CEJIL

Summaries of Jurisprudence: Gender-based Violence. 2nd Edition Updated

CEJIL presents a new title to its collection of Summaries of Jurisprudence, this time dedicated to Gender Violence.

This publication includes a selection of texts of decisions from international human rights organs related to the protection of women victims of violence. The compilation provides a solid body of jurisprudence that allows one to obtain a broad panorama of the reality of women in a variety of contexts, revealing the indisputable relevance of gender violence in the world, even further than the advances in regulation material.

We hope that this will be a useful tool that contributes to the defense of human rights and the eradication of one of the most tolerated and silenced human rights violations as such is the violence exercised against women.


Type of publication:Compilation of jurisprudence
Full version available in:
Year: 2011
Your opinion is very important and let us keep up to date ours tools. If you had the chance to use this publication please complete the evaluation form. Thanks in advance.

Summaries of Jurisprudence: Health and Reproductive Rights

CEJIL is delighted to present a new book to its collection of Tools for the Protection of Human Rights: Summaries of Jurisprudence, this time dedicated to Health and Reproductive Rights.

The human rights protection bodies recognize the access to medical care, including reproductive health, as a basic right. Nonetheless, the decisions included in this volume illustrate some of the grave deficiencies in the effective enjoyment of these rights, directly affecting women’s right to choose regarding maternity, accessing health information, or to be respected in their autonomy and privacy, among others.

These pages compile decisions and judgments that constitute more relevant jurisprudence in relation to health and reproductive rights. We hope that this book will be a useful tool that contributes to the defense of those rights.


Type of publication:Compilation of jurisprudence
Full version available in:
Year: 2012
Your opinion is very important and let us keep up to date ours tools. If you had the chance to use this publication please complete the evaluation form. Thanks in advance.

Human rights in the Inter-American System. Compilation of instruments. 2011 Edition.


Type of publication:Compilation of law
Full version available in:
Year: 2011
Partial download options in:

Spanish


English

  (59,15 KB)


Your opinion is very important and let us keep up to date ours tools. If you had the chance to use this publication please complete the evaluation form. Thanks in advance.

Human rights in the Inter-American system. Compilation of instruments. 2009 edition.

Los Derechos Humanos en el Sistema Interamericano. Compilación de Instrumentos.

El Centro por la Justicia y el Derecho Internacional (CEJIL) se complace en presentar la sexta edición actualizada de su publicación Derechos Humanos en el Sistema Interamericano: Compilación de Instrumentos.

Desde la primera versión de este compendio de normativa interamericana sobre protección y defensa de los derechos humanos –editada en 1997- CEJIL se ha propuesto con esta compilación tornar más accesible a distintos públicos el conocimiento del derecho internacional de los derechos humanos desarrollado en el continente americano, así como el uso de las herramientas que el sistema interamericano (SI) pone a disposición de víctimas y defensores de derechos humanos.

La obra recopila las Declaraciones, Tratados, Protocolos y Principios que conforman la normativa fundamental del derecho internacional de los derechos humanos en el ámbito interamericano, complementándola con aquellos textos que reglamentan la composición y funcionamiento de la Comisión y Corte Interamericana (Estatutos y Reglamentos).

Esta sexta edición actualizada incluye las últimas modificaciones a los Reglamentos de la Comisión y la Corte introducidas en 2009, que afectan a aspectos centrales del Sistema como son las reglas aplicables a la fase de admisibilidad de peticiones, las medidas cautelares de protección, el papel de las víctimas en el litigio ante la Corte Interamericana, o cuestiones de representación legal, entre otras.

Adicionalmente, en esta nueva edición presentamos un cuadro que cumple con la intención de ofrecer de forma ilustrativa un panorama completo acerca del estado de ratificaciones de los instrumentos del sistema interamericano de derechos humanos. A su vez, la forma en que se expone la información permite tener una mirada abarcadora e integral acerca del grado de involucramiento de los Estados miembros de la OEA en el SI.


Type of publication:Compilation of law
Full version available in:
Year: 2009
Your opinion is very important and let us keep up to date ours tools. If you had the chance to use this publication please complete the evaluation form. Thanks in advance.

