Advocacy before the Inter-American Commission on Human Rights

Charles Abbott Staff Attorney, CEJIL

CEJIL Impact litigation before the Inter- American Human Rights System Empowering human rights defenders Strengthening IAS

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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 States Canada 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 ( ) 2) Rosa Maria Ortiz ( ) 3) James Cavallaro ( ) 4) Paolo Vannuchi ( ) 5) Rose-Marie Belle Antoine ( ) 6) José de Jesús Orozco ( ) 7) Tracy Robinson ( )

Inter-American System Mechanisms for the Protection of Human Rights Inter-American Commission on Human Rights Contentious Jurisdiction Individual Complaints Precautionary Measures Reports Country Reports Follow up Reports Thematic Reports Other Tools Recommendations Advisory Services Statements Hearings Rapporteurs On-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 Commission Members’ 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 conclusions consistent 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) CEJIL PROCEDURE 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 Measures Requirements 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

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