University of Minnesota



CDH-CP1/01 English

PRESS RELEASE(*)


 

 

 

The Inter-American Court of Human Rights will hold its L Regular Session, at its seat in San Jose, Costa Rica, from January 29 to February 10, 2001. During this session, the Court will hear, among others, the following matters:

1. Baena Ricardo et al. Case (Panama): Merits Stage. During this session, the Court will deliberate on the possibility of passing judgment on the merits of this case. The Commission submitted the application in this Case on January 16, 1998, which refers to the alleged violations, by the State of Panama, of Articles 8 (Right to a Fair Trail), 9 (Freedom from Ex Post Facto Laws), 10 (Right to Compensation), 15 (Right of Assembly), 16 (Freedom of Association), 25 (Right to Judicial Protection) of the American Convention, in relation with Articles 1 and 2 of the same, as a result of the facts, occurred as of December 4, 1990, that caused the alleged arbitrary release of 270 public employees who had participated in a march for labor benefits as well as the process stemming therefrom, in which their judicial guarantees and their right to judicial protection were allegedly violated. The Commission also requested the Court to declare “that law number 25 and the rule established in Article 43 of the Panamanian Constitution, which permits laws concerning 'public order or social interest' to be retroactive, is contrary to the American Convention in the manner in which it was applied to this Case, and must therefore be modified or derogated pursuant to Article 2 of the said Convention.” Likewise, the Commission requested the Court to declare that Panama violated Articles 33 and 50(2) of the American Convention and that the State must reestablish the released workers in the enjoyment of their rights and compensate them.

2. Tribunal Constitucional Case: Merits Stage. During this session, the Court will deliberate on the possibility of passing judgment on the merits of this case. This Case was submitted by the Inter-American Commission on Human Rights on July 2, 1999. The application refers to the destitution of three Justices of the Constitutional Court of Peru (Ms. Delia Revoredo-Marsano de Mur, Mr. Manuel Aguirre-Roca and Mr. Guillermo Rey-Terry) on May 28, 1997, as a result of the decision of the said Court to declare Law 26.657 to be inapplicable. The said Law would have permitted a second presidential re-election, contrary to the provisions of the Peruvian Constitution. The Commission alleges that the aforesaid events violate, in prejudice of the alleged victims, the Right to Judicial Guarantees (Article 8 (1), (2.c),d),t)) the Right to Participate in Government (Article 23 (1.c)) and the Right to Judicial Protection (Article 25), all of them of the American Convention on Human Rights. Moreover, the Commission considers that Peru violated Article 1(1) in relation to its obligation to respect and ensure the rights and freedoms guaranteed under the Convention.

3. Olmedo Bustos Case: Merits Phase. During this session, the Court will deliberate on the possibility of passing judgment on the merits of this case. The application in this case was submitted by the Inter-American Commission of Human Rights on January 15, 1999 and refers to the alleged violations of some articles of the American Convention on Human Rights, arising from the judicial censorship, confirmed by the Supreme Court of Chile on June 17, 1997, of the exhibition of the film “The Last Temptation of Christ”. The Commission considers that the aforesaid decision violated the rights to Freedom of Expression and Freedom of Conscience and Religion, recognized by Articles 12 and 13 of the American Convention on Human Rights, in prejudice of the Chilean society and, in particular, of Juan Pablo Olmedo-Bustos, Ciro Colombara-Lopez, Claudio Marquez-Vidal, Alex Muñoz-Wilson, Matias Insulza-Tagle and Hernan Aguirre-Fuentes. The Commission also requested this Court, based on Article 63(1) of the American Convention, to order the reparations of the consequences of the violations object of its application.

4. Ivcher Bronstein Case: Merits Phase. During this session, the Court will deliberate on the possibility of passing judgment on the merits of this case. The application in this case, submitted by the Inter-American Commission on March 31, 1999, refers to the alleged violations in prejudice of Baruch Ivcher Bronstein, a Peruvian citizen by naturalization who was the main shareholder, Director and President of the Board of Directors of Channel 2 of the Peruvian television. The application is based upon the alleged arbitrary revocation, by the State of Peru, of Mr. Ivcher's title of peruvian nationality with the intent to deprive him of the editorial control of Channel 2 and restrict his freedom of speech, which had been imparting accusations of human rights violations and corruption. The Commission requested the Court to determine that the State of Peru had violated articles 20 (Right to Citizenship), 8 (Right to a Fair Trial), 13 (Right of Freedom of Thought and Expression), 25 (Judicial Protection), and 21 (Right to Private Property) of the American Convention on Human Rights all in relation with article 1(1) of the same.

The composition of the Court during this Regular Session 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. The Judges are elected in an individual capacity by the OAS General Assembly and cannot exercise their functions for more than two six year terms.

For further information, please address all requests to:

Manuel E. Ventura-Robles

Secretary, Inter-American Court of Human Rights

P.O. Box 6906-1000

San Jose, Costa Rica

Telephone: (506) 234-0581, Fax: (506) 234-0584

E-Mail: corteidh@racsa.co.cr

San Jose, January 16, 2001.


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 may be obtained by submitting a written request to the Secretariat at the address provided at the end of this document.

 

 

 



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