 10.537, Inter-Am. C.H.R. 117, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: Olga Esther Bernal Duenas was arrested by a police agent in January 1988. She has not been seen since.
Action Taken: The Commission concluded that the Government of Colombia had violated Articles 1, 4, 13, and 25 of the American Convention on Human Rights.
COLOMBIA: Irma Vera Pena, Case 10.456, Inter-Am. C.H.R. 81, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: On February 6, 1987, Irma Vera Pena, 17, was found dead in an area occupied by the Colombian Army. Her husband, Delfin Torres Castro, reported her death and was subsequently assassinated on June 9, 1992.
Action Taken: The Commission concluded that the Government of Colombia violated Articles 1, 4, 5, 7, 8, 25 of the American Convention on Human Rights.
COLOMBIA: Patricia Rivera de Bernal et al., Case 9477, Inter-Am. C.H.R. 60, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: On December 10, 1982, Patricia Rivera, her two daughters, and Marco Antonio Crespo, were seized by state security agents. They have not been seen since.
Action Taken: The Commission concluded that the Government of Colombia violated Articles 1, 4, 5, 7, 8, 19, 25 of the American Convention on Human Rights.
COLOMBIA: Alirio de Jesus Pedraza Becerra, Case 10.581, Inter-Am. C.H.R. 61, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Heavily armed men in civilian clothes beat and arbitrarily detained Becerra, a member of the Political Prisoners Solidarity Committee. Two policemen on the scene failed to take any action as Becerra's abductors identified themselves as members of a state security agency. Becerra had previously received death threats from a paramilitary group.
Action Taken: The Commission concluded that the Colombian government failed to comply with its obligations under Articles 1, 4, 5, 7, and 25 of the American Convention on Human Rights.
COLOMBIA: Martin Calderon Jurado, Case 10.454, Inter-Am. C.H.R. 52, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: A paramilitary group assassinated Jurado, a prominent human rights activist, and his driver, Primitivo Silva. Jurado's body had at least 50 bullet wounds. Jurado had previously received death threats from individuals associated with the police and the army.
Action Taken: The Commission concluded that Colombia failed to comply with its obligations under Articles 1, 4, 5, and 25 of the American Convention on Human Rights.
COLOMBIA: Orlando Garcia Villamizar et al., Case 10.235, Inter-Am. C.H.R. 27, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: During the course of an investigation into the abduction and deaths of three children, government agents arrested 13 persons. At least three of those apprehended were later found dead while a number of others remain missing.
Action Taken: The Commission resolved the Government of Colombia failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
3. EL SALVADOR: Maria Teresa Guardado, Case 10.915, Inter-Am. C.H.R. 196, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In March 1991, Maria Teresa Guardado, age 8, was killed by a bullet fired from within a crowd of celebrating soldiers. Judicial proceedings were not held as the Government of El Salvador argued that it was impossible to determine the identity of the criminal.
Action Taken: The Commission found that the Government of El Salvador violated Articles 1, 4, and 25 of the American Convention on Human Rights.
EL SALVADOR: Flor de Maria Hernandez Rivas, Case 10.911, Inter-Am. C.H.R. 188, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In March 1990, Flor de Maria Hernandez Rivas, age 14, was forcibly arrested by National Guardsmen. She was accused of participating in the November 1989 FMLN offensive and was raped and tortured by three men.
Action Taken: The Commission concluded that the Government of El Salvador violated Articles 1, 5, 7, 8, 19, and 25 of the American Convention on Human Rights.
EL SALVADOR: Maria Dolores Rivas Quintanilla, Case 10.772, Inter-Am. C.H.R. 181, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In May 1990, Maria Dolores Rivas Quintanilla, age 7, was raped by a soldier. A local judge refused to consider case.
Action Taken: The Commission concluded that the Government of El Salvador had violated Articles 1, 5, 11, 19, and 25 of the American Convention on Human Rights.
EL SALVADOR: Elvis Gustavo Lovato Rivera, Case 10.574, Inter-Am. C.H.R. 174, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In February 1990, Elvis Gustavo Lovato Rivera was arrested by the army and accused of being a guerrilla. During his detention, he was tortured. Rivera was released three weeks later, but had been threatened with disappearance. Consequently, he was forced to leave his native town.
Action Taken: The Commission concluded that the Government of El Salvador had violated Articles 1, 5, 7, 8, and 22 of the American Convention on Human Rights.
EL SALVADOR: Julio Cesar Juarez Vasquez et al., Case 10.517, Inter-Am. C.H.R. 164, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In December 1985, Vasquez and his brother Juan Antonio Juarez Vaquez were arrested by members of the Las Chianamas Civilian Defense Force. A few days later, Leonardo Perez Nunez, Gerardo Saldana Salazar, Juan Saldana Salazar, and Jose Eladio Saldana Salazar were seized by soldiers and four men in civilian clothes. Vasquez and the others have not been seen since.
Action Taken: The Commission concluded that the Government of El Salvador violated Articles 1, 4, 5, 8, and 25 of the American Convention on Human Rights.
EL SALVADOR: Jurg Dieter Weis, Case 10.242, Inter-Am. C.H.R. 154, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: On August 22, 1988, in the village of Las Flores, agents of the National Police murdered Mr. Jurg Dieter Weis, a Swiss citizen and theologian.
Action Taken: The Commission concluded that the Government of El Salvador violated Articles 1, 4, 5, 8, and 25 of the American Convention on Human Rights.
EL SALVADOR: Erik Felipe Romero Canales, Case 10.571, Inter-Am. C.H.R. 153, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the First Infantry Brigade arrested Canales on suspicion of being a guerrilla. Canales has not been seen since and the Brigade denies knowledge of his whereabouts.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Leonardo Ramirez Murcia, Case 10.447, Inter-Am. C.H.R. 149, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Treasury Police abducted Murcia for supposed ties to the FMLN, a revolutionary group. The Treasury Police claimed that Murcia's job had been to release guerrillas that had been captured by the security forces. Police tortured Murcia after he refused to admit to the charges.
Action Taken: The Commission declared that the Government of El Salvador failed to comply with Article 1, and violated Articles 5 and 7, of the American Convention on Human Rights.
EL SALVADOR: Andres Colindres Vasquez et al., Case 10.399, Inter-Am. C.H.R. 141, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Military Detachment of Armed Force Engineers detained and tortured Vasquez, his wife Maria Luisa Panameno, and son Miguel Colindres Panameno, before executing them. The family had been accused of being affiliated with guerrilla groups.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Mesias Elias Hernandez Anzora, Case 10.323, Inter-Am. C.H.R. 136, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the San Martin Civil Defense and the Salvadoran Air Forces abducted Anzora from his home. They accused Anzora of possessing a firearm and of being a guerrilla collaborator. He has not been seen since.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Las Hojas Massacre, Case 10.287, Inter-Am. C.H.R. 83, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Members of the Salvadoran army assassinated approximately 74 people near Las Hojas. The Government of El Salvador failed to prosecute members of its forces that were implicated in the massacre, and it improperly used an amnesty law which immunized them from prosecution.
Action Taken: The Commission declared that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 5, 8, and 25, of the American Convention on Human Rights.
EL SALVADOR: Manuel de Jesus Munguia Choto, Case 10.284, Inter-Am. C.H.R. 131, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the National Guard, having been told that Choto was a rebel, took Choto from a hospital before he had fully recovered and brought him to a National Guard post where later died of gunshot wounds. The National Guard told Choto's family that he had killed himself.
Action Taken: The Commission declared that the Government of El Salvador had failed to comply with Article 1, and violated Articles 4 and 5, of the American Convention on Human Rights.
