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Inter-American Commission on Human Rights (IACHR): Decision on Request for Precautionary Measures (Detainees at Guantanamo Bay, Cuba)*

Published online by Cambridge University Press:  18 May 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 41 , Issue 3 , May 2002 , pp. 532 - 535
Copyright
Copyright © American Society of International Law 2002

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Footnotes

*

This document was reproduced and reformatted from the text provided to the ILM Office by the Iachr.

References

End notes

1 As this request was considered while the Commission was in session, these precautionary measures were approved by all eligible members of the Commission present, namely: Juan Méndez, President; Marta Altolaguirre, First Vice-President; José Zalaquett, Second Vice-President; Julio Prado Vallejo and Clare Kamau Roberts, Commissioners. Commissioner Robert K. Goldman did not take part in the discussion and voting on these precautionary measures, pursuant to Article 17(2) of the Commission's Rules of Procedure.

2 Article 25(1) of the Commission's Rules of Procedure provides: “In serious and urgent cases, and whenever necessary according to the information available, the Commission may, on its own initiative or at the request of a party, request that the State concerned adopt precautionary measures to prevent irreparable harm to persons.“

3 See e.g. American Convention on Human Rights, Art. 63(2); Rules of Procedure of the Inter-American Court of Human Rights, Art. 25: Statute of the International Court of Justice, 59 Stat. 1055, Art. 41; Rules of Procedure of the United Nations Human Rights Committee, U.N. Doc. CCPR/C/3/Rev.6, Art. 86; Rules of Procedure of the European Commission of Human Rights, revised Rules updated to 7 May 1983, Art. 36; Rules of Procedure of the African Commission on Human and Peoples’ Rights, adopted on 6 October 1995, Art. 111.

4 See Regulations of the Inter-American Commission on Human Rights, approved by the Commission at its 660'h Meeting, 49'” session held on April 8, 1980, and modified at its 64'h, 7O'\ 90'” and 92nd sessions, Art. 29; Rules of Procedure of the Inter-American Commission on Human Rights, approved by the Commission at its 109'h special session held from December 4 to 8, 2000, Art. 25; Annual Report of the IACHR 1996, Chapter 11(4); Annual Report of the IACHR 1997, Chapter III(II)(A); Annual Report of the IACHR 1998, Chapter ni(2)(A); Annual Report of the IACHR 1999, Chapter III(C)(1); Annual Report of the IACHR 2000, Chapter III(C)(1).

5 See IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEASer.L/V/II. 111 doc. 21 rev. (6 April 2001), paras. 71 - 72; Juan Raul Garza v. United States Case No. 12.243, Report No. 52/01, Annual Report of the IACHR 2000, para. 117.

6 See Court H.R., I/A, Advisory Opinion OC-10/89, July 14, 1989, “Interpretation of the American Declaration of the Rights and Duties of Man within the Framework of Article 64 of the American Convention on Human Rights,” Ser. And 10, paras. 43–46;Google Scholar James Terr, Roach and Jay Pinkerton v. United States Case 9647, Res. 3/87, 22 September 1987, Annual Report of the IACHR 1986-87, paras. 46- 49; Michael Edwards et al. v. Bahamas, Case No 12.067, Report No. 48/01, Annual Report of the IACHR 2000.

7 The determination of a state's responsibility for violations of the international human rights of a particular individual turns not on that individual's nationality or presence within a particular geographic area, but rather on whether, under the specific circumstances, that person fell within the state's authority and control. See e.g. Saldaño v. Argentina Report No. 38/99, Annual Report of the IACHR 1998, paras. 15-20; Coard et al. v. United States Case No. 10.951, Report No. 109/99, Annual Report of the IACHR 1999, para. 37, citing, inter alia. IACHR, Report on the Situation of Human Rights in Chile, OEA/Ser.L/V/II.66, doc. 17. 1985, Second Report on the Situation of Human Rights in Suriname, OEA/Ser.L/V/II.66, doc. 21, rev. 1, 1985. See similarly Eur. Comm. H.R., Cyprus v. Turkey 18 Y.B. Eur. Conv. Hum. Rgts. 83 (1975) at 118; Eur. Comm. H.R., Case of Loizidou v. Turkey Preliminary Objections, Judgment of 23 March 1995, Series A No. 310, paras. 59-64.

8 See generally Abella v. Argentina Case No. 11.137, Report No. 5/97, Annual Report of the IACHR 1997; Coard et. al. v. United States, supra; IACHR, Third Report on the Situation of Human Rights in Colombia, OEA/Ser.L/V7II.102 doc. 9 rev. 1, 26 February 1999.

9 Abella Case, supra para. 158.

10 Id. para. 159.

11 Id. para. 160-1.

12 ICJ, Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons ICJ Reports 1996, para. 25. See also Abella Case, supra para. 161; Coard et al. Case, supra para. 42.

13 See e.g. Remarks by the President in Photo Opportunity with the National Security Team, Office of the Press Secretary, September 12, 2001, http://whitehouse.gov/news/releases/2001/09/20010912-4.html.

14 See e.g. Radio Address of the President to the Nation, Office of the Press Secretary, October 13, 2001, http://www.whitehouse.gov/ news/releases/2001 /10/20011013 .html.

15 See e.g. Jim Garamone, 50 Detainees now at Gitmo; All Treated Humanely, American Forces Press Service, January 15, 2002, http://www.defenselink.mil/news/Jan2002/n01152O02_2O02Ol 151 .html.

16 See White House Fact Sheet, Status of Detainees at Guantanamo, Office of the Press Secretary, February 7,2002, http://www.whitehouse.gov/news/releases/2002/02/20020207-13.html.