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PRESS RELEASE

Nº 1/06

THE IACHR AND ITS RAPPORTEURHIP ON THE RIGHTS OF WOMEN WELCOME JAMAICA’S RATIFICATION OF THE CONVENTION OF BELÉM DO PARÁ

The Inter-American Commission on Human Rights (IACHR) and its Rapporteurship on the Rights of Women (Rapporteurship) welcome Jamaica’s ratification on December 15, 2005 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women, the “Convention of Belém do Pará”. Through this important initiative, Jamaica has reinforced the status of the Convention of Belém do Pará as the most widely ratified instrument in the inter-American human rights system, with thirty-two ratifications by Member States of the Organization of American States.

In this regard, the IACHR and its Rapporteurship have consistently urged Member States to strengthen their efforts to ensure the adequate protection of the rights of women and girls to live free from violence and discrimination and to effectively access justice. The Commission considers that ratification and implementation of the Convention of Belém do Pará constitute crucial elements in achieving this goal. By joining the treaty, Jamaica has contributed significantly to the advancement of the rights of women in our Hemisphere and to the universalization of the inter-American Human Rights system.

Washington, D.C., January 5, 2006

PRESS RELEASE

Nº 2/06

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS EXPRESSES CONCERN

OVER VIOLENCE IN HONDURAN PENITENTIARY

The Inter-American Commission on Human Rights expresses its concern over the violent events that took place in the National Penitentiary of Támara, Honduras, on January 5, 2006.

According to reports in the media, there was a violent clash among inmates, in which 13 people were killed and one seriously wounded. According to the press, the inmates used firearms, machetes, and other sharp instruments.

When the Special Rapporteur of the IACHR on the rights of persons deprived of their liberty, Commissioner Florentín Meléndez, visited several detention centers in Honduras in November 2004, including the Penitenciaría Nacional, he noted with concern the conditions in those centers. At that time, the Rapporteur observed overcrowding, the lack of adequate sanitary conditions, and a shortage of human and budgetary resources, as well as the absence of effective controls to prevent weapons being brought into the detention centers.

Under international law, the State is the guarantor of the rights of persons in its custody. Therefore, the Commission urges the HonduranState to take the necessary steps to safeguard the life and personal safety of the persons deprived of liberty in the prison system, as well as in the other detention centers in Honduras. In particular, the State must exercise control over force and discipline in the detention centers, as well as over the entrance and carrying of arms. Further, it must prevent such acts of violence and loss of human life from recurring in future by conducting the corresponding administrative and judicial inquiries.

Washington, D.C., January 6, 2006

PRESS RELEASE

THE IACHR ELECTS ITS OFFICERS AND BEGINS ITS REGULAR SESSION

N° 03/06

1.The Inter-American Commission on Human Rights began its 124th regular session. Pursuant to its Rules of Procedure, this being its first session in 2006, the IACHR elected its officers, as follows: Evelio Fernández Arévalos, President; Paulo Sérgio Pinheiro, First Vice President; and Florentin Meléndez, Second Vice President. The IACHR also comprises the following commissioners: Clare K. Roberts, Freddy Gutiérrez Trejo, Víctor Abramovich and Paolo Carozza. The Executive Secretary of the IACHR is Dr. Santiago A. Canton.

2.The President of the IACHR, Evelio Fernández Arévalos, is Paraguayan. He is an attorney, with a degree in philosophy, and a professor of Constitutional Law, Philosophy of Language, and Linguistics. Since he joined the Inter-American Commission in January 2004, Commissioner Fernández Arévalos has played a very active part in issues proper to his remit and has appeared on several occasions before the Inter-American Court of Human Rights as a delegate pleading individual cases in which the IACHR found that human rights had been violated. Prior to that, he was a thrice-reelected Senator in his country and a two-term President of the National Congress. Among the many positions he has held in his career, he was a member of the Judicial Council, Chair of the Foreign Relations and International Affairs Committee of the Senate, and Member of the Constitutional Convention; in this last capacity, he was a member of the Commission Responsible for Drafting the National Constitution in effect in Paraguay since 1992. It is worth mentioning, also, that he was a student leader at the National University of Asunción and then a journalist, as well as being the author of numerous published works on topics related to the Constitution, international law, politics, and the philosophy of language.

