The Inter-American Court of Human Rights held its XXIV Special Session and its XLIX Regular Session at its seat in San José, Costa Rica from November 12 to 25, 2000. During this session, the Court heard the following matters:

1. Bamaca Velasquez Case. Merits Stage. During this session, the Court deliberated and, on November 25, passed a Judgment on the merits in this case. In this judgment the Court decided:

unanimously,

1. to declar[e] that the State violated, to the detriment of Efrain Bamaca, the right to personal liberty recognized in Article 7 of the American Convention on Human Rights.

unanimously,

2. to declar[e] that the State violated, to the detriment of Efrain Bamaca Velasquez, as well as Jennifer Harbury, Jose de Leon Bamaca Hernandez, Egidia Gebia Bamaca Velasquez, and Josefina Bamaca Velasquez, the right to humane treatment recognized in Article 5.1 and 5.2 of the American Convention on Human Rights.

unanimously,

3. to declar[e] that the State violated, to the detriment of Efrain Bamaca Velasquez, the right to life recognized in Article 4 of the American Convention on Human Rights.

unanimously,

4. to declar[e] that the State violated, to the detriment of Efrain Bamaca Velasquez, Right to recognition of juridical personality recognized in Article 3 of American Convention on Human Rights.

unanimously,

5. to declar[e] that the State violated, to the detriment of Efrain Bamaca Velasquez, as well as Jennifer Harbury, Jose de Leon Bamaca Hernandez, Egidia Gebia Bamaca Velasquez, and Josefina Bamaca Velasquez, the right to judicial guarantees and protection recognized in Articles 8 and 25 of the American Convention on Human Rights.

unanimously,

6. to declar[e] that the State failed to comply with the general obligations of Articles 1.1 of the American Convention on Human Rights regarding the violations of substantive rights indicated in the above operative paragraph in the current Judgment.

unanimously,

7. to declar[e] that the State failed to comply, to the detriment of Efrain Bamaca Velasquez, with the obligation to avoid and punish torture in the terms stipulated in Articles 1, 2, 6, and 8 of the Inter-American Convention to Avoid and Punish Torture.

unanimously,

8. [...] that the State must order an investigation to find the individuals responsible for violations of the human rights referred to in this Judgment, as well as to disclose the results from said investigation and punish the liable parties.

unanimously,

9. [...] that the State must indemnify for damage caused by the violations referred to in operative paragraphs 1 to 7, thus commissioning the President to conveniently arrange the beginning of the reparations phase.

The Judges Cançado Trindade, Salgado Pesantes, Garcia Ramirez, and de Roux Rengifo informed the Court about its Reasoned Opinions regarding this Judgment.

2. Paz de San Jose de Apartado Community. Provisional Measures. On November 16, 2000 at 8:30, the Court held a public hearing on the points of view by the Inter-American Commission and the State of Colombia regarding the facts and circumstances prompting a request for provisional measures by the Commission on October 3, 2000 in favor of the residents of the Paz de San Jose de Apartado Community.

On November 24, 2000, the Inter-American Court issued an Order to ratify the Order of the President of the Inter-American Court of Human Rights on October 9, 2000 to order the State of Colombia to adopt any measures that may be necessary to protect the life and personal integrity of the 189 members of said Community. Moreover, the Court decided to:

1. Require the State of Colombia to extend, forthwith, the measures needed to protect the life and personal integrity of the other members of the Paz de San Jose de Apartado Community.

2. Require the State of Colombia to investigate the facts prompting the adoption of these provisional measures aimed at identifying the liable parties and impose them the corresponding punishment, and to inform on the situation of the individuals indicated in the above operative paragraphs.

3. Require the State of Colombia to adopt, forthwith, any measures as may be necessary to ensure that the beneficiaries of said measures to continue living in their usual residence.

4. Require the State of Colombia to guarantee the necessary conditions for the residents of the Paz de San Jose de Apartado Community who have been forced to move to other areas in the country, to go back home.

