Precautionary Measures

PM 319/09 – League of Displaced Women, Colombia (November 18,  2009)

On November 18, 2009, the IACHR granted precautionary measures for Doris Berrio Palomino and her family, in Colombia. The request for precautionary measures alleges that on August 31, 2009, Jair Pantoja Berrio, Doris Berrio Palomino's son and the founder of the Youth League of the League of Displaced Women (LMD), was killed in Cartagena. The request indicates that the murder took place even though the family of Doris Berrio Palomino has security measures in place provided by the State of Colombia. It adds that the Constitutional Court on three occasions had pronounced itself on the situation of risk faced by members of the LMD and that members of the League had informed the Ministry of the Interior about the inadequacy of the security measures, but it alleges that the Colombian State had not acted with diligence to ensure that the security schemes were effective. The request indicates as well that in 2009, various leaders of nongovernmental organizations that work to protect the rights of the displaced population in Cartagena had allegedly been killed and that beginning in March 2001, members of the LMD were victims of acts of violence and threats, allegedly perpetrated by armed groups operating outside of the law. The Commission asked the government of Colombia to adopt the measures necessary to guarantee the life and physical integrity of Doris Berrio Palomino and her family, and to report on the actions taken to judicially clarify the facts that warrant the adoption of precautionary measures.

MC 276/09 – R.S., A.B. and others, Haiti (October 14, 2009)

On October 14, 2009, the IACHR granted precautionary measures for R.S. and her 12-year old child, A.B., as well as five members of a human rights organization in Haiti, whose identity is kept under seal at the request of the applicants. The request seeking precautionary measures alleges that A.B. was raped in January 2009 by a school employee, and that A.B. and her mother are being subjected to threats and violent acts as a result of the complaints they filed. On their part, the five members of the human rights organization mentioned above have also been subjected to telephone threats and harassment in the last few months, as a result of the psychological and legal support offered to A.B and her mother. It is also alleged that on April 25, 2009, R.S.’s residence was set on fire by heavily armed individuals. According to the petitioners, the acts of violence they are being subjected to have been conducted by a local police officer, who allegedly is the brother of the professor they accuse of having raped A.B. The Inter-American Commission asked the State of Haiti to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and inform the IACHR about actions taken to investigate through the Judiciary the facts that led to the adoption of precautionary measures.

MC 270/09 – X and XX, Colombia (September 21, 2009)

On September 21, 2009, the IACHR granted precautionary measures for two individuals in Colombia whose identity the IACHR decided to withhold. The request for precautionary measures alleges that X and her 15-year-old daughter XX had been followed and subject to physical aggressions, threats, and a kidnapping attempt after they reported the sexual violation of XX, which allegedly occurred in December 2006. The request also indicates that XX showed after-effects of having been sexually violated and having carried a high-risk pregnancy. The request alleges that the adolescent's physical and mental health had deteriorated in recent months as a result of the acts of violence to which her immediate family had been victim and due to the alleged absence of adequate medical treatment. The Inter-American Commission asked the State of Colombia to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries; guarantee that XX can have proper medical treatment for the effects of having been sexually violated and having carried a pregnancy under allegedly risk circumstances; reach agreement with the beneficiaries and their representative on the measures to be adopted; inform the IACHR within a 20-day period about any actions taken to investigate the facts that led to the adoption of the precautionary measures and update the information periodically; and adopt all necessary measures so that the beneficiaries' identity is duly protected in the implementation of the precautionary measures.

MC 192/09 – Lydia Cacho and others, Mexico (August 10,  2009)

On August 10, 2009, the IACHR granted precautionary measures for Ms. Lydia Cacho, her family and employees of the Integral Center for the Attention of Women (CIAM) of Cancun, Mexico. The request seeking precautionary measures alleges that between July 17 and 30, 2009, strangers had been around her residence and had taken pictures, and that on August 5, 2009, Ms. Cacho received death threats. It adds that CIAM employees have recently received death threats and that Lydia Cacho had refrained from adding comments to her personal blog due to the threats received through it. The Inter-American Commission asked the State of Mexico to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to inform the IACHR about actions taken to investigate the facts that led to the adoption of precautionary measures.