3.The First Vice President, Paulo Sérgio Pinheiro, is Brazilian. His tasks in the Inter-American Commission include being Special Rapporteur on the Rights of the Child, a job he was assigned when he joined the Commission in January 2004. Commissioner Pinheiro is also a United Nations Special Rapporteur for Myanmar. He was appointed an Independent Expert of the UN Secretary-General to prepare a study on violence against children and, until 2004, he was a member of the UN Subcommittee to Promote and Protect Human Rights, not to mention numerous other missions and research work for the United Nations in previous years. Prior to that, he was Secretary of State for Human Rights of Brazil and his academic record includes teaching in a number of universities in his country, the United States, the United Kingdom, and France.

4.The Second Vice President of the IACHR, Florentín Meléndez, is from El Salvador and, like the other officers, joined the IACHR in January 2004. His activities in the Commission include being Special Rapporteur for the Rights of Persons Deprived of Their Liberty in the Americas. In that capacity, he prepared the Draft Declaration of Principles on the Protection of Persons Deprived of their Freedom, which is being studied for submission for approval by the IACHR. He has also visited several countries in the course of his work and research. Commissioner Meléndez has so far been Rapporteur of the IACHR for Argentina, Bolivia, Cuba, and the Dominican Republic. He also appeared on several occasions as a delegate of the IACHR before the Inter-American Court of Human Rights. His extensive academic career includes a doctorate in international human rights law and a Master’s in human rights of the Universidad Complutense in Spain, as well as a bachelor’s degree in legal sciences from the National University of El Salvador. He teaches courses and conducts seminars on human rights, international law, and constitutional law, and he is a guest lecturer at several universities in the Hemisphere. During his professional career, Commissioner Meléndez has worked at the United Nations and in public and private institutions in his country on human rights-related topics. He has also published books, studies, and collections of works on human rights.

5.The IACHR is the principal organ under the Charter of the OAS, with responsibility for ensuring respect for human rights in all states of the American continent. It is composed of seven jurists, who are independent experts elected in a personal capacity by the member states of the Organization. During its period of sessions, the Commission will consider draft reports on human rights violations in the procedural stages of admissibility, merits, friendly settlement, and complaints filed with the Inter-American Court of Human Rights. The IACHR will also review human rights situations in various member states of the OAS and will hold 62 hearings with individual petitioners and representatives of States.

Washington, D.C., February 27, 2006

PRESS RELEASE

N° 04/06

IACHR RAPPORTEURS

Today the Inter-American Commission formally inaugurates its 124th regular sessions. As part of the organization of its work, the IACHR appointed its Rapporteurs for thematic areas and for countries:

-Evelio Fernández Arévalos, President: Chile, Ecuador, Costa Rica and Honduras.

-Paulo Sérgio Pinheiro, First Vice President: Rapporteur on the Rights of the Child; Antigua and Barbuda, Barbados, United States and Venezuela.

-Florentín Meléndez, Second Vice President: Rapporteur on the rights of persons deprived of liberty ; Argentina, Bolivia, Mexico and the Dominican Republic.

-Clare K. Roberts, Commissioner: Rapporteur on the rights of persons of African descent, and against racial discrimination; Bahamas, Belize, Brazil, Canada, Dominica, Grenada, Haiti, Jamaica, San Kitts y Nevis, St. Lucia and St. Vincent and the Grenadines.

-Freddy Gutiérrez, Commissioner: Rapporteur on the rights of migrant workers and their families; El Salvador, Panama and Uruguay.

-Paolo Carozza, Commissioner: Rapporteur on the rights of indigenous peoples; Guyana, Paraguay, Peru, Suriname and Trinidad and Tobago.