EL SALVADOR: Julio Ernesto Fuentes Perez, Cases 10.277 and 10.333, Inter-Am. C.H.R. 110, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Salvadoran Air Force (FAS) abducted Perez, a 10-year-old boy. His family went to FAS headquarters where they were told that the boy was in custody. Later FAS denied having the child. Several days later, soldiers threw three bodies from a helicopter at 300 meters altitude. A body matching Perez's description was among them. The body had signs of torture and the head had been smashed.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: William Fernandez Rivera and Raquel Fernandez Rivera, Case 10.277 and 10.333, Inter-Am. C.H.R. 110, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Salvadoran Air Force abducted Rivera and his sister, Raquel Fernandez Rivera, from their home. The body of William Rivera was found the following day showing signs of torture.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Rosa Marta Cerna Alfaro and Ismael Hernandez Flores, Case 10.257, Inter-Am. C.H.R. 125, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Salvadoran soldiers abducted Rosa Marta Cerna Alfaro and Ismael Hernandez Flores and interrogated them about valises containing medicine. During interrogation, soldiers forced Alfaro to remove her clothes and sexually assaulted her. Soldiers also tortured Flores, a former political prisoner. Authorities later released both.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 5 and 7, of the American Convention on Human Rights.
EL SALVADOR: Francisco Alberto Martinez Marroquin, Case 10.256, Inter-Am. C.H.R. 121, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Arce Battalion abducted Marroquin from his car, blindfolded him and placed him in an underground jail. Soldiers accused Marroquin of having links to guerrilla groups and beat and tortured him over a one-week period. Authorities released Marroquin after this period and told him to leave the country within 15 days.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 5 and 7, of the American Convention on Human Rights.
EL SALVADOR: Eliseo Cordova Aguilar, Case 10.211, Inter-Am. C.H.R. 105, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Three heavily armed men wearing hoods abducted Aguilar. The abductors were either Treasury Police or members of the National Guard. Aguilar's location is still unknown.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Jose Angel Alas Gomez, Case 10.190, Inter-Am. C.H.R. 99, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Atlacatl Battalion took Gomez from his home, brought him to Atlacatl headquarters, and then transferred him to the Santa Tecla National Police Headquarters. Police tortured Gomez for several days before releasing him. Two weeks later, the Treasury Police arrested Gomez. He was killed in police custody, his body showing signs of torture. The government asserted that Gomez died a natural death from cardiac arrest.
Action Taken: The Commission issued a report declaring that the Government of El Salvador failed to comply with Article 1, and violated Articles 4 and 5, of the American Convention on Human Rights.
EL SALVADOR: Jose Javier Santamaria Medina et al., Case 10.151, Inter-Am. C.H.R. 92, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: A group of armed men, some in civilian dress and others in army uniforms, abducted Jose Javier Santamaria Medina, a 16-year-old boy, Jose Luis Cornejo, and Angel de Jesus Santamaria Raymundo. Their tortured bodies were found the next day at a place called "La Puerta del Diablo," a site commonly used by death squads to dump the bodies of their victims. Witnesses recognized one abductor as a deserter from the Farabundo Marti National Liberation Front (the revolutionary front) and an army collaborator.
Action Taken: The Commission issued a report declaring that the Government of El Salvador failed to comply with Article 1, and violated Articles 4 and 5, of the American Convention on Human Rights.
EL SALVADOR: Francisco Hernandez Quintanilla et al., Case 10.103, Inter-Am. C.H.R. 86, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Soldiers of the First Infantry Brigade stationed at San Carlos base abducted Hernandez and Juan Armando Martinez. On the same day, COPREFA (Salvadoran Armed Service Press Committee) issued a press release claiming that the three men had been kidnapped by guerrillas. Witnesses stated that this press release was false. None of the three men has been seen since the kidnapping.
Action Taken: The Commission resolved the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Pedro Jose Castro Alvarenga, Case 10.003, Inter-Am. C.H.R. 81, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Three heavily armed men in plain clothes entered Alvarenga's home, beat him, and abducted him in a pick-up truck with no license plates. Although witnesses later saw him at National Police Headquarters, police denied any knowledge of his whereabouts. Alvarenga has not been seen again and is presumed dead.
Action Taken: The Commission resolved the Government of El Salvador had violated Articles 1, 4, 7, and 25 of the American Convention on Human Rights.
EL SALVADOR: Nicolas Alfaro et al., Case 10.252, Inter-Am. C.H.R. 54, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1989) (Annual Report 1989-1990).
Complaint: Soldiers of Jiboa Battalion, Fifth Infantry Brigade, detained forty Salvadoran farm-workers, abusing them physically and psychologically. The soldiers later led the farm-workers to a school and summarily executed ten of them.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 1, 4, 5, 7, and 8 of the American Convention on Human Rights.
EL SALVADOR: Ita Ford et al., Case 7575, Inter-Am. C.H.R. 53, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1983) (Annual Report 1982-1983).
Complaint: Salvadoran authorities detained four women from the United States (three nuns and a social worker) while the women were returning from the airport to La Libertad. Local residents found the Americans' van burned and their bodies buried nearby. The women had been raped, tortured, and murdered.
Action Taken: The Commission found that the Government of El Salvador had violated Articles 1, 4, 5, and 11 of the American Convention on Human Rights.
4. GUATEMALA: Alejandro Piche Cuca, Case 10.975, Inter-Am. C.H.R. 216, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: In April 1991, Alejandro Piche Cuca and others were taken by soldiers and forcibly recruited into the army. A request for habeas corpus was filed on his behalf but was rejected. Petitioner pointed out that his detention was unlawful according to Guatemalan law and constitution and that his right of freedom of movement had been violated. The Supreme Court of Guatemala ruled that habeas corpus remedies were not subject to appeal and declared the petition inadmissible.
Action Taken: The Commission found that the Government of Guatemala had violated Articles 1, 7, 11, and 22 of the American Convention on Human Rights.
GUATEMALA: Hector Oqueli and Gilda Flores, Case 10.518, Inter-Am. C.H.R. 173, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Oqueli, a Salvadoran doctor, and Flores, a Guatemalan lawyer, were found dead after being abducted by heavily armed men. Flores had been driving Oqueli, who had been in the country less than 24 hours, to the airport at the time of their abduction.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4, 5, 7, 16, and 25, of the American Convention on Human Rights.
GUATEMALA: Domingo Morente Gomez, Case 10.113, Inter-Am. C.H.R. 169, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Guatemalan army soldiers arrested Gomez, a peasant, and took him to the local military post for requesting to patrol 12 hours in the civil defense patrols rather than the required 24 hours.
Action Taken: The Commission issued a resolution declaring that the Government of Guatemala had failed to comply with Article 1 and had violated Article 7 of the American Convention on Human Rights.
GUATEMALA: Danilo Sergio Alvarado Mejia and Rene Aroldo Leiva Cayax, Cases 10.111 and 10.112, Inter-Am. C.H.R. 162, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Mejia and Cayax, both members of the Western AEVO Student Association, were abducted, in two separate incidents, by plain-clothes members of the security forces driving cars with government plates. Both were found later dead. Mejia's body showed signs of torture.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
GUATEMALA: German Ventura Hernandez, Case 10.120, Inter-Am. C.H.R. 171, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1991) (Annual Report 1991).
Complaint: At the Mexico-Guatemala border, immigration officials abducted Hernandez, a former labor leader, and turned him over to Guatemala's counterinsurgent Kaibiles battalion who took him to an unknown destination.
Action Taken: The Commission issued a resolution finding that the Government of Guatemala had failed to comply with Article 1 and had violated Article 7 of the American Convention on Human Rights.
