Advocacy before the Inter-American Commission on Human Rights
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Transcript of Advocacy before the Inter-American Commission on Human Rights
Advocacy before the Inter-American Commission on Human Rights
Charles AbbottStaff Attorney, [email protected]
CEJIL• Impact litigation before the Inter-
American Human Rights System• Empowering human rights defenders• Strengthening IAS
www.cejil.org
Video:
http://www.ijrcenter.org/ihr-reading-room/regional/inter-american-system/
What is the IACHR?• Principle, autonomous human rights body with
jurisdiction over OAS Member States.
• Instruments:– OAS Charter– American Declaration of the Rights and Duties of Man– American Convention on Human Rights, etc.
• Functions: Promote respect for and defense of human rights
What does the IACHR do?• Individual Petitions• Precautionary Measures• Public Hearings (case-specific or thematic)• Reports• On-site visits • Rapporteurs• Press Releases and Declarations• Monitoring Implementation
Ratifications and Jurisdiction
Have not ratified the ACHR
United StatesCanada
Cuba*
Ratified the ACHR, but did not accept the jurisdiction of
the I-A Court
Ratified the ACHR and accepted the jurisdiction of the
I-A Court
Dominica
Grenada
Jamaica
Mexico
Colombia
Brazil
Argentina
The Inter-American Commission on Human Rights Current Commisioners:
1) Felipe González
(2008-2015)2) Rosa Maria Ortiz
(2012-2015)3) James Cavallaro
(2014-2017)4) Paolo Vannuchi
(2014-2017) 5) Rose-Marie Belle Antoine
(2012-2015)6) José de Jesús Orozco
(2010-2017)
7) Tracy Robinson
(2012-2015)
Inter-American SystemMechanisms for the Protection of Human Rights
Inter-American Commission on Human Rights
Contentious Jurisdiction
Individual ComplaintsPrecautionary Measures
ReportsCountry Reports
Follow up ReportsThematic Reports
Other ToolsRecommendationsAdvisory Services
StatementsHearings
RapporteursOn-site visits
CEJIL
• Established in response to the IACHR’s specific interest in certain populations, vulnerable groups or human rights issues.
• Their main role is to support the IACHR in cases in progress, as well as in the preparation of reports and monitoring of situations.
IACHR Rapporteurships
• Thematic Rapporteurs on the Rights of:– Women– Persons deprived of liberty– Migrant workers and their families – Children– Indigenous peoples – Afro-descendants – Special Rapporteur on Freedom of Expression– Human Rights Defenders
• Country Rapporteurs• LGBTI Unit
Inter-American CommissionMembers’ Responsibilities
CEJIL
Jurisdiction
• Ratione materiae– Scope of rights protected
• Ratione personae– Active legitimation (who can file) – Passive legitimation (against who)
• Ratione temporis • Ratione loci: State jurisdiction
Admissibility
• Six-month rule • Exhaustion of domestic remedies • Litis pendence
• Rationale: – complementary character of international
protection• Criteria for Interpreting this Rule:
– should not lead to a halt or delay that would render international action in support of the defenseless victim ineffective
– effete utile
Rule of Exhaustion of Domestic Remedies
CEJIL
Requirements of Domestic Remedies:– judicial– ordinary– adequate: suitable to address the infringement of a legal right
• not all remedies applicable in every instance• if a remedy is not adequate in a specific case, it need not be
exhausted– effective: capable of producing the result for which the
remedies were intended• a remedy is NOT effective if:
– it is powerless to compel authorities– it presents danger to those who invoke it– it is not impartially applied
Rule of Exhaustion of Domestic Remedies
CEJIL
• Domestic legislation does not afford due process of law
• Party alleging violation has been denied access to the remedies under domestic law or has been prevented from exhausting them
• Unwarranted delay
Exceptions to the Exhaustion of Domestic Remedies: IACHR Rules of Procedure - Art. 31(2)
CEJIL
• Determining a State’s international responsibility for violation of a person’s human rights allows for broad evidentiary standards in accordance with the rules of logic and on the basis of experience:– direct evidence (testimonial, documental,
etc.) and – circumstantial evidence (indicia,
presumptions, etc.) so long as it is possible to infer conclusionsconsistent with the facts
Admissibility
CEJIL
The petition shall be studied in the order it was received; however, the Commission may expedite the evaluation of a petition in situations such as the following: • a. when the passage of time would deprive the petition of its
effectiveness, in particular: – i. when the alleged victim is an older person or a child; – ii. when the alleged victim is terminally ill; – iii. when it is alleged that the death penalty could be applied to the
presumed victim; or – iv. when the object of the petition is connected to a precautionary or
provisional measure in effect
How might you speed up a case? IACHR Rules Art. 29
CEJIL
Report on Admissibility
Registry and beginning of the case
ADMISSIBILITY PROCEDURE
Report on Inadmissibility
Transfer to the State and State’s Answer
IACHR
Petition
Optional Request for Additional Information
Transfer to
Petitioners
Decision on the
merits (art. 43)
CEJILPROCEDURE ON
THE MERITS (IACHR)
Petitioner’s Brief on the
Merits
State Responds
Hearing
Additional
Information
Notification of Compliance Deadline to State and Petitioner
• Commission may issue precautionary measures when:– serious and urgent case– necessary to avoid irreparable harm, and– denounced facts are credible
• Request for such measures and their adoption shall not prejudice final decision
• Don’t need to exhaust all domestic remedies (but need to prove domestic action or justify inaction)
Precautionary MeasuresRequirements
IACHR Rules of Procedure - Art. 25
CEJIL
Positive Outcomes from International Human Rights Litigation
• Involve Member States in a dialogue• Create spaces for coordination / movement-
building• Provide redress to victims and/or family
members• Create awareness of an issue• Change patterns and practices• Create additional guarantees against non-
repetition• Give legitimacy to a claim• Change domestic laws, constitutions• Prosecution and/or punishment of perpetrators • Protect persons in danger
Challenges
• Representation
• Backlog
• Costs
• Implementation of Judgments
Thank you!