-Víctor Abramovich, Commissioner: Rapporteur on the rights of women; Colombia, Cuba, Nicaragua and Guatemala.

The IACHR is the principal organ under the Charter of the OAS, with responsibility for ensuring respect for human rights in all states of the American continent. It is comprised of seven independent human rights experts, who are elected in their individual capacities by the member states of the Organization.

Washington, D.C., March 1st, 2006

PRESS RELEASE

Nº 5/06

NEW SPECIAL RAPPORTEUR OF THE IACHR FOR FREEDOM OF EXPRESSION

The Inter-American Commission on Human Rights today decided to appoint Dr. Ignacio Álvarez as Special Rapporteur for Freedom of Expression. Dr. Álvarez, a national of Venezuela, has been working as an attorney specializing in human rights at the IACHR since 1998.

The new Rapporteur graduated as a lawyer at the AndrésBelloCatholicUniversity in Caracas, specialized in procedural law at Venezuela’s Universidad Central, and holds a Masters in international law from the Law Faculty of American University, in Washington, D.C. He is also the author of several articles on human rights published in the languages he works in, namely Spanish, English, and Portuguese.

The Special Rapporteurship for Freedom of Expression is a full-time, functionally independent office with its own budget, which was established by the IACHR and operates within its legal framework.

Washington, D.C., March 15, 2006

PRESS RELEASE

Nº 6/06

HAITI: FAILED JUSTICE OR THE RULE OF LAW?

IACHR RELEASES REPORT ON THE ADMINISTRATION OF JUSTICE IN HAITI

Today, during its 124th Regular Period of Sessions, the Inter-American Commission on Human Rights released its report on the situation of the administration of justice in the Republic of Haiti.

The report, entitled “Haiti: Failed Justice or the Rule of Law? Challenges Ahead for Haiti and the International Community”, evaluates the current status of the administration of justice in Haiti in light of its obligations under the American Convention on Human Rights and other relevant human rights instruments. The report concludes that the justice system in Haiti is gravely deficient in almost all respects and systematically fails to protect the fundamental human rights of the Haitian people. The report also emphasizes that efforts to address Haiti’s present and serious political, economic and social problems will not succeed without urgent reforms to strengthen the administration of justice and the rule of law in Haiti, and will require ongoing, coordinated and sustained support from OASMemberStates and other members of the international community.

The report analyzes three main areas of the administration of justice in Haiti: law enforcement, the court system, and the system of detention facilities and prisons. Among other conclusions, the report finds that the national police force suffers from grave shortages of officers and resources, lacks a clear and enforced hierarchy of command and control, and is tainted by corruption and human rights abuses. Also according to the report, the court system is plagued by inadequate resources and training as well as outdated laws, resulting in chronic and unacceptable delays in the judicial process and systemic impunity for serious human rights violations. Further, the report finds that the conditions in Haiti’s prisons and other detention facilities fall far short of minimum international standards, including special protections for minors. In light of these and other fundamental deficiencies, the report calls upon the international community to expedite the delivery of funds pledged to Haiti in 2004 and to take the measures necessary to ensure that their justice initiatives in Haiti result in lasting change.

The release of the report is particularly timely in light of the recent election of René Préval as Haiti’s new President following a particularly violent and unstable period in the country’s history. As President Préval takes office, the Commission urges his government to make reform of the justice system a critical priority.

An Executive Summary of the report is attached to this press release and the full text of the report can be found on the Commission’s web site at

Washington, D.C. March 16, 2006

ANNEX

PRESS RELEASE 6/06

HAITI: FAILED JUSTICE OR THE RULE OF LAW?