GUATEMALA: Basilio Tuis Ramirez, Case 9995, Inter-Am. C.H.R. 189, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: A bullet fired by an unidentified man wounded Ramirez, a member of the Mutual Support Group. As volunteer firefighters transported Ramirez to a hospital, members of the security forces commandeered the ambulance and took it to a remote location. Ramirez has not been seen since and is presumed dead.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Mario Lester Morales, Case 9992, Inter-Am. C.H.R. 185, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Crew members of a Guatemalan naval ship detained Morales, the owner of a salt mine. When he resisted, crew members shot and wounded him. They then took him to the Pacific Naval Base. Empty shell casings from a Galil rifle were found at the place of the event. He has been missing since this incident.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Pedro Lopez Gutierrez, Case 9991, Inter-Am. C.H.R. 181, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the military illegally detained Gutierrez in the early morning at his home. Gutierrez was a farm-worker who had organized a group of farmers to apply to the government for land. He has not been seen since the abduction.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Isabel Ajcalon, Case 9989, Inter-Am. C.H.R. 178, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the military carrying heavy caliber weapons raided the home of Isabel Ajcalon, a 62-year-old farm worker, and abducted her. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Pascual Saon and Mario Chingo, Case 9988, Inter-Am. C.H.R. 175, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Heavily armed security forces entered a bar, threatened the customers, and abducted Saon, Chingo, and two other unidentified young men. They have not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Ileana Lopez Rivera and Andres Espinoza Lopez, Case 9983, Inter-Am. C.H.R. 171, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Rivera, 25, and Lopez, 11, as they left their home. Neither has been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Susana Ramos Grijalba, Case 9968, Inter-Am. C.H.R. 168, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Grijalba from her house. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Irma Yolanda Gudiel Pineda, Case 9967, Inter-Am C.H.R. 165, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Pineda, 22. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Rony Huber Reyes Cifuentes, Case 9964, Inter-Am. C.H.R. 162, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Cifuentes. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Guillermo Alfredo Molina Ambrosio, Case 9963, Inter-Am. C.H.R. 159, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Ambrosio. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Jose Maria Garcia Portillo, Case 9961, Inter-Am. C.H.R. 156, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Portillo, the mayor of Chiquimula, as he rode in his vehicle to Guatemala City. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Martin Garcia Guzman and Tereso Garcia Guzman, Case 9960, Inter-Am. C.H.R. 152, OEA/ser. L/V/II.79, doc. 12 rev. 1(1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted the Guzman brothers. Neither has been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Francisco Meza and Hugo Erick Gomez, Case 9956, Inter-Am. C.H.R. 149, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Meza, a transport worker, and his son, Gomez, at the departmental seat of Chimaltenango. Neither has been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Jorge Herrera, Case 9955, Inter-Am. C.H.R. 145, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Herrera, a law student, as he returned from Amatitlan with his family. The soldiers kidnapped him in a Ford Bronco automobile. He has not been seen since. Herrera had been the advisor to several trade union organizations and a teacher at a trade union training school. Other members of his family have also disappeared.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Marta Judith Chiric Ortiz, Case 9948, Inter-Am. C.H.R. 142, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Ortiz, 15, as she was walking with her father. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Nicolas Agustin Cruz, Case 9946, Inter-Am C.H.R. 139, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Cruz from his house. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Laura Elizabeth del Cid, Case 9936, Inter-Am. C.H.R. 136, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted del Cid, age 12, as she was riding with her family in a vehicle. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Maria Elena Rodas Orellana, Case 9935, Inter-Am. C.H.R. 133, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Orellana, a 20-year-old industrial engineering student, outside of the University of San Carlos. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Samuel Rolando Melgar Flores, Case 9933, Inter-Am. C.H.R. 130, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Flores, an accountant, as he was leaving his house.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Waldemar Duarte Fernandez, Case 9932, Inter-Am. C.H.R. 127, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Fernandez while he was hunting with two friends. His friends were released, but Fernandez has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Maria Tzampop, Case 9926, Inter-Am. C.H.R. 124, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces raided Tzampop's house and abducted her. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Marco Cax Garcia, Case 9925, Inter-Am. C.H.R. 121, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces raided Garcia's house and abducted him. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Sandra Zamora Lopez, Case 9922, Inter-Am. C.H.R. 118, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Lopez. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Leady Giron Ruano, Case 9918, Inter-Am. C.H.R. 114, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted 17-year-old Ruano. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
5. HAITI: Jean Emile Estimable et al., Cases 11.102, 11.105, 11.107, 11.110, 11.111, 11.112, 11.113, 11.114, 11.118, 11.120, and 11.122, Inter-Am. C.H.R. 224, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: Several petitions were received by the Commission, regarding illegal detentions by Haitian Armed Forces. The cases were consolidated and the report prepared for all the petitions.
Action Taken: The Commission decided to presume the alleged facts as true. It found that the Haitian authorities had violated Articles 1, 5, 7, and 25 of the American Convention on Human Rights. The legitimate Government of Haiti, illegally overthrown, was ruled to have been unable to investigate the complaints.
HAITI: Brunel Jacquelin et al., Cases 11.106, 11.108, 11.109, 11.115, 11.119, 11.121, Inter-Am. C.H.R. 232, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: The Commission received several petitions concerning killings and disappearances in Haiti. There were no local judicial investigations into any of the cases.
Action Taken: The Commission considered the alleged facts as true, and concluded that the Haitian authorities had violated Articles 1, 4, and 25 of the American Convention on Human Rights.
HAITI: Georges Izmery, Case 11.128, Inter-Am. C.H.R. 239, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In May 1992, Georges Izmery, the brother of a known supporter of President Aristide, was shot before hundreds of witnesses by a group of soldiers. His body was recovered three days later.
Action Taken: The Commission decided that the Haitian authorities had violated Articles 1, 4, and 25 of the American Convention on Human Rights.
HAITI: Cledanor Antoine, Case 10.483, Inter-Am. C.H.R. 233, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: Soldiers detained Antoine because they suspected him of harboring an individual who allegedly possessed evidence intended for presentation at the trial of a former tonton macoute (secret police agent). The soldiers tortured Antoine, took him to his home and strangled him to death with a rope in front of one of his children.
Action Taken: The Commission resolved that the Government of Haiti failed to comply with Article 1, and violated Articles 4 and 5, of the American Convention on Human Rights.
HAITI: Yves Volel, Case 10.095, Inter-Am. C.H.R. 229, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Volel was shot and killed by members of the police force while giving a speech on human rights to a group of journalists.
Action Taken: The Commission resolved that the Government of Haiti failed to comply with Article 1, and violated Article 4, of the American Convention on Human Rights.
HAITI: Vladimir David, Case 9905, Inter-Am. C.H.R. 224, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: Police detained David, 17, after he participated in a peaceful protest march against government abductions. Police fired on the demonstrators. David has not been seen since and is presumed to be dead.
Action Taken: The Commission resolved that the Government of Haiti failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
6. HONDURAS: Miguel Angel Pavon Salazar and Moises Landaverde Recarte, Case 10.437, Inter-Am. C.H.R. 249, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: Miguel Angel Pavon and Moises Landaverde Recarte were assassinated on January 14, 1988 in the city of San Pedro Sula. Pavon had been a witness for the Inter-American Court of Human Rights.
Action Taken: The Commission concluded that the Government of Honduras had violated Articles 1, 4, 8, and 25 of the American Convention on Human Rights.
HONDURAS: Francisco Javier Bonilla, Case 10.793, Inter-Am. C.H.R. 93, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1993) (Annual Report 1992-1993).