MC 5/09 – X, Haiti (April 17,  2009)

On April 17, 2009, the IACHR granted precautionary measures for six persons in Haiti, whose identity is kept under seal at the request of the applicants. The request seeking precautionary measures alleges that these persons have been targets of threats and assaults on the part of State security agents since 2008. It is also alleged that the father of one of the beneficiaries of these measures was killed on March 28, 2009. The Inter-American Commission asked the State of Haiti to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and inform the IACHR about actions taken to investigate through the Judiciary the facts that led to the adoption of precautionary measures.

MC 210/08 - Marlon Cardoza and other members of the Asociación CEPRES, Honduras (August 27, 2008)

On August 27, 2008, the IACHR granted a request for precautionary measures for Marlon Cardoza, Dennis Castillo and Josué Hernández Cardona, members of the Asociación Centro de Educación y Prevención en Salud, Sexualidad y Sida (CEPRES) [Center for Education in Health, Sexuality and AIDS Prevention Association].  The request for precautionary measures alleged that Messrs. Cardoza, Castillo and Hernández Cardona were the targets of threats and harassment.  It also alleged that on June 10, 2008, Martín Girón, a founding member of the organization, was murdered.  It also asserted that during that year, 27 persons from Honduras’ lesbian, gay, bisexual and transgender community had been murdered.  The Commission asked the Honduran state to guarantee the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the events that warrant enforcement of precautionary measures.  The Commission continues to monitor the situation.

MC 141/08 - Yolanda María Velásquez Osorio, her family, the Corporación Social, and the Asociación de Mujeres por la Equidad y el Género Semillas de Paz [Association of Women for Gender Equity, Seeds of Peace], Colombia (June 19, 2008)

On June 19, 2008, the IACHR granted precautionary measures for Yolanda María Velásquez Osorio, her family, members of the Corporación Social and members of the Asociación de Mujeres por la Equidad y el Género Semillas de Paz [Association of Women for Gender Equity, Seeds of Peace]. The request seeking precautionary measures alleges that Mrs. Velásquez Osorio was the victim of death threats and kidnapping attempts and that members of the “Semillas de Paz” organization had been victims of violence, harassment and threats.  The Commission asked the Colombian State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the facts that prompted the adoption of precautionary measures.  The Commission continues to monitor the situation.

MC 147/08 - Luz Estela Castro Rodríguez et al, Mexico (June 13, 2008)

On June 13, 2008, the IACHR granted the request seeking precautionary measures for Marisela Ortiz Rivera, María Luisa García Andrade, Karla Michell and David Peña, members of the organization called  “Nuestras Hijas de Regreso a Casa” [Our Daughters Home Again], for Luz Estela Castro Rodríguez, Alma Gómez Caballero, Rossina Urgana Barri, Gabino Gómez Escárcega, Adriana Carmona López, Minerva Maesse, Monserrat González, Irma Villanueva, Flor Gómez, Alberto Rodríguez, Beatriz Gómez, Consuelo Ramos, Ema Martínez, Flor Gómez, Imelda Ruiz, Inti Gómez, Ivonne Gómez, José A. Hernández, Karim Rivera, Laura Aragón, Leonilla Gómez, Luz María Reyes, María de la Luz Nájera, Manuel E. Gómez, María Elena Estevané, Pablo E. Gómez, Rosa Ema Carmona, Norma Ledezma, Silvia Madrigal, Verónica Nava, Yolanda Gómez and Zoila Espino, all members of the “Centro de Derechos Humanos de la Mujer” [Women’s Human Rights Center] and for their immediate families.  On June 9, 2008, the Commission received a communication from the Permanent Mission of Mexico to the OAS in which the Mexican State reports that a number of human rights organizations are concerned over threats made against those on whose behalf they work and asks the Commission to consider implementation of precautionary measures.  In response, the Commission granted precautionary measures with a view to guaranteeing the lives and physical integrity of the beneficiaries and asked the State to report the measures taken to shed light on the facts.  The Commission continues to monitor the situation.

