CEJIL

CEJIL participated in the 43rd OAS General Assembly, held June 4-6, 2013 in Antigua, Guatemala.  The Assembly approved a total of 50 Resolutions, among them the Declaration of Antigua: “For a Comprehensive Policy against the World Drug Problem in the Americas.”

In parallel, the Center for Justice and International Law (CEJIL), the Myrna Mack Foundation, and the Convergence for Human Rights in Guatemala held a Public Event on “Contributions for an Integral Security Policy,” as well as an event with the International Coalition of Human Rights Organizations in the Americas on “The Responsibility of the States to Assure the Adequate Functioning and Validity of the Inter-American System of Human Rights.”

Additionally, CEJIL, along with FAMDEGUA and H.I.J.O.S. of Guatemala and other Guatemalan organizations, held a vigil against impunity in Guatemala and in solidarity with the victims.

In this session, the General Assembly closed the negotiation and redaction process of the “Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance” and the “Inter-American Convention against All Forms of Discrimination and Intolerance”, which were open to signing and later ratification by Member States.  Antigua and Barbuda, Argentina, Brazil, Costa Rica, Ecuador, and Uruguay were the first States to sign the conventions.

Within the scope of negotiations at the Assembly, the Delegation from Ecuador presented a “Follow-Up on Resolution AG/RES. 1 (XLIV-E/13) corr. 1 ‘Results of the Process of Reflection on the Workings of the Inter-American Commission on Human Rights with a view to Strengthening the Inter-American Human Rights System,’” which did not obtain a plenary consensus of the General Assembly.

Similarly, elections were held during the General Assembly for the authorities of organs, bodies, and entities of the organization, among them 3 members of the Inter-American Commission of Human Rights: Jose de Jesus Orozco Henriquez (Mexico), who was re-elected, James L. Cavallaro (United States), and Paulo De Tarso Vannuchi (Brazil).  Their posts will last from January 2014 to December 2017.

Washington D.C., November 1, 2011 – As is public knowledge, Mariela Contreras, a witness in the Mapiripán v. Colombia case decided by the Inter-American Court of Human Rights in 2005, has allegedly recently retracted the statements she gave in Colombian proceedings in 2002 and before the Inter-American Court in 2005. This has generated a vigorous debate in Colombia over the magnitude of the crimes that were committed, the penalties given to those responsible, and the duties of both the justice administration, as well as the lawyers representing the accusers.

First, it is essential to clarify that there is no doubt in either the domestic or international arena as to the occurrence of the massacre. Nor is there any doubt as to the shared role of the AUC and members of security forces in events, which were widely reported in the press and for which both the state and the paramilitaries themselves have recognized their responsibility. Second, CEJIL shares the concern of the justice administration, our colleagues from the José Alvear Restrepo Lawyers’ Collective (CCAJAR), the government, and Colombian society when faced with the possibility that this witness may have manipulated the process at the national and international level with false declarations, and we are confident that this situation will be properly investigated and clarified.
 
On the other hand, it should be emphasized that CEJIL and CCAJAR began representing Mariela Contreras in the international proceedings in 2003, four years after the initial petition in the Mapiripán case was presented before the Inter-American Commission of Human Rights, and one year after her declaration to the Attorney General of Colombia.
 
Moreover, her statement was entirely consistent with the statements of her children, the forensic evidence, evidence of relevant documents, the testimony of the authorities, among them judge Novoa Cortes, as well as with the statements of expert witnesses, victims and their family members. When litigating a case, the evidence is fundamentally based on the entire body of evidence that exists at the internal level and on all the information provided by the State. Additionally, it should be noted that the Colombian state itself, represented by the Executive authority, repeatedly included Mrs. Contreras among the family members of the victims of the massacre during the international proceedings and assumed international responsibility for the crimes committed.
 
The uncertainty over the number of victims of the Mapiripán massacre is not a new issue, but rather was clearly identified during international litigation. Indeed, the difficulty in reaching a precise number of victims was identified by the Inter-American Court in their 2005 judgment as one of the shortcomings of the state’s investigation. In that judgment, the Court ordered the state to conduct all due diligence necessary to individualize and identify each executed and disappeared victim and their family members within a reasonable amount of time. That same Court reaffirmed that, precisely because of the way in which the massacre was planned and executed, it was possible that, in exceptional cases, the whereabouts of persons previously taken for dead could be established in the course of a criminal investigation.
 
In light of this information, CEJIL and the other human rights organizations connected to this case remain committed to establishing the truth, bringing those responsible to justice and determining the reparations owed to the victims.
 
