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Thursday, July 31, 2008

IACHR Will Demand Chavez Regime for Violations of Human Rights

N° 31/08

IACHR TAKES CASES TO INTER-AMERICAN COURT OF HUMAN RIGHTS

Washington, July 31, 2008 — The Inter-American Commission on Human Rights (IACHR) submitted three cases to the Inter-American Court of Human Rights during the month of July, against Peru, Venezuela, and Guatemala.

On July 11, 2008, the IACHR filed an application with the Inter-American Court against Peru in Petition No. 11.385, Kenneth Ney Anzualdo Castro. The case involves the forced disappearance, at the hands of State agents, of 25-year-old student Kenneth Ney Anzualdo Castro, an act that occurred in Callao on December 16, 1993; the subsequent lack of due diligence in the investigation, prosecution, and punishment of those responsible; and the lack of adequate reparations to the victim’s relatives. The IACHR concluded in its report on the merits that the State of Peru is responsible for violating Mr. Anzualdo’s rights to life, to humane treatment, to personal liberty, to the recognition of juridical personality, to a fair trial, and to judicial protection, as well as his family members’ rights to humane treatment, to a fair trial, and to judicial protection.

On July 25, 2008, the IACHR filed an application with the Inter-American Court against Venezuela, in Petition No. 12.554, Francisco Usón Ramírez. The facts refer to the filing of criminal proceedings under military jurisdiction against Retired General Francisco Usón Ramírez for the crime of insults to the National Armed Forces, and his subsequent sentencing to a prison term of five years and six months, as the result of statements Mr. Usón made in a television interview about matters that were controversial and in the public debate. The IACHR concluded in its report on the merits that the State of Venezuela violated Mr. Francisco Usón Ramírez’s rights to freedom of expression, to personal liberty, to a fair trial, and to judicial protection.

On July 30, 2008, the IACHR filed an application with the Inter-American Court against Guatemala, in Petition No. 11.681, Las Dos Erres. The case involves the lack of due diligence in the investigation, prosecution, and punishment of those responsible for the massacre of 251 residents of the village of Las Dos Erres, in the municipality of La Libertad, department of Petén, an act carried out by members of the Guatemalan Army between December 6 and 8, 1982. The IACHR concluded in its report on the merits that the State of Guatemala is responsible for violating the rights to life, to humane treatment, to personal liberty, to the recognition of juridical personality, to the protection of families and children, to private property, to a fair trial, and to judicial protection, with prejudice to the 251 individuals who died in the massacre of Las Dos Erres, the two survivors, and 155 relatives. The Commission values the State of Guatemala’s positive attitude in acknowledging the facts and its consequent responsibilities, as well as its efforts to seek reparations for human rights violations suffered by the victims in this case. However, it is the duty of the Guatemalan State to provide an adequate judicial response, to establish the identity of those responsible, and to prosecute and punish them accordingly.

Useful Links

Admissibility Report No. 36/06, on Petition 577-05, Francisco Usón Ramírez, Venezuela

IACHR Web site

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