20 years since the disappearance of Narciso González a lack of justice persists in the Dominican Republic

CEJIL remembers the life and fight of Narciso González and calls for full compliance with the IA Court´s sentence

Santo Domingo and Washington DC, Monday, May 26, 2014. Today, on the twentieth anniversary of the forced disappearance of Narciso González, the Center for Justice and International Law (CEJIL) calls on the Dominican State to promptly comply with and implement the Judgment of the Inter-American Court of Human Rights (IA Court).

Mon, 05/26/2014

Fotos conmemorativa NarcisoSanto Domingo and Washington DC, Monday, May 26, 2014. Today, on the twentieth anniversary of the forced disappearance of Narciso González, the Center for Justice and International Law (CEJIL) calls on the Dominican State to promptly comply with and implement the Judgment of the Inter-American Court of Human Rights (IA Court).

Narciso González Medina, or “Narcisazo,” was a renowned university professor, journalist, lawyer and opposition of the dictatorial regimes of Rafael Leonidas Trujillo and Joaquín Balaguer. After reporting electoral fraud in the 1994 presidential elections and signaling out the police chiefs and armed forces as Balaguer’s accomplices, Narciso was forcibly disappeared on May 26, 1994.

In the Sentence issued on February 27, 2012 in the case of González Medina and Family v. Dominican Republic, the IA Court condemned the Dominican State for Narciso Gonzalez´s forced disappearance, as well as for lack of due process and the suffering inflicted on his family and ordered the adoption of important measures of reparation.

“Twenty years since the forced disappearance of the celebrated professor, journalist and lawyer Narciso Gonález, we remember his life and struggle and demand absolute compliance with the Inter-American Court’s case named after him, “said Viviana Krsticevic, CEJIL’s Executive Director. “The State is in debt to his family and the Dominican society. Following the steps taken by the Attorney General, we urge the rest of the State powers to act decisively to know what happened, reveal where Narciso González is and to punish those responsible.”

The measures of reparation ordered by the IA Court include the serious search to finding the whereabouts of Narciso González, a serious, impartial and efficient investigation of the acts and the eventual sentence of those responsible, full reparation for the family, as well as a series of measures to preserve the memory of Narciso González’s life, among others.

In 2013, the Attorney General demanded the reopening of the criminal investigation, taking the first step in the search for justice; nevertheless, the commitment of all state bodies is necessary to guarantee that the investigation continues in a serious, impartial and effective manner to finally close the door to impunity. On the other hand, CEJIL call on the State to incriminate forced disappearance in Dominican legislation as soon as possible, in compliance with international law and adopt any other necessary measure to ensure that events like those in this case never occur again.

For more information:

CEJIL, República Dominicana sigue sin cumplir Sentencia de la Corte IDH. April 3, 2012. (Spanish only)

CEJIL, Corte Interamericana condena a República Dominicana por desaparición forzada Narciso González. April 3, 2012. (Spanish only)

IA Court.  Case of González Medina and Family v. Dominican Republic. Judgment of February 27, 2012. Serie C No. 240. Available here.

 

Again Honduras does not comply with protection measures granted by the IACHR

Another beneficiary of precautionary measures is murdered

San Jose, May 5, 2014. Yesterday, May 4, Mr. Orlando Orellana, president of the Patronato de la Comunidad de Cerrito Lindo (Community Leaders of Cerrito Lindo) in Sand Pedro Sula, Honduras was murdered. The Inter-American Commission on Human Rights (IACHR) had granted Mr. Orellana precautionary measures (protection measures).

Mon, 05/05/2014

Foto Ilustrativa Honduras, con créditosSan Jose, May 5, 2014. Yesterday, May 4, Mr. Orlando Orellana, president of the Patronato de la Comunidad de Cerrito Lindo (Community Leaders of Cerrito Lindo) in Sand Pedro Sula, Honduras was murdered. The Inter-American Commission on Human Rights (IACHR) had granted Mr. Orellana precautionary measures (protection measures).

The events occurred around 12:50 P.M. when Mr. Orellana was on his way to a meeting on how to handle matters related to his community. At that time, two unknown subjects approached him in a taxi and shot at Mr. Orellana several times killing him.

The IACHR granted the Cerrito Lindo community precautionary measures in 2005 due to a request made by the Equipo de Reflexión, Investigación y Comunicación de la Compañía de Jesús (ERIC) and the Center for Justice and International Law (CEJIL). The measures were granted due to a number of violent acts committed against members of the community stemming from a dispute on the property they occupied.

