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
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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
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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


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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
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CEJIL, DPLF and WOLA express their concern for the appointment of retired General Daniel Urresti as Minister of the Interior in Peru

Urresti is currently under investigation for his participation in the murder of a journalist, Hugo Bustíos, in 1988

Washington D.C., July 8, 2014. In the wake of the President of the Republic of Peru’s, Ollanta Humala, recent appointment of retired General Daniel Urresti as Minister of the Interior, the signing organizations express their deep concern about the new Minister as he is a subject of a criminal investigation by the commission for grave human rights violations that occurred during Peru’s internal armed conflict.

Thu, 08/21/2014

Washington D.C., July 8, 2014. In the wake of the President of the Republic of Peru’s, Ollanta Humala, recent appointment of retired General Daniel Urresti as Minister of the Interior, the signing organizations express their deep concern about the new Minister as he is a subject of a criminal investigation by the commission for grave human rights violations that occurred during Peru’s internal armed conflict.

As stated by the Institute for Legal Defense (Instituto de Defensa Legal, IDL) last week, Urresti is under investigation as the alleged mastermind of the murder of Hugo Bustíos, journalist and correspondent for the magazine, “Carretas,” on November 24, 1988. Bustíos, along with his colleague Eduardo Rojas Arce, were investigating the murder of two civilians in the outskirts of the city of Huanta, after having asked the Chief of the Castropampa Military Base, Víctor La Vera Hernández, for permission to access the area. On the way to Huanta, Bustíos and Rojas Arce were attacked with gun fire. Bustíos was hit with a bullet, lost control of the motorcycle he was driving and fell. Rojas Arce was able to save himself. The attackers placed a detonating explosive over Bustíos’s injured body, causing his death. Urrestí, an Army captain at that time, worked as Head of the S-2 Military Intelligence Branch (Sección de Inteligencia S-2) at the Castropampa base in Ayacucho.

The initial investigation was initiated by the military court, but subsequently closed. In light of this, CEJIL and other organizations, including the national headquarters of COMISEDH, brought the case before the Inter-American Commission on Human Rights, which in 1997 found the Peruvian State responsible for the murder of Hugo Bustíos and the attack on Eduardo Rojas Arce.

The Truth and Reconciliation Commission resumed the investigation on the case, and in 2007, the National Criminal Court condemned officers Víctor La Vera Hernández and Amador Vidal Sanbertoa, 17 and 15 years old, respectively, for the murder and attempted murder of Bustíos and Rojas Arce. The investigation continued in order to establish the identity of others responsible, and on June 17, 2013, the judiciary ordered to open an investigation against Urresti. It stated that on November 24, 1988, both journalists were, “ambushed and attacked by members of the Peruvian military from the Castropampa Military Base under the orders of Officer Daniel Belisario Urresti Elera known as “Arturo,” along with the participation of Sergeant Johny José Zapata Acuña known as “Centurión” and other unidentified members of the Military.”

Along with other pieces of evidence, the existence of the order to open an investigation of Urresti has been supported by statements made by members of the Peruvian military at the Castropampa Base in November 1988. Based on these statements, Urresti is being investigated for his role as the mastermind of the murder of Bustíos and the attempted murder of Rojas Arce, both classified as crimes against humanity.

As noted by Viviana Krsticevic, CEJIL’s Executive Director, “the IACHR determined that Peru was responsible for the murder of Bustíos and for violating the personal integrity of Rojas Arce, as well as violating the freedom of expression of both victims because they were journalists. The Peruvian President’s decision to offer a public position to a person under investigation for grave acts sends a message of disrespect for the work of the judicial power in combating impunity, as well as being a direct affront to the victims of grave human rights violations in Peru.”

For Katya Salazar, Executive Director of DPLF, “this case is emblematic because it was investigated by the Peruvian Truth Commission, which recommended the investigation and prosecution of all those responsible. President Humala’s decision to “evaluate the case” and to conclude that there is not sufficient evidence is an attack on judicial independence and implies “rewarding” a person accused of these grave violations.”

Joe-Marie, a Senior Fellow at WOLA, considers that, “the President should rectify this decision because it is detrimental to the process followed in Peru to find truth, justice and reparation for victims of the internal armed conflict in Peru, and it gravely affects the consolidation of democratic institutions. Urresti should be removed from his position and brought to justice for this case. Additionally, the Ollanta Humala government should reaffirm its promise to protect the physical integrity of relatives and witnesses in this case as well as in others under investigation.”

Based on the above, the organizations respectfully ask the Peruvian authorities to respect the actions of the Judicial Power and to guarantee the independence of the investigations and procedures that are followed to determine the responsibilities of all the perpetrators of the murder of Hugo Bustíos. Additionally, the organizations urge the Judicial Power to suspend General Urresti from his post as Minister of the Interior until his criminal role in the Bustíos case is clarified.

Links of interest:

  • Order to open the investigation against Daniel Urresti (auto de apertura de instrucción), June 17, 2013, (Spanish only)

http://www.scribd.com/doc/232302402/Daniel-Urresti-Autoapertorio-del-caso-del-periodista-Hugo-Bustios

Press Contact

Daniela Araya

+506 22807473

daraya@cejil.org

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


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