5. Require the State of Colombia to allow the petitioners to plan and implement measures and to keep them abreast of the measures ordered by the Inter-American Court of Human Rights.

6. Require the State of Colombia to inform the Inter-American Court of Human Rights every two months as of the notice of the current Order, regarding provisional measures adopted to implement thereof.

7. Require the Inter-American Commission of Human Rights to submit its remarks to the reports on the State of Colombia six weeks after receiving them.

Judges Abreu Burelli and Garcia Ramirez notified the Court about their Concurring Reasoned Opinions about this Order.

3. Mayagna (Sumo) Awas Tingni Community Case: Merits Phase. On November 16, 17, and 18 the Court held, at its seat, a public hearing on the merits of this case and received the declarations of the witnesses and experts proposed by the parties who stated their knowledge of the application facts and other related matters.

4. Ivcher Bronstein Case: Merits. On November 20 and 21, the Court held, at its seat, a public hearing on the merits of this case, and received the declarations of the witnesses and experts who stated their knowledge of the application facts and other related matters. Moreover, on November 21, 2000 the Court issued an Order to adopt provisional measures in the current case. In said Order the Court decided to:

1. Require the State of Peru to adopt, forthwith, any measures as may be necessary to protect the physical and moral integrity and the right to judicial guarantees of Mr. Baruch Ivcher Bronstein, his wife, Noemi Even de Ivcher, and his daughters, Dafna Ivcher Even, Michal Ivcher Even, Tal Ivcher Even, and Hadaz Ivcher Even.

2. Require the State of Peru to adopt, forthwith, any measures as may be necessary to protect the physical and moral integrity and the right to judicial guarantees of Rosario Lam Torres, Julio Sotelo Casanova, Jose Arrieta Matos, Emilio Rodriguez Larrain, and Fernando Viaña Villa.

3. Require the State of Peru to inform the Inter-American Court of Human Rights at the latest on December 5, 2000 regarding provisional measures adopted to comply with the current Order and from that moment on, to continue submitting its reports every two months.

4. Require the Inter-American Commission of Human Rights to submit its remarks to the reports on the State of Peru six weeks after receiving them.

As far as the Court is concerned, on November 23, 2000 the Court issued its second Order to:

1. Require the State of Peru to adopt, forthwith, any measures as may be necessary to protect the physical and moral integrity and the right to judicial guarantees of Mr. Menachem Ivcher Bronstein and Roger Gonzalez.

2. Require the State of Peru that, in its first report on provisional measures ordered by the Inter-American Court of Human Rights on November 21, 2000 to inform about pressing orders adopted to comply with the current Order, and, from that moment on, to continue submitting its reports every two months.

3. Require the Inter-American Commission of Human Rights to submit its remarks to the reports on the State of Peru six weeks after receiving them.

5. Constitutional Court Case: Merits. On November 22-23, the Court held, at its seat, a public hearing on the merits of this case and received the declarations of the witnesses and experts proposed by the Commission who stated their knowledge of the application facts and other related matters.

6. Villagran Morales Case: Reparations. On November 15, 2000 the Inter-American Court issued an Order to:

1. Require the State to send to the Court all the information available on the current place of residence or work or any other location where the relatives of Federico Clemente Figueroa Tunchez and Jovito Josue Juarez Cifuentes can be found. Moreover, require the State to inform said individuals under its jurisdiction through the mass media (newspaper, radio, and television), that the Court has passed Judgment on the merits of the Villagran Morales case and others (“Homeless Children” case), and that they have to get in contact with the Court as soon as possible [...]

2. Instruct the Secretariat of the Inter-American Court of Human Rights so that as soon as it receives the addresses and information on how to find the victims and their families in this case, notifies them about the merits judgment and any other information to comply with Articles 23 and 57 of the Rules of Procedure of the Court.