Complaint: An agent of the National Investigations Department shot and killed Bonilla, an activist in the Honduran Social Security Institute Union.
Action Taken: The Commission resolved that the Government had violated Articles 1, 2, 8, and 25 of the American Convention on Human Rights.
HONDURAS: Saul Godinez Cruz, Case 8097, Inter-Am. C.H.R. 49, OEA/ser. L/V/II.68, doc. 8 rev. 1 (1986) (Annual Report 1985-1986).
Complaint: Government agents arrested Cruz and he has not been seen since.
Action Taken: The Commission resolved that the Government violated Articles 1, 5, and 7 of the American Convention on Human Rights, and referred the case to the Inter-American Court of Human Rights.
HONDURAS: Francisco Fiaren Garbi and Yolanda Solis Corrales, Case 7951, Inter-Am. C.H.R. 47, OEA/ser. L/V/II.68, doc. 8 rev. 1 (1986) (Annual Report 1985-1986).
Complaint: Government agents arrested Garbi and Corrales while they were passing through Honduras. They remain missing.
Action Taken: The Commission resolved that the Government violated Articles 1, 5, and 7 of the American Convention on Human Rights, and referred the case to the Inter-American Court of Human Rights.
HONDURAS: Angel Manfredo Velazquez Rodriguez, Case 7920, Inter-Am. C.H.R. 40, OEA/ser. L/V/II.68, doc. 8 rev. 1 (1986) (Annual Report 1985-1986).
Complaint: Government agents arrested Rodriguez and took him to a prison where they tortured him in an attempt to elicit a confession for the commission of political crimes. He remains missing and is presumed dead.
Action Taken: The Commission resolved that the Government of Honduras violated Articles 1, 5, and 7 of the American Convention on Human Rights, and referred the case to the Inter-American Court of Human Rights.
7. NICARAGUA: Haydee A. de Marin et al., Case 10.770, Inter-Am. C.H.R. 293, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: The Inter-American Commission received a complaint stating that the National Reconstruction Governing Junta had in 1979 denied Haydee A. de Marin, Leonor Marin Arcia, Orlando Marin Arcia, and Maria Haydee Marin Arcia their rights to possess, own, and use their private properties in Nicaragua, even though there was no decree ordering confiscation of the property.
Action Taken: The Commission presumed the alleged facts as true and concluded that the Government of Nicaragua had violated Articles 1, 8, 21, and 25 of the American Convention on Human Rights.
8. PERU: Guadalupe Ccalloccunto Olano, Case 10.563, Inter-Am. C.H.R. 303, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: In June 1990, Mrs. Guadalupe Ccalloccunto Olano was abducted by fifteen men in attire similar to that worn by the military. She has not been seen since.
Action Taken: The Commission concluded that the Government of Peru had violated Articles 1, 4, 5, 7, 8 and 25 of the American Convention on Human Rights.
PERU: Simerman Rafael Antonio Navarro, Case 10.531, Inter-Am. C.H.R. 136, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1993) (Annual Report 1992-1993).
Complaint: Approximately 12 soldiers of the Peruvian army broke into Navarro's home and abducted him. When his parents inquired about him at a military base close to their home, spokesmen denied knowledge of the incident. His whereabouts are still unknown.
Action Taken: The Commission found that the Government of Peru failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
PERU: Falconieri Saravia Castillo, Case 10.528, Inter-Am. C.H.R. 128, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1993) (Annual Report 1992-1993).
Complaint: An armed military man in civilian clothes arrested Castillo, president of the Huancavelica Agrarian Federation, municipal agent for the community of Santa Barbara, and member of the United Left. Although witnesses saw Castillo being taken in the direction of the office of the Political Military Command, that office denied ever arresting Castillo. Thereafter, Castillo's body was found with visible signs of torture.
Action Taken: The Commission resolved that the Peruvian Government had violated Articles 1, 4, 5, 7, and 25 of the American Convention on Human Rights.
PERU: Teofilo Rimac Capcha, Case 10.443, Inter-Am. C.H.R. 118, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1993) (Annual Report 1992-1993).
Complaint: The Peruvian Army arrested a number of people on charges of terrorism. Soldiers detained and tortured the arrestees. Capcha, a university professor, died as a result.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, 5, 7, and 25 of the American Convention on Human Rights.
PERU: Raul Salas Chocas et al., Case 10.433, Inter-Am. C.H.R. 110, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1993) (Annual Report 1992-1993).
Complaint: Following a clash between the Peruvian Army and the Tupac Amaru Revolutionary Movement, the army took seven civilians into custody. The army later denied having any knowledge regarding the missing persons.
Action Taken: The Commission concluded that the Peruvian Government had violated Articles 1, 4, 7, and 25 of the American Convention on Human Rights.
PERU: Hugo Bilbao Valenzuela et al., Case 10.493, Inter-Am. C.H.R. 419, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Army personnel abducted Valenzuela and five other individuals and took them to a nearby military base. The army later denied that the individuals were at the base. None of those abducted has been seen since.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: P. Jorge Parraga Castillo et al., Case 10.487, Inter-Am. C.H.R. 414, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Army personnel arrested Castillo and seven other members of the Peruvian Evangelical Church from Atcas. The officers threatened to kill the arrested individuals immediately, but the arrestees' family members begged for their lives. The soldiers then took the eight away. None of them has been seen since.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Ismael Pimentel Davalos, Case 10.477, Inter-Am. C.H.R. 410, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Unknown individuals abducted Davalos, 17, during a festival in the community of Quisapata. Residents of the community stated that they saw Davalos detained at a military facility in Abancay. Davalos has not been seen since.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Santos Rojas Quispe, Case 10.475, Inter-Am. C.H.R. 406, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Military personnel abducted Santos Rojas Quispe after accusing him of collaborating with subversives. Soldiers took Quispe in the direction of a military base, but he has not been seen since his arrest. Military authorities denied any knowledge of Quispe's whereabouts.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Vicente Bocanegra Espinoza et al., Case 10.470, Inter-Am. C.H.R. 402, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Army personnel entered the village of Ishanga and seized Espinoza and nine others. Soldiers looted the houses in the village. None of the abducted persons has been seen since.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Silvio Alejandro Campos et al., Case 10.467, Inter-Am. C.H.R. 398, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Police abducted Campos, along with six others in the area of Mazamari. None of those abducted has been seen since.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Fernando Mejia Egocheaga and Aladino Melgarejo Ponce, Case 10.466, Inter-Am. C.H.R. 394, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Police arrested, tortured, and murdered Egocheaga and Ponce. Before their murder, Agustin Mantilla, Minister of the Interior, attempted to intervene and secure their release. Nevertheless, the bodies of Egocheaga and Ponce were later found with signs of torture. Egocheaga was a lawyer, chairman of the Provincial Committee of the United Left, and legal advisor to the peasant communities and residents of Oxapampa. Ponce was a teacher and leader of SUTEP (Single Labor Union of Peruvian Education Personnel).
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Pedro Valenzuela Tamayo and Manuel Mejia Cotrina, Case 10.464, Inter-Am.C.H.R. 390, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Tamayo and Cotrina, president and treasurer, respectively, of the peasant union of Huaripampa, disappeared after lodging a complaint against the mayor of their district. Residents from the community said there was considerable reason to blame the mayor and the police for the disappearances.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Coqui Samuel Huamali Sanchez, Case 10.463, Inter-Am. C.H.R. 385, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Masked assailants in military uniforms abducted Sanchez, a lawyer and member of the board of directors of the Pasco Human Rights Defense Committee. The assailants beat and threatened members of Sanchez's family, and warned that they would set the family home on fire if the assailants were followed. The next morning, Sanchez's body was found with three bullet wounds to the head. Next to his body was a leaflet that read "Death to the Traitor" with a hammer and sickle in red ink.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Teofilo Carrion Yaulis, Case 10.461, Inter-Am. C.H.R. 381, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Government agents abducted Yaulis. He has not been seen since.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Cipriano Agama Anaya, Case 10.460, Inter-Am. C.H.R. 377, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1990).