According to the villagers, their property lots were illegally sold to them by a local company. Becoming aware of the illegality in the buying and selling of the property, the inhabitants began a series of legal activities and protests to resolve the situation of the lots they had bought in good faith. The complaints unleashed a series of attacks against the members of the Cerrito Lindo colony, including violent evictions, death threats, people being followed and murders.

In effect, including the death of Mr. Orellana, there have been seven murders of community members under the precautionary measures including: Paulino Herníquez, murdered March 17, 2004; Jonni Orlando Aceituno Varela, murdered June 18, 2004; Héctor José Ulloa and Gilmar Santiafo Mejía, run over in suspicious and unclear circumstances on March 27, 2004, and January 26, 2006, respectively; Eligio Mejía, murdered February 5, 2006; and Orfilia Amparo Mejía, murdered March 26, 2012. None of these deaths have been clarified nor have they had effective measures of protection implemented.

“The situation in Honduras is insolent and the lack of protection of those who defend human rights is evident. The State of Honduras is internationally responsible for its failure in its duty to protect the Cerrito Lindo community members as well as for its failure to investigate these regrettable events,” stated Marcia Aguiluz, CEJIL’s Program Director for Central America and Mexico.

In addition, it is particularly concerning that in less than one month, two beneficiaries of precautionary measures have been murdered. It is also worth recalling the violent murder on April 11 of Carlos Mejía Orellana, the Radio Progreso collaborator.

CEJIL urges the state authorities to comply with their duty to exercise due diligence and to adopt all the necessary measures to investigate the events as well as to identify those responsible. At the same time, CEJIL reiterates its call for the adoption of an adequate mechanism for the protection of human rights defenders that includes beneficiaries of measures of protection granted by the bodies of the Inter-American Human Rights System.

Photo credit: El Heraldo

Related Links: CEJIL regrets the murder of a Radio Progreso’s worker in Honduras

Press Contact

Daniela Araya

+506 22807473

daraya@cejil.org

 

 

Threats against Judicial Independence Continue in Guatemala

Intimidation efforts continue against Judge Yassmín Barrios

San Jose, Costa Rica. May 2, 2014. On April 28, Judge Yassmín Barrios’s appeal of the decision of the Honor Tribunal of the Association of Lawyers and Notaries of Guatemala (Tribunal de Honor del Colegio de Abogados y Notarios de Guatemala, CANG) was rejected by the Assembly of Presidents of Professional Schools of Guatemala (Asamblea de Presidentes de Colegios Profesionales de Guatemala). The decision entails, among other sanctions, Judge Barrios’ suspension from practicing law for one year.

Mon, 05/05/2014

Foto Ilustrativa Yassmín Barrios, créditos reservadosSan Jose, Costa Rica. May 2, 2014. On April 28, Judge Yassmín Barrios’s appeal of the decision of the Honor Tribunal of the Association of Lawyers and Notaries of Guatemala (Tribunal de Honor del Colegio de Abogados y Notarios de Guatemala, CANG) was rejected by the Assembly of Presidents of Professional Schools of Guatemala (Asamblea de Presidentes de Colegios Profesionales de Guatemala). The decision entails, among other sanctions, Judge Barrios’ suspension from practicing law for one year.

As stated in one of CEJIL’s previous press releases, the decision stems from the 2013 conviction process of the ex-generals José Mauricio Rodríguez and Efraín Ríos Montt for committing genocide and crimes against humanity against the Ixil community. The body concluded that Judge Barrios had disrespected and publically humiliated Moisés Galindo, who stood as the defense for the accused José Mauricio, due to a jurisdictional decision made by the High Risk Tribunal A, of which Judge Barrios is a member.

In the Assembly of Presidents’ judgment, released on April 30, the body confirmed the alleged offense, and while it modified the punishment to a private reprimand, it did not analyze the lack of competence of the Honor Tribunal to discipline judges for their actions.

Viviana Krsticevic, CEJIL’s Executive Director, declared that, “the Assembly of Presidents of Professional Schools’ recent judgment is objectionable as it validates the decision of a body that has no jurisdiction, which affects Judge Barrios’s judicial independence and sends a general message of intimidation to members of the judiciary.”

CEJIL regrets the persistent efforts of intimidation and delegitimization against Judge Barrios and reminds the State authorities of their obligation to protect and guarantee her life and personal integrity, as ordered by the Inter-American Commission on Human Rights when it granted her precautionary measures. Likewise, CEJIL calls on the State of Guatemala to respect and guarantee judicial independence and to condemn any undue interference that intends to undermine this important principle.

Photo credit: CB24 TV

Related links:

Guatemalan bar association puts judicial independence in danger

Press Contact

Daniela Araya

+506 22807473

daraya@cejil.org

 

 

CEJIL Celebrates Historic Reform of Mexico’s Military Justice Code

The reform is a result of years of struggle for victims and human rights organizations.

San Jose, Friday, May 2, 2014. On April 30, 2014, the Mexican congress passed reforms to the Military Justice Code, establishing for the first time restrictions on military jurisdiction. As a result, cases of human rights violations against civilians will be tried in a civilian court system rather than in the military courts.

Fri, 05/02/2014

Fotografía Ilustrativa Congreso MexicanoSan Jose, Friday, May 2, 2014. On April 30, 2014, the Mexican congress passed reforms to the Military Justice Code, establishing for the first time restrictions on military jurisdiction. As a result, cases of human rights violations against civilians will be tried in a civilian court system rather than in the military courts.

The Center for Justice and International Law (CEJIL) celebrates the Mexican State’s action as a step forward in strengthening human rights in Mexico and responding to the calls made by organized civil society, academia and other bodies specialized in the protection of human rights.

It should be noted that the Inter-American Court of Human Rights ordered the Mexican State in four different cases to reform Article 57 of the Military Justice Code, three of them were represented by CEJIL along with the Centro de Derechos Humanos Miguel Agustín Pro Juárez (Centro Prodh) and the Centro de Derechos Humanos de la Montaña “Tlachinollan”.

“The reform is a significant step forward in Mexico’s human rights agenda and shows what can be accomplished through democratic processes of discussion,” stated Viviana Krsticevic, CEJIL’s Executive Director.

On May 24, 2013, the reform was unanimously passed in the Senate and sent to the Chamber of Deputies (the lower house of the Congress), where it also passed unanimously on April 30. Remaining to be removed from military jurisdiction are cases of human rights violations committed against military personnel, an obligation that should be effectively met in order to comply with the recommendations made by the diverse bodies of international protection, particularly the Inter-American Court of Human Rights.

Dictamen Aprobado (Spanish only)

Press releases:

ONGs denunciarán ante Comisión Interamericana aplicación del fuero militar a violaciones de derechos humanos (Spanish only)

Casos de Inés Fernández y Valentina Rosendo fueron remitidos al fuero común en México

Restricción de la jurisdicción militar en casos donde haya civiles: triunfo histórico de las víctimas frente a la impunidad castrense (Spanish only)

Press Contact

Daniela Araya

+506 22807473

daraya@cejil.org

 

CEJIL regrets the murder of a Radio Progreso´s worker in Honduras

The victim was a beneficiary of the IACHR´s precautionary measures

San Jose, Monday, April 14, 2014. The Center for Justice and International Law (CEJIL) regrets the tragic death of Carlos Mejía Orellana, marketing manager at Radio Progreso in Honduras, Friday, April 11, 2014.

Mon, 04/14/2014

Fotografía Ilustrativa Radio Progreso, créditos reservadosSan Jose, Monday, April 14, 2014. The Center for Justice and International Law (CEJIL) regrets the tragic death of Carlos Mejía Orellana, marketing manager at Radio Progreso in Honduras, Friday, April 11, 2014.

Between 10 and 11PM, Carlos Mejía was brutally murdered at his house in the city of El Progreso, located in the Yoro department in Honduras. The motives and circumstances for the crime are still not clear; however, his lifeless body was found with multiple stabs to the chest.

Along with 18 other Radio Progreso contributors, Mejía was a beneficiary of protection measures from the Inter-American Commission on Human Rigthts (IACHR). These measures were adopted by the Commission due to the numerous threats and harassment received by the members of the radio station. In Carlos Mejía’s case, the IACHR adopted the measures May 27, 2011 and ordered the State of Honduras to make every necessary effort to protect his life and personal integrity. Unfortunately, the authorities did not establish effective security measures nor did they investigate the reported threats.