CHALLENGES AHEAD FOR HAITI AND THE INTERNATIONAL COMMUNITY

OEA/Ser/L/V/II.123

doc.6 rev 1

26 October 2005

Original: English

EXECUTIVE SUMMARY

1.For over forty years, the Inter-American Commission on Human Rights has monitored the situation of human rights in the Republic of Haiti. For much of this period, the people of Haiti have faced many hardships, including political instability and violence, serious human rights abuses with no accountability, and exploitation and degradation of the country’s economy and infrastructure. Unfortunately, Haiti’s recent history has not revealed much progress in reversing this course. Based upon its longstanding experience in Haiti and other countries of the Hemisphere, the Commission considers that efforts to address the country’s current and longstanding problems will not succeed without urgent reforms to strengthen the administration of justice and the rule of law in Haiti.

2.In this context, the present report provides an evaluation of the current status of the administration of justice in the Republic of Haiti in light of the fundamental rights and freedoms protected under the American Convention on Human Rights and other relevant human rights instruments to which Haiti is bound. The report is based upon investigations undertaken by the Commission between 2003 and 2005, including information gathered during four visits to the country as well as reports and other information provided by a variety of international and local governmental and nongovernmental organizations.

3.The report provides a detailed analysis of three key aspects of administration of justice in the country: law enforcement and the Haitian National Police; the judiciary; and the system of detention facilities and prisons. As part of this analysis, the Commission addresses the particular problem of impunity and lack of public confidence in the justice system as well as the involvement of the international community in Haiti.

4.Based upon its analysis, the Commission reached the following main conclusions:

  • The Haitian National Police force suffers from inadequate staffing and resources, an absence of appropriate vetting and training programs, and a clear and enforced hierarchy of command and control, and instances of corruption and human rights abuses by police officer have severely tainted the police force and have not been the subject of effective investigation and, where appropriate, discipline and prosecution.
  • The working conditions for magistrates at all levels are substandard, with shortages of space and basic resources, a lack of proper training for judges, and inadequate security for judges and court facilities. Further, the independence of the judiciary continues to be imperiled through potential inadequacies in security of tenure, allegation of interference by the executive branch in the assignment of specific cases before the courts, and the absence of a proper and functioning oversight mechanism for the judiciary, among other factors.
  • These and other inadequacies in Haiti’s court system, including the outdated nature of many of Haiti’s laws, lack of effective access to legal assistance, and the failure of police to execute judicial orders, have created chronic and unacceptable delays in the processing of cases in the court system, have resulted in a pervasive problem of prolonged pre-trial delay, where an estimated 85 to 90% of detainees have not been tried. These deficiencies have also undermined the ability of the justice system in Haiti to effectively ensure and protect the fundamental rights and freedoms to which Haitians are entitled, resulting in a pattern of impunity in Haiti for violations committed by both state and non-state actors.
  • Several of the prisons and other detention facilities in Haiti are not functional, including the prison for women and children in Fort National, and those prisons that are serviceable suffer from overcrowding and do not have the resources necessary to meet minimum standards of sanitation and other fundamental requirements, including access to fresh air, light and potable water, bedding, nutrition, and health care. Further, there are serious weaknesses in security at prisons and associated training for prison guards, which has resulted in several major security incidents in Haiti over the past two years, resulting in the death and wounding of inmates and the escape of hundreds of prisoners, many of who have not yet been recaptured.
  • The absence of a functional rehabilitation center for minors, together with the fact that the court for minors has been unable to function due to security concerns, has resulted in the detention of minors in a manner inconsistent with Article 5(5) of the American Convention and corresponding provisions of the Convention on the Rights of the Child.
  • Past efforts by the international community to assist deficiencies in Haiti’s justice system have failed to result in lasting change, due in part to the short term nature of some projects and associated funding, the absence of ongoing technical and other support, and a lack of coordination on common issues and activities between and within various international and regional organizations agencies operating in Haiti. Further, a considerable portion of the funds pledged to Haiti by donors in July 2004 remains undelivered despite the urgent need for projects to address basic services such as electricity, sanitation, and hospital and school facilities as well as longer-term initiatives for capital investment and capacity-building among public and private actors and institutions.

5.In light of its conclusions, the Commission made several recommendations to the Republic of Haiti, which include: