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Inter-American Court will hold its 130th Period of Regular Sessions
- Public hearings on contentious cases
The Court will hold the following public hearings:
- Case of Ruiz Fuentes v. Guatemala
March 5, from 15:00 to 18:00 and March 6, from 09:00 to 13:00.
The case relates with the State’s international responsibility for due process violations committed in the context of criminal proceedings initiated against the alleged victim –accused of committing the crime of kidnapping– that ended with the imposition of the death penalty. It also relates to the alleged acts of torture committed at the time the allege victim was detained, as well as to his extrajudicial execution once he allegedly escaped from prison in 2005.
You can find more about the case here (available only in Spanish) and access the decision calling for a hearing here (available only in Spanish).
- Case of Valenzuela Ávila et al v. Guatemala
March 7, from 09:00 to 18:00.
The case relates to an alleged series of violations of due process committed in the framework of the criminal proceedings in which the Mr. Tirso Román Valenzuela Ávila was tried for murder, a process that led to him being sentenced to death. It also deals with acts of torture allegedly perpetrated against Mr. Valenzuela Ávila when he was arrested, after he was recaptured following his first escape from prison in June 1998, and again after he was recaptured following a second escape from prison in June 2001. The case also deals with Mr. Valenzuela Ávila’s extrajudicial execution following a third escape, in 2005.
The Inter-American Commission on Human Rights states that the State presumably violated the victim’s right to life, personal integrity, judicial guarantees, principle of legality and judicial protection. Additionally, the Commission considers that the Guatemalan State is also responsible for the violation of the victim’s relatives’ right to personal integrity, judicial guarantees and judicial protection.
You can find more about the case here (available only in Spanish) and access the decision calling for a hearing here (available only in Spanish).
- Case of Rodríguez Revolorio et al. v. Guatemala
March 8, from 09:00 to 13:00.
The case relates to an alleged series of violations of due process presumably committed in the context of criminal proceedings against Miguel Ángel Rodríguez Revolorio, Miguel Ángel López Calo and Aníbal Archila Pérez for the crime of murder and attempted murder of members of Patrol 603 of the Guatemalan National Police. The victims were sentenced to death by the Fourth Criminal Court on May 23, 1996.
You can find more about the case here (available only in Spanish) and access the decision calling for a hearing here (available only in Spanish).
- Case of López et al. v. Argentina1
March 12, from 15:00 to 18:00 and March 13, from 09:00 to 13:00.
The case relates to the alleged violation of the rights to humane treatment and respect for dignity, that punishment should be aimed at reinsertion into society, to not suffering arbitrary interference in family life, and to protection of the family, to the detriment of Néstor Rolando López, Miguel Ángel Gonzalez Mendoza, Jose Heriberto Muñoz Zabala and Hugo Alberto Blanco. According to the Inter-American Commission on Human Rights, the presumed victims were convicted of crimes in the province of Neuquén and, after being deprived of liberty in that province, were transferred to other federal detention centers located between 800 and 2,000 kilometers from their circle of family and friends, from the judges in charge of enforcing the sentences and, in some cases, from their defense counsel.
You can find more about the case here (available only in Spanish) and access the decision calling for a hearing here (available only in Spanish).
- Case of the Indigenous Communities of the Lhaka Honhat Association v. Argentina2
March 14, from 09:00 to 18:00 and March 15, from 8:30 to 13:00.
The case relates to the alleged violation of the right to property of the indigenous communities of the Lhaka Honhat (Our Land) Association owing to the alleged lack of effective access to the title deeds to their ancestral territory. The Inter-American Commission on Human Rights determined that the State had violated the right to property because, presumably, it had abstained from implementing the legally recognized rights of these communities. On this point, the Commission alleged that the State had thwarted their legitimate expectation that the provincial authorities would honor their commitments and allow the indigenous communities to access a collective property title. It also concluded that the State had violated the right to judicial guarantees and judicial protection owing to the inexistence of an effective procedure to access the ownership of their ancestral territory, and to the successive changes, on at least six occasions, in the administrative procedure applicable to indigenous territorial claims. The case also relates to the presumed disregard for the right to property of the indigenous communities, and their right of access to information, and to participate in matters that could affect them, because the State had carried out public works and had granted concessions for oil and gas exploration in the indigenous ancestral territory without complying with the requirements for authorizing expropriation procedures, ensuring that there was no impact on the subsistence of the indigenous community; conducting prior, free and informed consultations, and social and environmental impact assessments, and ensuring that the indigenous communities participated in the benefits derived from the concessions granted. Lastly, the Commission determined that the State had violated the right to property of the indigenous communities by presumably failing to take effective actions to control the deforestation of the indigenous territory by illegal loggers.
You can find more about the case here (available only in Spanish) and access the decision calling for a hearing here (available only in Spanish).
- Public hearings on monitoring compliance with judgments
- Case of Molina Theissen v. Guatemala
March 11, from 9:00 to 10:30.
The purpose of the hearing is to receive updated information of the State of Guatemala regarding the pending compliance of the measures of reparations ordered in the present case. In particular, the State was ordered to make a reference to the victims’ representatives’ allegations as regards the possible amendment of the National Reconciliation Law and its impact on the measures of reparation concerning the duty to investigate the facts of the present case. Specifically, the following measures of reparation will be monitored: the obligation to find and deliver the mortal remains of Marco Antonio Molina Theissen to his next of kin; to effectively investigate the facts of the instant case, with the aim of identifying, trying, and punishing the direct perpetrators and masterminds of the forced disappearance of Marco Antonio Molina Theissen, and the results of this process must be made known to the public; to establish an expedite procedure to obtain declaration of absence and presumption of death due to forced disappearance, and to adopt such legislative, administrative, or other measures as may be necessary to establish a genetic information system. Additionally, the purpose of the hearing it to listen to the victim’s representative’s observations and the opinion of the Inter-American Commission.
You can find out more about the case here (Available only in Spanish).
- Case of Acosta et al. v. Nicaragua
March 11, from 11:00 to 12:30.
The purpose of the hearing is to receive updated information of the State of Nicaragua regarding the pending compliance of the measures of reparations ordered in the present case regarding the investigation of facts and the implementation of investigation and protection mechanisms against assaults directed against human rights defenders. Additionally, the purpose of the hearing is to listen to the victim’s representative’s observations and the opinion of the Inter-American Commission. You can find out more about the case here (Available only in Spanish).
- Judgments
The Court will deliberate the following contentious cases:
- Case of Muelle Flores v. Peru
The case relates to the presumed violation of the right effective judicial protection as a result of the supposed failure to comply, for 24 years, with a court judgement in favor of Mr. Muelle Flores in the context of an amparo decision ordering his reincorporation into the pension regime under Decree Law No. 20530. It is alleged that the Peruvian authorities had failed to comply with the court judgment in favor of Mr. Muelle and that the judicial mechanisms used subsequently in order to achieve compliance had been ineffective.
- Oversight of compliance with judgments, provisional measures, collaboration agreements and administrative matters
Additionally, the Court will supervise the compliance of several judgments and the implementation of the ordered provisional measures as well as analyses administrative matters. The Court will also sign several collaboration agreements with public entities and universities.
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1 Judge Raúl Zaffaroni, of Argentine nationality, will not participate in the deliberation and adoption of this judgment, in accordance with Article 19.1 of the Rules of the Court.
2 Ídem
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The Court’s composition during this period of sessions will be as follows: Judge Eduardo Ferrer Mac-Gregor Poisot, President (Mexico); Judge Eduardo Vio Grossi, Vice-President (Chile); Judge Humberto Antonio Sierra Porto (Colombia); Judge Elizabeth Odio Benito (Costa Rica); Judge Eugenio Raúl Zaffaroni (Argentina); Judge Patricio Pazmiño Freire (Ecuador) and Judge Ricardo Pérez Manrique (Uruguay).
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This release was produced by the Secretariat of the Inter-American Court of Human Rights, which has the sole responsibility to do so.For the latest information please visit the website of the Inter-American Court, http://www.corteidh.or.cr or send an email to Pablo Saavedra Alessandri, Secretary, at corteidh@corteidh.or.cr.
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