Credit: IACtHR
The Inter-American Court of Human Rights (IACtHR) convened its 107th regular session from January 26 to February 6, 2015 in San Jose, Costa Rica. The Court held hearings concerning five pending cases, provisional measures regarding Venezuelan prisons, and States’ compliance with four previous judgments. [IACtHR Press Release (Spanish)]
Public hearings were held on the following pending cases: Rural Community of Santa Barbara v. Peru, Galindo Cárdenas v. Peru, López Lone et al. v. Honduras, Kaliña and Lokono Peoples v. Suriname, and García Ibarra and Family v. Ecuador. These cases involve allegations of forced disappearance and arbitrary detention during Peru’s internal armed conflict, administrative punishment of judges who questioned the legality of the coup d’état in Honduras, indigenous land rights in Suriname, and the killing of an unarmed teenager by police in Ecuador, respectively.
Rural Community of Santa Barbara v. Peru
On January 26 and 27, the Inter-American Court heard arguments and testimony concerning the alleged forced disappearance of 15 people at the hands of the Peruvian armed forces in 1991. The victims included seven children, and their surviving family members argued that the Peruvian Army had blocked efforts to investigate the disapperances, for which no one has been convicted. See IACHR, Report No. 77/11, Case No. 10.932, “Santa Barbara” Campesino Community (Peru), 21 July 2011.
The Inter-American Commission on Human Rights issued its report on the admissibility and merits of the petition in 2011 and referred the case to the Court in 2013, after it concluded that the State was not taking action to remedy the violations of the American Convention on Human Rights. See IACHR, Letter of Submission to the Court, Case No. 10.932, Santa Barbara Campesino Community (Peru), 8 July 2013. The Commission had recommended, inter alia, that the State provide reparation to the next-of-kin, identify and return the victims’ remains, complete the domestic investigation and criminal proceedings, enhance the judiciary’s capacity to investigate and prosecute the case. See id.
Information about this case and videos of the public hearing are available on the Court’s Vimeo page.
Galindo Cárdenas v. Peru
On January 29, the Inter-American Court heard arguments and testimony in the case of Galindo Cárdenas v. Peru, in which a Peruvian judge alleged that he was arbitrarily detained and tortured by the Peruvian military for 31 days in 1994, in the context of Peru’s counter-terrorism crackdown of the 1980s and ‘90s. The Inter-American Commission found that Mr. Luis Antonio Galindo Cárdenas’ rights to due process, judicial protection, and humane treatment had been violated when he was taken into custody for the legitimate activity of providing legal representation to an accused terrorist, detained on a military base without judicial review, and subjected to solitary confinement.
The Commission admitted the petition in 2004 and then referred the case to the IACtHR in February of 2014 after Peru failed to investigate and remedy these violations. See IACHR, Report No. 14/04, Petition 11.568, Luis Antonio Galindo Cardenas (Peru), 27 February 2004.
Information about this case and videos of the public hearing are available on the Court’s Vimeo page.
López Lone et al. v. Honduras
On February 2 and 3, the Inter-American Court heard arguments and testimony in the case of López Lone v. Honduras, a case concerning disciplinary actions taken against judges who contradicted the public position of the Supreme Court of Justice, in the context of the coup d’état in Honduras in 2009. The Inter-American Commission found that the disciplinary proceedings used to punish actions or statements by members of the Association of Judges for Democracy describing President Zelaya’s ouster as a coup did not adhere to the principle of non-retroactivity and affected their rights to freedom of expression and association and their political rights. [IACHR Press Release]
The Commission admitted the petition in 2011, and referred the case to the Court in 2014 because Honduras failed to comply with the Commission’s recommendations that Honduras reinstate or compensate the judges who had been disciplined.
Information about this case and videos of the public hearing are available on the Court’s Vimeo page.
Kaliña and Lokono Peoples v. Suriname
On February 3 and 4, the Inter-American Court heard arguments and testimony in Kaliña and Lokono Peoples v. Suriname, a case concerning the alleged lack of legal recognition of indigenous peoples and corresponding failure to protect indigenous land rights. Eight communities of the Kaliña and Lokono indigenous peoples allege they have been unable to protect their right to collective property and that Suriname has granted land titles to non-indigenous people to develop mining operations and nature reserves on their ancestral lands.
The Inter-American Commission admitted the petition in 2007 and referred to the Court in 2014 after the Commission did not receive substantive information about the State’s concrete progress in implementing the Commission’s recommendations, which urged the State to adopt the necessary measures to recognize the Kaliña and Lokono people as legal persons, eliminate the legal measures that interfered with their right to property, and make efforts to protect their territories and rights.. [IACHR Press Release]
Information about this case and videos of the public hearing are available on the Court’s Vimeo page.
García Ibarra and Family v. Ecuador
On February 4 and 5, the Inter-American Commission heard arguments and testimony in the case of García Ibarra and Family v. Ecuador, which concerns the alleged extrajudicial execution of a juvenile. The petitioners alleged that Jose Luis García Ibarra, a sixteen-year-old boy, was shot by a police officer and arbitrarily deprived of life. The Commission found that Ecuador had violated Articles 4 (right to life) and 19 (children’s rights) of the American Convention on Human Rights.
The Commission published its report on the admissibility and merits in 2013. See IACHR, Report No. 33/13, Case 11/576, José Luís García Ibarra and Family, 10 July 2013. It referred the case to the Court later that year, after the State of Ecuador failed implement the Commission’s recommendations. The Commission had recommended that the State thoroughly and effectively investigate the violations, provide adequate reparations, and implement training programs and other mechanisms to prevent similar violations in the future. [IACHR Press Release]
Information about this case and videos of the public hearing are available on the Court’s Vimeo page.
Public Hearing on Provisional Measures
On February 6, the Inter-American Court held a hearing concerning the provisional measures ordered to protect detainees in Venezuelan prisons. [IACtHR Press Release (Spanish)] The Court reviewed the State’s practices in implementing and reporting on measures taken and listened to comments from the beneficiaries and the Commission. The latest resolution on these measures is from February 13, 2013. Information about these provisional measures and videos of the public hearing are available on the Court’s Vimeo page.
The Court also adopted orders concerning the following provisional measures: Helen Mack Chang et al. regarding Guatemala, Gloria Giralt de Garcia-Prieto et al. regarding El Salvador, and Giraldo Cardona regarding Colombia. [IACtHR Press Release (Spanish)]
Private Hearings on Cases in Compliance Stage
The Court held private hearings on February 5, 2015 regarding cases already decided on the merits. The Court heard detailed information from the Commission and victims’ representatives concerning implementation of the following judgments: Barrios Family v. Venezuela. Merits, Reparations and Costs. Judgment of November 24, 2011. Series C No. 237; Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations and Costs. Judgment of January 31, 2006. Series C No. 140; Furlan and Family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246; and Vélez Loor v. Panama. Preliminary Objections, Merits, Reparations, and Costs. Judgment of Noveber 23, 2010. Series C No. 218.
The Court also issued orders regarding State compliance with the following judgments: Luna López v. Honduras. Merits, Reparations and Costs. Judgment of October 10, 2013. Series C No. 269; Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 21, 2007. Series C No. 170; and Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”) v. Perú. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 1, 2009. Series C No. 198. [IACtHR Press Release (Spanish)]
Additional Information
The IACtHR’s 108th regular session will be April 13 to April 24, 2015. For more information on the Inter-American Commission or Court visit the Inter-American Human Rights System page of the IJRC Online Resource Hub.