MC 265/07 - MAA and her daughters, Mexico (February 12,  2008)

On February 12, 2008, the IACHR granted the request for precautionary measures for MAA and her three daughters, whose identities are being kept confidential because of their age and the nature of the allegations made.  The request seeking precautionary measures alleges that one of the girls had been the victim of a number of acts involving sexual abuse.  The request states that when the problems were reported to the competent authorities, the girl was allegedly abducted between August 28 and 29, 2007, and that the family had allegedly been the target of harassment to get them to withdraw their complaint. On December 19, 2007, the Commission asked the State to provide information on the situation.  After considering the additional information supplied by both parties, the Commission decided to ask the Mexican state to take the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report what measures have been taken to conduct a judicial inquiry into the facts in this case that warrant enforcement of precautionary measures.  The Commission continues to monitor the situation.

María Juárez, Guatemala (October 27, 2007)

On October 26, 2007, the IACHR ordered precautionary measures in favor of Maria Juarez, a functionary of the Survivors Foundation, which is dedicated to bringing juridical and psychological assistance to women victims of violence in Guatemala. The available information indicates that the beneficiary received threats and harassment due to her activities with the Survivors Foundation. The information indicates that such threats occurred more frequently after the organization began investigating the disappearance of children in Chiquimula Department and in the Capital. The applicants alleged that the Public Ministry had not responded to complaints regarding the threats. The Commission requested that the State of Guatemala adopt the measures necessary to guarantee the life and physical integrity of Maria Juarez and report on the measures adopted with the goal of judicially clarifying the facts that justified the adoption of precautionary measures. The Commission continues to follow the beneficiary’s situation.

X et al, Mexico (September 4,  2007)

On September 4, 2007, the IACHR granted precautionary measures in favor of Ms. X, her husband and her children in the State of Guerrero, Mexico. The applicants of the measures indicated that on March 22, 2002, Ms. X was raped, allegedly by members of the Mexican Army, allegations which are currently under consideration by the Inter-American Commission via a petition connected with the precautionary measures. The petition indicates that the beneficiaries have been victims of aggression, threats and stalking after reporting the rape of Ms. X. Additionally, the petition alleges that on August 8, 2007, the beneficiaries requested personal protection from the General Justice Prosecutor’s Office but did not receive a response. In view of above, the Commission requested that the Mexican State adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries and report on the actions adopted with the goal of judicially clarifying the facts that justified the adoption of precautionary measures. The Commission continues to follow the beneficiaries’ situation.

Juana Méndez Rodríguez et al,  Guatemala (June 25,  2007)

On June 25, 2007, the IACHR granted precautionary measures in favor of Ms. Juana Méndez Rodríguez, her husband Mónico Reyes, and their children Antonio, Santos Anibal, Amelia Yolanda, Justiniano Froylan, Rodolfo Otoniel, Silvino Rolando, Elmer Rubén, Melvin Marino, María Telma, and Brenda Floridalma, all with the last names Reyes Méndez, as well as PNC agent Lázaro Dubón Cano and his family. The Commission’s decision was based on information according to which the beneficiaries received threats after Ms. Méndez Rodríguez filed a complaint alleging sexual abuse by agents of the National Civilian Police (PNC), some of whom were convicted. It is indicated that on April 23, 2007, the attorney who provides judicial assistance to Juana Méndez in the criminal proceeding was intercepted, assaulted, and threatened by hooded men. Agent Dubón Cano is a key witness in the criminal and disciplinary proceedings pending against members of the PNC with respect to the rape of Ms. Méndez Rodríguez. The Commission asked the Guatemalan State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiaries’ situation.

X,   Colombia (May 2,  2007)

On May 2, 2007, the IACHR granted precautionary measures in favor of Ms. X, whose identity has been kept under seal at the request of the applicants. The information available indicates that the beneficiary received several death threats by telephone after denouncing that she had been raped by members of the Colombian Army.  In view of the information, the Commission asked the Colombian State to adopt the measures necessary to guarantee the life and physical integrity of the beneficiary, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the situation of the beneficiary.