Complaint: Military agents abducted Anaya, coordinator of the Transportation Committee of the Progreso-Culebra-Paraiso highway, while he was repairing a flat tire. Witnesses report that soldiers took Anaya by helicopter to the army headquarters at Tingo Maria. Army officials acknowledged that they had arrested Anaya, but claimed that he subsequently escaped. Others claim that Anaya continues to be held at the army facility.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Gregorio Castellares Robles, Case 10.444, Inter-Am. C.H.R. 373, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Soldiers arrested Robles, mayor of Carhuancho, along with other community officials. There was no legitimate reason for the arrest. Soldiers beat and tortured the officials before releasing them.
Action Taken: The Commission resolved that the Government of Peru had violated Article 1, 5, and 7 of the American Convention on Human Rights.
PERU: Andres Huayhua and Ciro Huayhua, Case 10.203, Inter-Am. C.H.R. 369, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: An army patrol entered the village of Santa Rose de Ccotccoy and looted homes. The patrol abducted Andres Huayhua and his nephew, Ciro Huayhua. The two have not been seen since.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
PERU: Sonia Munoz de Yangali, Case 10.202, Inter-Am. C.H.R. 364, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Soldiers entered Munoz's house, made death threats, tortured her, and beat her two children (aged 9 and 12) when they attempted to defend their mother. After abducting Munoz, they shot her in the head and chest and abandoned her at the side of the road with signs indicating that she had been executed because she was an informant for the Shining Path guerrillas. Munoz survived the attack.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 5, and 7 of the Convention.
PERU: Tecero Lava Ramirez et al., Case 10.163, Inter-Am. C.H.R. 360, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Peruvian soldiers arrested Martinez, Julio and Oscar Saboya Pisco, Marcelino de la Cruz Manayay, Hilario Puelles Trolles and Julio Campesino Sangama without providing any information as the reasons for their detention.
Action Taken: The Commission resolved that the Government of Peru had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
9. URUGUAY: Hugo Leonardo de los Santos Mendoza et al., Cases 10.029, 10.036, 10.145, 10.305, 10.372, 10.373, 10.374, and 10.375, Inter-Am. C.H.R. 154, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Petitioners denounced a law immunizing police and military personnel from prosecution for politically motivated crimes committed before March 1, 1985.
Action Taken: The Commission concluded that the law violated Article XVIII of the American Declaration on the Rights and Duties of Man and Articles 1, 8, and 25 of the American Convention on Human Rights.
B. Article 2 - Domestic Legal Effects
1. HONDURAS: Francisco Javier Bonilla, Case 10.793, Inter-Am. C.H.R. 93, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1993) (Annual Report 1992-1993).
Complaint: An agent of the National Investigations Department shot and killed Bonilla, an activist in the Honduran Social Security Institute Union.
Action Taken: The Commission resolved that the Government had violated Articles 1, 2, 8, and 25 of the American Convention on Human Rights.
2. MEXICO: National Action Party, Case 10.180, Inter-Am. C.H.R. 237, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: The National Action Party charged that the 1987 Electoral Law of the State of Nueva Leon prevented the exercise of political rights and deprived the citizens of simple, prompt, and effective recourse to independent and impartial courts for the determination of their political rights.
Action Taken: The Commission concluded that the Mexican government is obligated to immediately adopt corrective measures so that its domestic laws comport with Articles 2, 8, 23, 25, and 28.2 of the American Convention on Human Rights.
C. Article 3 - Right to Juridical Personality
D. Article 4 - Right to Life
1. BOLIVIA: Artemio Camargo et al., Case 7739, Inter-Am. C.H.R. 55, OEA/ser. L/V/II.54, doc. 9 rev. 1 (1981) (Annual Report 1980-1981).
Complaint: A combined group of paramilitary forces and regular soldiers raided a house in La Paz where members of the Revolutionary Leftist Movement were meeting. The raiders killed nine persons.
Action Taken: The Commission resolved that the Government of Bolivia violated Articles 4, 5, and 7 of the American Convention on Human Rights.
BOLIVIA: Marcelo Quiroga Santa Cruz, Case 7458, Inter-Am. C.H.R. 57, OEA/ser. L/V/II.54, doc. 9 rev. 1 (1981) (Annual Report 1980-1981).
Complaint: Government agents detained and killed Cruz, a member of the congress and a socialist party presidential candidate, at the Bolivian Workers Union headquarters.
Action Taken: The Commission resolved that the Government of Bolivia had violated Articles 4, 5, and 7 of the American Convention on Human Rights.
2. COLOMBIA: Pedro Miguel Gonzalez Martinez et al., Case 10.912, Inter-Am. C.H.R. 132, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: On March 4, 1988, twenty peasant workers from Antioquia were killed by armed men. All the men killed were members of the Antioquia Agricultural Workers Trade Union.
Action Taken: The Commission concluded that the killings could be imputed to the Government of Colombia, and that the government violated Articles 1, 4, 8, and 25 of the American Convention on Human Rights. It also found that Colombia had violated Sections I and XVIII of the American Declaration of the Rights and Duties of Man.
COLOMBIA: Alvaro Garces Parra et al., Case 10.473, Inter-Am. C.H.R. 94, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: Dr. Alvaro Garces Parra, mayor of Sabana de Torres and member of Union Patriotica-Frente Amplio del Magdalena Medio, was murdered on August 15, 1987 by members of the Colombian Army. Petitioners alleged a military plot and cover-up.
Action Taken: The Commission concluded that the Government of Colombia failed to observe Articles 1, 4, 8, and 25 of the American Convention on Human Rights and Articles I and XVIII of the American Declaration of the Rights and Duties of Man.
COLOMBIA: Olga Esther Bernal, Case 10.537, Inter-Am. C.H.R. 117, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: Olga Esther Bernal Duenas was arrested by a police agent in January 1988. She has not been seen since.
Action Taken: The Commission concluded that the Government of Colombia had violated Articles 1, 4, 13, and 25 of the American Convention on Human Rights.
COLOMBIA: Irma Vera Pena, Case 10.456, Inter-Am. C.H.R. 81, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: On February 6, 1987, Irma Vera Pena, 17, was found dead in an area occupied by the Colombian Army. Her husband, Delfin Torres Castro, reported her death and was subsequently assassinated on June 9, 1992.
Action Taken: The Commission concluded that the Government of Colombia violated Articles 1, 4, 5, 7, 8, 25 of the American Convention on Human Rights.
COLOMBIA: Patricia Rivera de Bernal et al., Case 9477, Inter-Am. C.H.R. 60, OEA/ser. L/V/II.85, doc. 9 rev. (1993) (Annual Report 1993).
Complaint: On December 10, 1982, Patricia Rivera, her two daughters, and Marco Antonio Crespo, were seized by state security agents. They have not been seen since.
Action Taken: The Commission concluded that the Government of Colombia violated Articles 1, 4, 5, 7, 8, 19, 25 of the American Convention on Human Rights.
COLOMBIA: Alirio de Jesus Pedraza Becerra, Case 10.581, Inter-Am. C.H.R. 61, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Heavily armed men in civilian clothes beat and arbitrarily detained Becerra, a member of the Political Prisoners Solidarity Committee. Two policemen on the scene failed to take any action as Becerra's abductors identified themselves as members of a state security agency. Becerra had previously received death threats from a paramilitary group.
