III Inter-American System
| DOI | 10.1177/016934410502300407 |
| Date | 01 December 2005 |
| Published date | 01 December 2005 |
| Author | Claudia Martin |
| Subject Matter | Part B: Human Rights News |
648
III INTER-AMERICAN SYSTEM
CLAUDIA MARTIN*
1. INTER-AMERICAN COURT ON HUMAN RIGHTS
During the period covered by this report, the Inter-American Court on Human
Rights (hereinafter the ‘Court’) issued several decisions on the merits, which
include: Moiwana Village vs Suriname,Yakye Axa Indigenous Community vs Paraguay,
Fermı
´n Ramı
´rez vs Guatemala,Yatama vs Nicaragua,Acosta Caldero
´nvs Ecuador,Yean and
Bosico vs Dominican Republic,Gutie
´rrez Soler vs Colombia,Raxcaco
´Reyes vs Guatemala, and
Mapiripa
´n Massacre vs Colombia. Moreover, the Court, exercising its discretion to
decide whether to review requests for advisory opinions, rejected consideration of
two of such requests submitted by the Inter-American Commission on Human
Rights and the Government of Costa Rica, respectively.
The present report will analyse current developments in the case law of the Court
regarding the compatibility of corporal punishment with the American Convention
on Human Rights (hereinafter ‘American Convention’ or ‘Convention’). Also, it will
review two decisions issued by this tribunal in which it provides a far-reaching
protection to the collective rights of indigenous or ethnical communities.
The full text of the decisions mentioned in this report can be found in the
website of the Inter-American Court at www.corteidh.or.cr.
Corporal Punishment
In Caesar vs Trinidad and Tobago, the Court examined for the first time the
compatibility of corporal punishment with the American Convention. The High
Court of Trinidad and Tobago condemned the alleged victim in this case, Winston
Caesar, for the crime of attempted rape. He was sentenced to 20 years in prison with
forced labour, in addition to 15 slashes with the ‘cat with nine tails’. The State’s
Corporal Punishment Law allows a male delinquent over the age of 18 to be beaten
with a ‘cat with nine tails’, or with any other object approved by the President, in
addition to receiving a prison sentence. The object consists of nine cords of
interwoven cotton, each cord approximately 30 inches long and at least a quarter of
an inch in diameter, and is discharged on the prisoner in between his shoulders and
lower back. Petitioners argued, inter alia, that Trinidad and Tobago’s Corporal
Punishment Law in itself and as applied to the victim in this case violated the right
not to be subject to torture or other cruel, inhumane and degrading treatment as
protected by Article 5 of the American Convention.
Similar to previous cases decided against Trinidad and Tobago, the Court
asserted jurisdiction despite the State’s decision to denounce the American
* Co-Director of the Academy on Human Rights and Humanitarian Law and Professorial Lecturer in
Residence, American University, Washington College of Law. I would like to thank the research and
editing support provided by Maria Alejandra Duarte.
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