Marcia Aguiluz, CEJIL’s Program Director for Central America and Mexico, declared that, “it is fundamental that the Honduran authorities answer the calls made by the international organs of protection and that they comply with their obligation to guarantee the life and integrity of those in risk. In the face of these regrettable events, the State should comply with its duty of due diligence and clarify the events as soon as possible.”

CEJIL expresses its sympathy to all of Radio Progreso’s colleagues and contributors for this regrettable loss. At the same time, CEJIL calls upon the State of Honduras to conduct a prompt, appropriate and diligent investigation with the objective to identify, prosecute and punish all the perpetrators and masterminds responsible for the murder of Carlos Mejía. Finally, CEJIL asks for an agreement to be reached on the measures of security required for the other Radio Progreso contributors who are also beneficiaries of the protection measures.

Press Contact

Daniela Araya

+506 22807473

daraya@cejil.org


CEJIL condemns Colombia’s contempt for the precautionary measures granted by the IACHR in the case of Mayor Petro

The measures are an international obligation for Colombia

Washington DC, Thursday, March 20, 2014. The Center for Justice and International Law (CEJIL) strongly condemns Colombia’s contempt for the precautionary measures granted by the Inter-American Commission on Human Rights (IACHR) on Tuesday, March 18. The measures were granted to protect the political rights of the mayor of Bogota, Gustavo Petro Urrego.

Thu, 03/20/2014

Washington DC, Thursday, March 20, 2014. The Center for Justice and International Law (CEJIL) strongly condemns Colombia’s contempt for the precautionary measures granted by the Inter-American Commission on Human Rights (IACHR) on Tuesday, March 18. The measures were granted to protect the political rights of the mayor of Bogota, Gustavo Petro Urrego.

Not long after receiving the IACHR’s decision, the President of Colombia, Juan Manuel Santos, announced his position to not comply with the measures and stated he would proceed to ratify the mayor’s dismissal.

Colombia’s contempt implies a serious breach of its international obligations as a signatory of the American Convention of Human Rights as well as other international treaties.

The IACHR has the competency to issue binding measures of protection under the mandate for protection and promotion of human rights in the region, granted by the OAS Charter and the American Convention. Moreover, this is explicitly outlined in the Inter-American Convention on Forced Disappearance of Persons, ratified by Colombia, as well as the Rules and Regulations of the Commission itself.

This power is also consistent with the authority held by other human rights organs to issue urgent protective measures to protect fundamental rights, including, for example, the International Court of Justice, the European Court for Human Rights, and the United Nations Committee Against Torture, among many others. These bodies have issued binding measures of protection, not only to protect life and integrity, but also other rights, like the right to family and property.

Thus, the Colombian Executive’s assertion that the precautionary measures are “requests” and only binding when protecting life and integrity is untenable in relation to international human rights law.

CEJIL notes that on numerous occasions the Colombian Constitutional Court itself has recognized that the measures are obligatory and that the State must comply. The Court specifically stated in the T-558-03 sentence that the measures assume, “a legal act adopted by an international organ for the protection of fundamental human rights, whereby the State is urged to adopt, in the shortest time possible, administrative or legal measures to cease a threat to a particular human right.” This position has served as jurisprudence of the Constitutional Court and been reiterated on various occasions.

Historically, the Colombian authorities have been willing to cooperate with the international organs for the effective application of these measures. Consequently, President Santos’s decision contradicts the country’s former position within the Inter-American Human Rights System.

In its resolution, the IACHR mentions the particular importance to preserve the political rights of public officials who are elected by popular vote due to their importance to the democratic system. In addition, it states that, in the face of any process resulting in the removal or disqualification of said officials, the parameters guaranteed by the American Convention must be respected.

In light of these events, CEJIL reminds the Sate of Colombia, as well as the powers that comprise it, of its international obligations. According to Viviana Krsticevic, CEJIL’s Executive Director, “the Colombian Executive decision generates a profound concern because it violates the application of international conventions on human rights, erodes the democratic system and minimizes the legitimacy of the Inter-American System.”

Resolution on Precautionary Measure in Spanish

Amicus Curiae Presented to the State Council by CEJIL (Spanish only)

Press Contact

Daniela Araya

+506 22807473

daraya@cejil.org

 

Syndicate content