Action Taken: The Commission concluded that the Colombian government failed to comply with its obligations under Articles 1, 4, 5, 7, and 25 of the American Convention on Human Rights.
COLOMBIA: Martin Calderon Jurado, Case 10.454, Inter-Am. C.H.R. 52, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: A paramilitary group assassinated Jurado, a prominent human rights activist, and his driver, Primitivo Silva. Jurado's body had at least 50 bullet wounds. Jurado had previously received death threats from individuals associated with the police and the army.
Action Taken: The Commission concluded that Colombia failed to comply with its obligations under Articles 1, 4, 5, and 25 of the American Convention on Human Rights.
COLOMBIA: Orlando Garcia Villamizar et al., Case 10.235, Inter-Am. C.H.R. 27, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: During the course of an investigation into the abduction and deaths of three children, government agents arrested 13 persons. At least three of those apprehended were later found dead while a number of others remain missing.
Action Taken: The Commission resolved the Government of Colombia failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
3. EL SALVADOR: Maria Teresa Guardado, Case 10.915, Inter-Am. C.H.R. 196, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In March 1991, Maria Teresa Guardado, age 8, was killed by a bullet fired from within a crowd of celebrating soldiers. Judicial proceedings were not held as the Government of El Salvador argued that it was impossible to determine the identity of the criminal.
Action Taken: The Commission found that the Government of El Salvador violated Articles 1, 4, and 25 of the American Convention on Human Rights.
EL SALVADOR: Julio Cesar Juarez Vasquez et al., Case 10.517, Inter-Am. C.H.R. 164, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: In December 1985, Vasquez and his brother Juan Antonio Juarez Vaquez were arrested by members of the Las Chianamas Civilian Defense Force. A few days later, Leonardo Perez Nunez, Gerardo Saldana Salazar, Juan Saldana Salazar, and Jose Eladio Saldana Salazar were seized by soldiers and four men in civilian clothes. Vasquez and the others have not been seen since.
Action Taken: The Commission concluded that the Government of El Salvador violated Articles 1, 4, 5, 8, and 25 of the American Convention on Human Rights.
EL SALVADOR: Jurg Dieter Weis, Case 10.242, Inter-Am. C.H.R. 154, OEA/ser. L/V/II.85, doc. 9 rev. (1994) (Annual Report 1993).
Complaint: On August 22, 1988, in the village of Las Flores, agents of the National Police murdered Mr. Jurg Dieter Weis, a Swiss citizen and theologian.
Action Taken: The Commission concluded that the Government of El Salvador violated Articles 1, 4, 5, 8, and 25 of the American Convention on Human Rights.
EL SALVADOR: Erik Felipe Romero Canales, Case 10.571, Inter-Am. C.H.R. 153, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the First Infantry Brigade arrested Canales on suspicion of being a guerrilla. Canales has not been seen since and the Brigade denies knowledge of his whereabouts.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Andres Colindres Vasquez et al., Case 10.399, Inter-Am. C.H.R. 141, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Military Detachment of Armed Force Engineers detained and tortured Vasquez, his wife Maria Luisa Panameno, and son Miguel Colindres Panameno, before executing them. The family had been accused of being affiliated with guerrilla groups.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Mesias Elias Hernandez Anzora, Case 10.323, Inter-Am. C.H.R. 136, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the San Martin Civil Defense and the Salvadoran Air Forces abducted Anzora from his home. They accused Anzora of possessing a firearm and of being a guerrilla collaborator. He has not been seen since.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Las Hojas Massacre, Case 10.287, Inter-Am. C.H.R. 83, OEA/ser. L/V/II.83, doc. 14 corr. 1 (1992) (Annual Report 1992-1993).
Complaint: Members of the Salvadoran army assassinated approximately 74 people near Las Hojas. The Government of El Salvador failed to prosecute members of its forces that were implicated in the massacre, and it improperly used an amnesty law which immunized them from prosecution.
Action Taken: The Commission declared that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 5, 8, and 25, of the American Convention on Human Rights.
EL SALVADOR: Manuel de Jesus Munguia Choto, Case 10.284, Inter-Am. C.H.R. 131, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the National Guard, having been told that Choto was a rebel, took Choto from a hospital before he had fully recovered and brought him to a National Guard post where later died of gunshot wounds. The National Guard told Choto's family that he had killed himself.
Action Taken: The Commission declared that the Government of El Salvador had failed to comply with Article 1, and violated Articles 4 and 5, of the American Convention on Human Rights.
EL SALVADOR: Julio Ernesto Fuentes Perez, Case 10. 277 and 10.333, Inter-Am. C.H.R. 110, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Salvadoran Air Force (FAS) abducted Perez, a 10-year-old boy. His family went to FAS headquarters where they were told that the boy was in custody. Later FAS denied having the child. Several days later, soldiers threw three bodies from a helicopter at 300 meters altitude. A body matching Perez's description was among them. His body had signs of torture and his head had been smashed.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: William Fernandez Rivera and Raquel Fernandez Rivera, Case 10.277 and 10.333, Inter-Am. C.H.R. 110, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Salvadoran Air Force abducted Rivera and his sister, Raquel Fernandez Rivera, from their home. The body of William Rivera was found the following day showing signs of torture.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Eliseo Cordova Aguilar, Case 10.211, Inter-Am. C.H.R. 105, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Three heavily armed men wearing hoods abducted Aguilar. The abductors were either Treasury Police or members of the National Guard. Aguilar's location is still unknown.
Action Taken: The Commission resolved that the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Jose Angel Alas Gomez, Case 10.190, Inter-Am. C.H.R. 99, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Members of the Atlacatl Battalion took Gomez from his home, brought him to Atlacatl headquarters, and then transferred him to the Santa Tecla National Police Headquarters. Police tortured Gomez for several days before releasing him. Two weeks later, the Treasury Police arrested Gomez. He was killed in police custody, his body showing signs of torture. The government asserted that Gomez died a natural death from cardiac arrest.
Action Taken: The Commission issued a report declaring that the Government of El Salvador failed to comply with Article 1, and violated Articles 4 and 5, of the American Convention on Human Rights.
EL SALVADOR: Jose Javier Santamaria Medina et al., Case 10.151, Inter-Am. C.H.R. 92, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: A group of armed men, some in civilian dress and others in army uniforms, abducted Jose Javier Santamaria Medina, a 16-year-old boy, Jose Luis Cornejo, and Angel de Jesus Santamaria Raymundo. Their tortured bodies were found the next day at a place called "La Puerta del Diablo," a site commonly used by death squads to dump the bodies of their victims. Witnesses recognized one abductor as a deserter from the Farabundo Marti National Liberation Front (the revolutionary front) and an army collaborator.
Action Taken: The Commission issued a report declaring that the Government of El Salvador failed to comply with Article 1, and violated Articles 4 and 5, of the American Convention on Human Rights.
EL SALVADOR: Francisco Hernandez Quintanilla et al., Case 10.103, Inter-Am. C.H.R. 86, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Soldiers of the First Infantry Brigade stationed at San Carlos base abducted Hernandez and Juan Armando Martinez. On the same day, COPREFA (Salvadoran Armed Service Press Committee) issued a press release claiming that the three men had been kidnapped by guerrillas. Witnesses stated that this press release was false. None of the three men has been seen since the kidnapping.
Action Taken: The Commission resolved the Government of El Salvador failed to comply with Article 1, and violated Articles 4, 7, and 25, of the American Convention on Human Rights.
