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 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

(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 Complaints

Precautionary Measures

Reports

Country Reports

Follow up Reports

Thematic 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)

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 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!