María Bertha Echeverri and her family, Colombia (November 10,  2006)

On November 10, 2006, the IACHR granted precautionary measures in favor of Mrs. María Bertha Echeverri, her sons César Augusto Pardo Echeverri, Claudia Patricia Pardo Echeverri, Héctor Hernán Pardo Echeverri, Santiago Pardo Echeverri, and her grandchildren Yojan Alejandro Pardo Echeverri, Brayan Camilo Pardo Sánchez, and Salomé Álvarez Pardo, in the Republic of Colombia. The information available states that María Bertha Echeverri and her family are in danger following the murder of her son Juan Guillermo Pardo Echeverri, a young man who was recruited by illegal groups in the 13th Commune of Medellín under threat of harm to his family. Mrs. María Bertha Echeverri has taken systematic action to denounce the death of her son in order that the events are judicially investigated which has aggravated the safety of her own situation. In view of this, the Commission requested that the Government of Colombia adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on the action taken to investigate judicially the events that gave rise to the precautionary measures. The Commission is monitoring the beneficiaries’ situation.

Mery Naranjo Jiménez and her family and Socorro Mosquera Londoño (Comuna 13), Colombia (October 22,  2004)

On October 22, 2004, the IACHR adopted precautionary measures in favor of Mery Naranjo Jiménez and her family and Socorro Mosquera Londoño, members of the Community Action Board (Junta de Acción Comunal) of the Independencias III district of Commune 13 of the city of Medellín.  Available information indicates that on October 7, 2004, Ms. Mery Naranjo witnessed the murder of Ana Teresa Yarce, prosecutor of the same Community Action Board to which she belongs, after which she had to leave her home for security reasons.  A few days later, unknown persons approached her daughter to intimidate her.  In view of the situation of the beneficiaries and the context of violence and intimidation against the social leaders of Commune 13 of Medellín by paramilitary groups, the Commission requested the Colombian Government to adopt the measures necessary to guarantee the lives and physical integrity of Mery Naranjo Jiménez, Alba Mery Naranjo, Sandra Janneth Naranjo, Alejandro Naranjo, Juan David Naranjo, and Socorro Mosquera Londoño and to report on the actions adopted to clarify and put an end to the threats justifying the adoption of the precautionary measures.  The Commission continues to monitor the situation of the protected persons.

Mariana Epinayú, Carmen Cuadrado Fincé, Débora Barros, and Karmen Ramírez, Colombia (September 23,  2004)

On September 23, 2004, the IACHR granted precautionary measures in favor of Mariana Epinayú, Carmen Cuadrado Fincé, Débora Barros, and Karmen Ramírez, women leaders of the Wayúu indigenous people in the Department of La Guajira.  Available information indicates that during the past three years, the Wayúu indigenous community has sustained acts of violence by paramilitary groups led by “Jorge 40,” with the collaboration or acquiescence of State agents.  The petitioners claim that some of the so-called “leaders” (spokeswomen for Wayúu families with national and international entities) have been the target of threats against their life and personal safety as a result of their reports.  Among them are Mariana Epinayú, Carmen Cuadrado Fince, Débora Barros Fince, and Karmen Ramírez Boscán, leaders and relatives of indigenous men who were murdered or missing as a result of a massacre perpetrated on April 18, 2004, who have been the target of threats and harassment.  In view of the situation of the beneficiaries, the Commission requested the Colombian Government to adopt the necessary measures to guarantee the life and physical integrity of Mariana Epinayú, Carmen Cuadrado Fincé, Débora Barros, and Karmen Ramírez; and to report on the actions adopted to put an end to the situation justifying the adoption of precautionary measures, including judicial proceedings that might be relevant.  On November 16, 2004, the IACHR extended the precautionary measures to include Roland Fince Uriana, Ana Julia Fince Uriana, Telemina Barros Cuadrado, José Miguel Barros Fince, and Katty Fince Uriana.  The Commission continues to monitor the situation of the protected persons.