EL SALVADOR: Pedro Jose Castro Alvarenga, Case 10.003, Inter-Am. C.H.R. 81, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Three heavily armed men in plain clothes entered Alvarenga's home, beat him, and abducted him in a pick-up truck with no license plates. Although witnesses later saw him at National Police Headquarters, police denied any knowledge of his whereabouts. Alvarenga has not been seen again and is presumed dead.
Action Taken: The Commission resolved the Government of El Salvador had violated Articles 1, 4, 7, and 25 of the American Convention on Human Rights.
EL SALVADOR: Jose Walter Chavez Palacios, Case 10.001, Inter-Am. C.H.R. 100, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: A group of 25 soldiers abducted Palacios, a 15-year-old student, from his home. He has only been seen twice since the abduction: once aboard a military truck accompanied by soldiers and once in a vehicle accompanied by the Treasury Police. A Treasury Police agent informed Palacio's grandmother that Palacio was with six other young men in the basement of a security unit. The Treasury Police and the First Infantry Brigade have since denied any knowledge of Palacio's whereabouts. He remains missing.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Wilfredo Najarro Vivas, Case 10.000, Inter-Am. C.H.R. 96, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: Soldiers abducted Vivas from his home. Witnesses later saw Vivas in the custody of the Treasury Police who have since denied any knowledge of his whereabouts. He remains missing.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Manuel Antonio Alfaro Carmona, Case 9999, Inter-Am. C.H.R. 93, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: Soldiers of the First Infantry Brigade abducted 15-year-old Carmona. Treasury Police and the First Infantry Brigade denied they were holding him. Carmona remains missing.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Nicolas Alfaro et al., Case 10.252, Inter-Am. C.H.R. 54, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1989) (Annual Report 1989-1990).
Complaint: Soldiers of Jiboa Battalion, Fifth Infantry Brigade, detained forty Salvadoran farm-workers, abusing them physically and psychologically. The soldiers later led the farm-workers to a school and summarily executed ten of them.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 1, 4, 5, 7, and 8 of the American Convention on Human Rights.
El SALVADOR: Arnaldo Cerrito et al., Case 10.201, Inter-Am. C.H.R. 47, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1989) (Annual Report 1989-1990).
Complaint: Heavily armed soldiers abducted Arnaldo Cerrito, Vicente Cerrito, and Arturo Navarro Garcia from their homes and shot them to death.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4, 5, 7, and 8 of the American Convention on Human Rights.
EL SALVADOR: Sebastian Gutierrez et al., Case 10.179, Inter-Am. C.H.R. 36, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1989) (Annual Report 1989-1990).
Complaint: Soldiers abducted Gutierrez, Jose Mario Cruz Rivera, and Felix Rivera. The soldiers tortured them with fire and mutilated their bodies. Jose Mario Cruz and Felix Rivera were killed while Gutierrez remains missing.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4, 5, and 7 of the American Convention on Human Rights.
EL SALVADOR: Felipe Bernal Martinez et al., Case 9811, Inter-Am. C.H.R. 31, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1989) (Annual Report 1989-1990).
Complaint: Soldiers abducted Martinez and his two brothers, Julian and Domingo. All of them were found dead with their throats cut. Domingo's tongue had been cut out. The commandant at the Civil Defense Headquarters asserted that they had been executed because they were accused of collaboration with the guerrillas.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4, 5, and 7 of the American Convention on Human Rights.
EL SALVADOR: Miguel Angel Ramos Ayala, Case 9810, Inter-Am. C.H.R. 27, OEA/ser. L/V/II.77, doc. 7 rev. 1 (1989) (Annual Report 1989-1990).
Complaint: Soldiers seized Ayala in his home when they recognized him as a former political prisoner. The soldiers bound him and subjected him to threats, blows, and torture. They denied his wife the opportunity to speak with him. Witnesses heard shots that evening and later a soldier wearing Ayala's hat went to Ayala's house to ask his wife for tortillas. Ayala is presumed to have been murdered.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4, 5, and 7 of the American Convention on Human Rights.
EL SALVADOR: Miguel Angel Rivas Hernandez, Case 9844, Inter-Am. C.H.R. 140, OEA/ser. L/V/II.74, doc. 10 rev. 1 (1988) (Annual Report 1987-1988).
Complaint: Hernandez, a high school student, was kidnapped. Information surfaced that he was being held prisoner at Ilopango Air Force Base and later at the National Guard facilities. The police and armed forces deny that they have Hernandez in custody.
Action Taken: The Commission resolved that the Government of El Salvador had violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Wilfredo Loyola et al., Case 6724, Inter-Am. C.H.R. 79, OEA/ser. L/V/II.66, doc. 10 rev. 1 (1985) (Annual Report 1984-1985).
Complaint: The Salvadoran Armed Forces invaded the community of Cinquera capturing Wilfredo Loyola, Isabel Avalos, and Guadalupe Monge alive. Their bodies were found after the invasion.
Action Taken: The Commission found that the Government of El Salvador had violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Roberto Castellanos Brana and Anette Mathiessen, Case 6095, Inter-Am. C.H.R. 77, OEA/ser. L/V/II.66, doc. 10 rev. 1 (1985) (Annual Report 1984-1985).
Complaint: Professor Brana and his wife, Anette Mathiessen, were abducted by the National Police. Their bodies were later found in an open grave.
Action Taken: The Commission resolved that the El Salvadoran government had violated Articles 4 and 5 of the American Convention on Human Rights. In response to the government's objections to the provisions of the resolution, the Commission reaffirmed and reiterated the resolution.
EL SALVADOR: Ita Ford et al., Case 7575, Inter-Am. C.H.R. 53, OEA/ser. L/V/II.61, doc. 22 rev. 1 (1983) (Annual Report 1982-1983).
Complaint: Salvadoran authorities detained four women from the United States (three nuns and a social worker) while the women were returning from the airport to La Libertad. Local residents found the Americans' van burned and their bodies buried nearby. The women had been raped, tortured, and murdered.
Action Taken: The Commission found that the Government of El Salvador had violated Articles 1, 4, 5, and 11 of the American Convention on Human Rights.
EL SALVADOR: Aida Escobar and Felix Rivera, Case 6720, Inter-Am. C.H.R. 40, OEA/ser. L/V/II.63, doc. 10 (1983) (Annual Report 1983-1984).
Complaint: 17-year-old Aida Escobar and 23-years-old Felix Rivera were captured and murdered by the National Guard.
Action Taken: The Commission found that the El Salvadoran government violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Santos Gonzalez et al., Case 6719, Inter-Am. C.H.R. 38, OEA/ser. L/V/II.63, doc. 10 (1983) (Annual Report 1983-1984).
Complaint: Santos Gonzalez, Martin Gonzalez, and Victor Antonio Turcios, labor union port workers, and Narciso Antonio Cueva, a campesino, were captured and murdered by military forces who had laid siege to several rural villages.
Action Taken: The Commission declared that the El Salvadoran government had violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Pedro Gamez et al., Case 6718, Inter-Am. C.H.R. 37, OEA/ser. L/V/II.63, doc. 10 (1983) (Annual Report 1983-1984).
Complaint: Pedro Gamez, Pedro Lainez, Fidencio Velasquez, Demecio Recinos, Bonifacio Hernandez, Conrado Hernandez, and Francisco Leiva were murdered by military forces who had occupied and destroyed several rural villages. The soldiers, in addition to committing the murders, looted and burned the villages' houses.
Action Taken: The Commission declared that the Government of El Salvador violated Articles 4 and 7 of the American Convention on Human Rights.
