V AFRICA
| Date | 01 March 1996 |
| Author | Susanne Malmström,Gerd Oberleitner |
| Published date | 01 March 1996 |
| DOI | 10.1177/092405199601400109 |
| Subject Matter | Article |
NQHR
1/1996
observations. On the basis
of
these eventual observations, the Commission will prepare a
final draft to be presented to the OAS General Assembly.
Inter-American
Court
of Human Rights
The most important news about the Court is that on 8 December 1995, the Court found
that Colombia had violated the rights set forth in Article 4 (right to life), Article 5 (right
to personal integrity), Article 7 (right to personal freedom), Article 8 (right to a fair trial)
and Article 25 (right to judicial protection) with respect to Isidro Caballero Delgado and
Maria del Carmen Santana (for more information on this case, see
NQHR
1995, Vol. 13,
No.3).
The Court has decided that compensation has to be paid to the families
of
the
victims and that Colombia has an obligation to continue criminal procedures for the
disappearance and alleged death
of
these two individuals so as to find the authors
of
these
crimes and punish them according to the law.
The Court has received new cases in 1995. One is the case Castillo Pdez against Peru.
Mr. Castillo Paez was arrested by agents
of
the National Police in October 1990 and has
not been seen since. A second case is that
of
Loayza Tamayo against Peru, for illegal
deprivation
of
liberty; torture and cruel, inhuman and degrading treatment; lack
of
a fair
trial; and double conviction based on the same facts. A third case is the case Paniaqua
Morales and others against Guatemala, for the alleged kidnapping and assassination
of
several people during 1987 and 1988. A fourth case is that
of
Blake against Guatemala,
where Guatemala is accused
of
having arbitrarily and illegally arrested Mr. Blake and Mr.
Davis, on 28 March 1985. These two individuals have since disappeared. In these four
cases preliminary exceptions have been interposed. A fifth case is the case Garrido y
Baigorria against Argentina, for the arrest and subsequent disappearance
of
these two
individuals in Mendoze, in 1990.
The Court has also received arequest
of
provisional measures in a case which is still
at the Commission stage, the case
of
Carpio Nicolle against Guatemala. Mr. Carpio was
a former presidential candidate
of
Guatemala who was assassinated in 1993. The measures
were requested on behalf
of
several witnesses
of
the events and
of
the Public Prosecutor
in the case in Guatemala. The measures were ordered by the Court.
VAFRICA
Susanne Malmstrom and Gerd Oberleitner
18th
Ordinary
and
2nd Extra-ordinary Session of the African Commission on
Human
and
Peoples' Rights
The African Commission on Human and Peoples' Rights held its 18th ordinary session
in Praia, Cape Verde, from 2 to
II
October 1995. As in the previous years, the session
was preceded by the workshop on
NGO
participation in the African Commission.
The
workshop, the 9th, was convened by the International Commission
of
Jurists (ICJ) in
collaboration with the African Commission from 29 September to IOctober and was
attended by more than 40 African and international NGOs.
The 18th session
of
the African Commission saw changes in the composition
of
the
Commission. At its meeting in June 1995 the
OAU
Assembly
of
Heads
of
State and
Government elected Mr. Kamel Rezag-Bara from Algeria and Ms. Julienne Ondziel-
Gnelenga from Congo for a four-year period. They replace Commissioners Badawi
92
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