7. Alvarez Case: Provisional Measures. On November 12, 2000 the Court issued an Order to keep the provisional measures adopted in this case in favor of the members of the Family Association of Missing Detainees of Colombia and ratify the Order of the President on October 11, 2000 to extend said measures to protect the right to life and personal integrity of the members of said Association, Angel Quintero, Claudia Patricia Monsalve, Marta Soto, Silvia Quintero, Gloria Herney Galindez, Gladys Avila, and Rocio Bautista.

8. El Amparo Case: Supervision of judgment compliance. On November 20, 2000 the Court issued an Order to:

1. Request the State of Venezuela and the Inter-American Commission to reach an agreement regarding compliance matters of reparations judgment mentioned in paragraph 1 of [said] Order.

2. Require the State of Venezuela and the Inter-American Commission, at the latest on June 1, 2001, to submit to the Court a final report on controversial issues mentioned in the previous operative paragraph.

9. Garrido and Baigorria Case: Supervision of judgment compliance. On November 20, 2000 the Inter-American Court issued an Order to:

Require the State of Argentina, at the latest on January 29, 2001, to submit to the Court a final report on actions taken to comply with the reparations judgment delivered on August 27, 1998 that are pending.

10. Caracazo Case: Reparations. On November 21, 2000 the Inter-American Court issued an Order to:

1. Require the State of Venezuela to send to the Court all the information available on the current place of residence or work or any other information on how to find the relatives of Hector Ortega Zapata, Boris Eduardo Bolivar Marcano, Jesus Alberto Cartaya, Hector Lugo Cabriles, Elsa Ramirez Caminero, Sabas Reyes Gomez, Alis Flores Torres, Abelardo Antonio Perez, and Jesus Rafael Villalobos. Moreover, require the State to inform said individuals under its jurisdiction through the mass media (newspaper, radio, and television) that the Court has passed judgment on the merits of the Caracazo case, and that they have to get in contact with the Court as soon as possible. [...]

2. Instruct the Secretariat of the Inter-American Court of Human Rights so that as soon as it takes delivery of addresses and other information on the victims and families in this case, to notify them on the merits of the judgment and any other information that may be necessary to comply with Articles 23 and 57 of the Rules of Procedure of the Court.

11. Amendments to the Rules of Procedure of the Inter-American Court of Human Rights. During this session, the Court, when considering judgments and consultative opinions, calls for a continuous assessment of proceedings set up in the Rules of Procedures, evaluated rules therein, and preliminarily adopted new Rules of Procedure. These Rules of Procedure, in its final revision stage, will come into effect as of June 1, 2001.

12. Other matters: On November 22, the Court held a panel discussion at its seat and organized by the United Nations High Commissioner for Refugees and the Inter-American Court of Human Rights regarding human rights, refugees, and human mobility. Several members of the Diplomatic Corps and university communities attended this event.

The composition of the Court is the following: Antônio A. Cançado Trindade (Brazil), President; Maximo Pacheco Gomez (Chile), Vice-President; Hernan Salgado Pesantes (Ecuador); Oliver Jackman (Barbados); Alirio Abreu Burelli (Venezuela); Sergio Garcia Ramirez (Mexico), and Carlos Vicente de Roux Rengifo (Colombia). The Secretary of the Court is Manuel E. Ventura Robles and the Deputy Secretary, Renzo Pomi.

The Inter-American Court of Human Rights is an autonomous judicial institution of the Organization of American States, formally established in 1979. It is formed by jurists of the highest moral standing and competence in the area of Human Rights. Judges are elected in an individual capacity by the OAS General Assembly and cannot serve for more than two six-year terms.

For further information, please contact:

Manuel E. Ventura Robles, Secretary

Inter-American Court of Human Rights

PO Box 6906-1000, San Jose, Costa Rica

Phone (506) 234-0581. Fax (506) 234-0584

Email:

San Jose, December 1, 2000

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Footnotes

^(*) The contents of this release are the responsibility of the Secretariat of the Inter-American Court of Human Rights. The official text of the documents referred to may be obtained by submitting a written request to the Secretariat at the address provided at the end of this document.