EL SALVADOR: Antonia Guardado et al., Case 6717, Inter-Am. C.H.R. 35, OEA/ser. L/V/II.63, doc. 10 (1983) (Annual Report 1983-1984).
Complaint: Mrs. Antonia Guardado, her seven year-old daughter, Maria, Rafael Navarro, Berta Lidia Landuerdo, Luisa Abrego, and Abrego's baby were brutally murdered when military forces occupied and destroyed several rural villages. The soldiers set fire to the homes of the campesinos and degraded the murder victims' bodies.
Action Taken: The Commission declared that the Government of El Salvador had violated Articles 4 and 7 of the American Convention on Human Rights.
4. GUATEMALA: Hector Oqueli and Gilda Flores, Case 10.518, Inter-Am. C.H.R. 173, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Oqueli, a Salvadoran doctor, and Flores, a Guatemalan lawyer, were found dead after being abducted by heavily armed men. Flores had been driving Oqueli, who had been in the country less than 24 hours, to the airport at the time of their abduction.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4, 5, 7, 16, and 25, of the American Convention on Human Rights.
GUATEMALA: Danilo Sergio Alvarado Mejia and Rene Aroldo Leiva Cayax, Cases 10.111 and 10.112, Inter-Am. C.H.R. 162, OEA/ser. L/V/II.81, doc. 6 rev. 1 (1992) (Annual Report 1991).
Complaint: Mejia and Cayax, both members of the Western AEVO Student Association, were abducted, in two separate incidents, by plain-clothes members of the security forces driving cars with government plates. Both were found later dead. Mejia's body showed signs of torture.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4, 5, 7, and 25, of the American Convention on Human Rights.
GUATEMALA: Basilio Tuis Ramirez, Case 9995, Inter-Am. C.H.R. 189, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: A bullet fired by an unidentified man wounded Ramirez, a member of the Mutual Support Group. As volunteer firefighters transported Ramirez to a hospital, members of the security forces commandeered the ambulance and took it to a remote location. Ramirez has not been seen since and is presumed dead.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Martin Garcia Guzman and Tereso Garcia Guzman, Case 9960, Inter-Am. C.H.R. 152, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted the Guzman brothers. Neither has been seen since.
Action Taken: The Commission resolved that the Government of Guatemala had violated Articles 1, 4, and 7 of the American Convention on Human Rights.
GUATEMALA: Camilo Garcia Luis et al., Case 9858, Inter-Am. C.H.R. 105, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1991) (Annual Report 1990-1991).
Complaint: Heavily armed men seized Luis and drove him away in a truck. His wife, Marta Odilia Raxjal Sisimit, informed the police and the news media of the abduction. At police request, she went to the police station for questioning and was never seen alive again. The same day, a group of men driving a vehicle with tinted glass abducted Sisimit's mother, Maria Esteban Sisimit. Several days later, the bodies of all three were found on a highway.
Action Taken: The Commission resolved that the Government of Guatemala had violated Articles 4, 5, 7, and 25 of the American Convention n Human Rights.
GUATEMALA: Mario Lester Morales, Case 9992, Inter-Am. C.H.R. 185, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Crew members of a Guatemalan naval ship detained Morales, the owner of a salt mine. When he resisted, crew members shot and wounded him. They then took him to the Pacific Naval Base. Empty shell casings from a Galil rifle were found at the place of the event. He has been missing since this incident.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Pedro Lopez Gutierrez, Case 9991, Inter-Am. C.H.R. 181, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the military illegally detained Gutierrez in the early morning at his home. Gutierrez was a farm-worker who had organized a group of farmers to apply to the government for land. He has not been seen since the abduction.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Isabel Ajcalon, Case 9989, Inter-Am. C.H.R. 178, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the military carrying heavy caliber weapons raided the home of Isabel Ajcalon, a 62-year-old farm worker, and abducted her. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Pascual Saon and Mario Chingo, Case 9988, Inter-Am. C.H.R. 175, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Heavily armed security forces entered a bar, threatened the customers, and abducted Saon, Chingo, and two other unidentified young men. They have not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Ileana Lopez Rivera and Andres Espinoza Lopez, Case 9983, Inter-Am. C.H.R. 171, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Rivera, 25, and Lopez, 11, as they left their home. Neither has been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Susana Ramos Grijalba, Case 9968, Inter-Am. C.H.R. 168, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Grijalba from her house. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Irma Yolanda Gudiel Pineda, Case 9967, Inter-Am C.H.R. 165, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Pineda, 22. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Rony Huber Reyes Cifuentes, Case 9964, Inter-Am. C.H.R. 162, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Cifuentes. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Guillermo Alfredo Molina Ambrosio, Case 9963, Inter-Am. C.H.R. 159, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Ambrosio. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Jose Maria Garcia Portillo, Case 9961, Inter-Am. C.H.R. 156, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Portillo, the mayor of Chiquimula, as he rode in his vehicle to Guatemala City. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Francisco Meza and Hugo Erick Gomez, Case 9956, Inter-Am. C.H.R. 149, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Meza, a transport worker, and his son, Gomez, at the departmental seat of Chimaltenango. Neither has been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Jorge Herrera, Case 9955, Inter-Am. C.H.R. 145, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Herrera, a law student, as he returned from Amatitlan with his family. The soldiers kidnapped him in a Ford Bronco automobile. He has not been seen since. Herrera had been the advisor to several trade union organizations and a teacher at a trade union training school. Other members of his family have also disappeared.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Marta Judith Chiric Ortiz, Case 9948, Inter-Am. C.H.R. 142, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Ortiz, 15, as she was walking with her father. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Nicolas Agustin Cruz, Case 9946, Inter-Am C.H.R. 139, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Cruz from his house. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Laura Elizabeth del Cid, Case 9936, Inter-Am. C.H.R. 136, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted del Cid, age 12, as she was riding with her family in a vehicle. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Maria Elena Rodas Orellana, Case 9935, Inter-Am. C.H.R. 133, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Orellana, a 20-year-old industrial engineering student, outside of the University of San Carlos. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Samuel Rolando Melgar Flores, Case 9933, Inter-Am. C.H.R. 130, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Flores, an accountant, as he was leaving his house.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Waldemar Duarte Fernandez, Case 9932, Inter-Am. C.H.R. 127, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Fernandez while he was hunting with two friends. His friends were released, but Fernandez has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Maria Tzampop, Case 9926, Inter-Am. C.H.R. 124, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces raided Tzampop's house and abducted her. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Marco Cax Garcia, Case 9925, Inter-Am. C.H.R. 121, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces raided Garcia's house and abducted him. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Sandra Zamora Lopez, Case 9922, Inter-Am. C.H.R. 118, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted Lopez. She has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: Leady Giron Ruano, Case 9918, Inter-Am. C.H.R. 114, OEA/ser. L/V/II.79, doc. 12 rev. 1 (1990) (Annual Report 1990-1991).
Complaint: Members of the security forces abducted 17-year-old Ruano. He has not been seen since.
Action Taken: The Commission resolved that the Government of Guatemala failed to comply with Article 1, and violated Articles 4 and 7, of the American Convention on Human Rights.
GUATEMALA: (Special Case), Inter-Am. C.H.R. 37, OEA/ser. L/V/II.68, doc. 8 rev. 1 (1986) (Annual Report 1985-1986).
Background: Over several years, the Commission received a sizable number of reports of government-sponsored kidnappings and murders in Guatemala.
Action Taken: The Commission resolved that the Government of Guatemala had violated Articles 4, 5, 7, and 8 of the American Convention on Human Rights.
GUATEMALA: Marcelino Marroquin et al., Cases 8094, 9038 and 9080, Inter-Am. C.H.R. 8