Elkyn Johalby Suárez Mejía (Comunidad Gay Sampedrana), Honduras (September 4, 2003)

On September 4, 2003, the Commission granted precautionary measures on behalf of Elkyn Johalby Suárez Mejía, a member of the organization Comunidad Gay Sampedrana (Gay Community of San Pedro). The information available indicates that members of this gay community have been subject to constant harassment and violence, including approximately 14 murders from June to September 2003. In that context, he has received death threats aimed at dissuading him from giving testimony against two members of the police involved in the death of Erick David Yáñez, another member of the community, 19 years of age, on July 15, 2003 in San Pedro Sula. While he was assigned official protection at the request of the Office of the Attorney General, on August 23, 2003, the court of San Pedro Sula lifted the protective measures. In view of the risk to which the beneficiary is exposed, the IACHR asked the Honduran State to adopt the measures needed to protect the life and personal integrity of Elkyn Suárez and to include him in a witness protection program. On December 29, 2003, in view of additional information on the security situation of other members of the community, the IACHR expanded the precautionary measures to include Raúl Coto, Oscar Carrión, Ramón Valladares, and Oscar Orellana.

Ikbal Iskander and her daughter Gina Aziez, Canada (February 19, 2002)

On February 19, 2002 the Commission granted precautionary measures to stay the deportation of Ikbal Iskander, a citizen of both Sudan and Egypt, and her four year old daughter, Gina Aziez, a Canadian citizen.  Ms. Iskander's deportation from Canada to Egypt was scheduled for Friday, February 22, 2002.Ms. Iskander sought refuge in Canada and claimed that she fled religious and gender persecution and also an abusive spouse in Egypt.  She claimed to have no knowledge of the whereabouts of her husband and her non­Canadian children.  Her husband is Islamic and she converted from Islam to Coptic Christianity and claims that she would be considered an apostate if deported to Egypt, a predominantly Islamic state. She fears that physical harm would come to her if deported. Her claim for refugee status was denied, as was her application for leave and for judicial review. The Commission noted that Ms. Iskander still had domestic remedies to exhaust and if she were deported those remedies would be rendered moot. The Commission requested that the deportation be stayed and that information on the measures taken by the Government to stay the deportation be presented to the Commission within ten days.At the expiration of ten days, no information was presented with regard to the request for precautionary measures. On July 30, 2002 however, the Commission received information from the State indicating that Ms. Iskander had not been deported. Further information was submitted informally to the effect that on February 21, 2002 the Federal Court of Canada-Trial Division granted the stay of execution of Ms. Iskander's deportation.No further information has been communicated from either party.

Popular Women Organization  of Barrancabermeja, Colombia (May 30, 2000)

On May 26, 2000, the Commission granted precautionary measures for steps to be taken to protect the life and physical integrity of the members of the Organización Femenina Popular headquarted in Barrancabermeja. According to the available ifnoramtión, on May 22, 2000 a paramilitary group went to the headquarters of the Casa de la Mujer of Puerto Wilches and threatened the life of its coordinator, Flor María Cañas. The Organización Femenina Popular, together with members of Peace Brigades International, lodged a complaint with the corresponding authorities, after which the paramilitary group sent a message saying they know the international presence will not last forever and that the women will remain in the town [and] will therefore “suffer the consequences.” Following the State’s reply, the parties continued to present information and observations on these precautionary measures.

Brenda Mayol, her sons, Oscar René, Igor Alfonso y Rembrant Carlos Trujillo Mayol and her fellow worker Vidal Días, René Días, Rosa Xinico and Thelma López, Guatemala (July 30, 1996)

On July 30, 1996, the Commission requested the State of Guatemala to take urgent precautionary measures to protect the life and personal integrity of Brenda Mayol, her sons, Oscar René, Igor Alfonso and Rembrant Carlos Trujillo Mayol and her fellow workers Vidal Días, Rene Días, Rosa Zinico and Thelma López.  These persons were working in the legal office IXCHEL, which defends human rights, the environment, women and children in Peten and as a result of their work had been the object of constant harassment and threats.  The State of Guatemala responded on September 12, 1996, indicating the measures it was taking to protect the lives and physical integrity of the persons indicated.