Contact in Washington Milli Legrain mlegrain@cejil.org Tel (1) 202 319 3000
 

Washington D.C and Buenos Aires, March 24, 2011- Late last night, the Inter-American Court of Human Rights issued a ruling condemning Uruguay for the forced disappearance of Maria Claudia García Iruretagoyena de Gelman and the birth in captivity of her daughter during the mid 1970’s. The events took place under Operation Condor, a mutual cooperation agreement between the dictatorships of Argentina, Chile, Paraguay, Brazil and Uruguay to eliminate those regarded as political dissidents. The ruling renders the 1986 law, known as the Ley de la Caducidad de la Pretensión Punitiva del Estado, ineffective and therefore opens up the possibility for the punishment of crimes against humanity committed under the military dictatorship in Uruguay (1973-1985). The ruling is binding as Uruguay is a signatory of the American Convention on Human Rights and recognizes the jurisdiction of the Inter-American Court.
 
Maria Claudia García Iruretagoyena was abducted in Buenos Aires (Argentina) in 1976.  She was seven months pregnant when she was transferred to a clandestine detention center in Uruguay, where she gave birth to a girl, Macarena. Maria Claudia was later the victim of forced disappearance and her remains were never found. In 1999, Macarena’s grandfather, renowned argentine poet Juan Gelman, tracked down his granddaughter by his own means after more than 20 years.
 
“This sentence is paradigmatic for Uruguay as it means the end of a law that has stood in the way of truth and justice for 25 years. It represents a victory for the victims, their families and a large part of Uruguayan society that has tirelessly sought to challenge a law resulting from a political agreement and guaranteeing impunity to the perpetrators of crimes against humanity. For Juan and María Macarena Gelman, this is the starting point in their quest for truth and the easing of their pain”, said Ariela Peralta, Deputy Director of the Center for Justice and International Law (CEJIL) and lawyer for the case.
 
This is the first case against Uruguay to reach the Inter-American Court of Human Rights. CEJIL brought the case to the Inter-American Commission on Human Rights (IACHR) in May 2006. In January 2010 the case was submitted to the Court after Uruguay refused to follow recommendations issued by the IACHR.
 
Although the Uruguayan Government has used the 1989 referendum as a reason for maintaining the law, Uruguay can no longer refer to domestic law as a pretext for not complying with its international obligations. In words of Liliana Tojo, CEJIL´s Program Director for Bolivia and the Southern Cone: “The Court has finally dictated that Uruguay cannot continue to seek excuses for maintaining impunity for the victims of torture and other horrendous crimes.”
 
In addition, the judgment clearly states that investigations regarding the forced disappearance of Maria Claudia must be pursued with a view to locating her remains and bringing the perpetrators to justice. According to the Court, Uruguay must also establish criminal and administrative responsibility in accordance with International Law.
 
The Court ordered a series of reparations which include for Uruguay to adopt a series of policies to ensure integral reparation for the victims as well as a public apology for the crimes committed.
 
This case not only illustrates the scope of Operation Condor, but also the impunity that developed in Uruguay and is still in place today. Viviana Krsticevic, CEJIL´s Executive Director  said that “Today we celebrate the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims with an outstanding judgment from  the Inter- American Court of Human Rights which will contribute to re-writing the history of Uruguay. Uruguay must now face the challenge that other countries in the region have overcome in the name of truth, justice and reparations for the victims of recent human rights violations, such as Chile, Peru and Argentina.”
 
The Court´s ruling is available here in Spanish: http://www.corteidh.or.cr/casos.cfm?idCaso=355
Previous press releases in English on this case:
http://cejil.org/en/contenido/maria-claudia-garcia-de-gelman-uruguay
http://cejil.org/en/comunicados/cejil-brings-uruguay-inter-american-court

 
For more information
Contact in Washington D.C
Milli Legrain
CEJIL
Communications Coordinator
(1)-202-319.3000
Mlegrain@cejil.org
 
 

 

Washington D.C, December 14, 2010 – In a historical ruling announced today, the Inter-American Court of Human Rights found Brazil guilty for the forced disappearance of at least 70 peasants and militants of the resistance movement known as the Araguaia Guerrilla between 1972 and 1974 under the military dictatorship. Brazil is a signatory of the American Convention on Human Rights; the ruling is therefore binding.
 
This first ruling against Brazil for crimes committed under the dictatorship will contribute to ensuring the non-repetition of the violations and to open up a public debate around the legacy of the authoritarian regime.
 
Since 1995, the Center for Justice and International Law (CEJIL) has been advocating on behalf of the victims and their families before the Inter-American system of human rights protection, together with the Grupo Tortura Nunca Mais [‘No More Torture Group’] and the Sao Paulo Commission of Family Members of the Persons Killed and Disappeared for Political Reasons.
 
Throughout the process they proved Brazil´s international responsibility for the forced disappearance of the victims, for the total impunity of these crimes and for the lack of effective procedures to establish the truth. They requested various reparation measures which ranged from integral reparation for the victims and their families, to wider measures affecting Brazilian society as a whole, including the right to truth and justice. Highlights of the facts, violations and reparations established by the ruling are listed below:
 
The Inter-American Court dictated that the victims were disappeared by State agents. The judgment establishes that Brazil violated the right to justice with regards to its international obligation to investigate, process and punish those responsible for the forced disappearances, in virtue of an interpretation of the Brazilian Amnesty Law, which allowed for crimes to remain totally unresolved for over 30 years.
 
The ruling also established that this interpretation of the Law, reaffirmed recently by the Federal Supreme Court, is contrary to international law. In the words of the Court “The provisions of the Brazilian Amnesty Law that prevent the investigation and sanctioning of severe human rights violations are incompatible with the American Convention, have no legal effects and cannot continue to stand in the way of investigating the facts of this case."
 
The ruling therefore requires the State to remove all practical and judicial obstacles to investigating the crimes, to establishing the truth as well as the responsibility of those involved. The Court also reaffirmed the general implications of its decision by ordering that the provisions of the Amnesty Law, that represent a barrier to criminal investigations, cannot present an obstacle to hearing other severe cases of human rights violations.

With regards to the absence of official information, the Court significantly advanced the requirements for the protection of the right to access information, including the principle of maximum disclosure and the need to justify any refusal to provide information. The Court also ruled that Brazil must put its legislation on access to information in line with what is established by the American Convention.
 
Finally, regarding the State´s refusal to guarantee the families of the victims´ right to truth for over thirty years, the Inter-American Court of Human Rights found that, in light of their suffering, the State was responsible for psychological torture and determined the following  reparations, among others:  the obligation to investigate the facts, to hold a public act recognizing its responsibility, to actively search for and locate the mortal remains of those disappeared, the organisation and publication of all information on the Araguaia Guerilla and the violations of human rights  which took place under the military dictatorship in Brazil.
 
The Inter-American Human Rights Court ruling in the case of Gomes Lund (Guerrilla de Araguaia) and others is paradigmatic. Not only will it contribute to reconstructing historical memory for future generations and establishing the truth but above all, to building new democratic standards and practices.
According to Votoria Grabois, family member and Vice President of the No More Torture Group in Rio de Janeiro: “The lack of information over more than 30 years caused the families of the Araguaia Guerrilla members anguish, suffering and mistrust towards the Brazilian institutions. The Court´s judgment renews our hope in justice.”
 
In the words of Beatriz Affonso, program director for CEJIL in Brazil: “We hope that Dilma Roussef´s administration will demonstrate that democratic governments cannot ignore the crimes of the past and that she will take positive steps to address this situation. The Judiciary, part of the Brazilian State, must implement the decision to promote and investigate the crimes committed under the dictatorship. All Brazilian citizens must know that under today´s democracy, nobody is above the law, not even the public and private agents, civilians and military, involved in the crimes against citizens in the name of repression.”
 
According to Crimeia Schmidt de Almeida, family member and President of the Sao Paulo Commission of Family Members of the Persons Killed and Disappeared for Political Reasons: “ This judgment might represent an important step towards a renewed democracy in our country, eliminating dictatorial hindrances that still persist in the practices of State agents. As a family member I hope that this can put an end to so many uncertainties and anguish that have marked our lives for almost 40 years.”
 
In light of this, Executive Director of CEJIL, Viviana Krsticevic said: “Latin America has made significant progress in solving the crimes against humanity committed under dictatorships. Yet, Brazil has not fulfilled its outstanding obligations towards the families of victims as well as society with regards to the establishment of truth and justice related to this issue. This judgment represents a unique opportunity for Brazil to demonstrate that it is able to take the lead on human rights and democracy. For this to happen, Brazil must render ineffective the aspects of the Amnesty Law that represent a barrier to justice regarding crimes against humanity.”



Media Contacts:
 
Milli Legrain, Communications Coordinator, Washington D.C (1) 202 319 3000, mlegrain@cejil.org, www.cejil.orgBeatriz Affonso, Director of CEJIL Brazill, (55-21) 2533-1660, brasil@cejil.org