Inter-American Court of Human Rights

The Inter-American Court of Human Rights is an independent court based in San José, Costa Rica, which was founded in 1979 on the basis of the American Convention on Human Rights ( ACHR ).

Together with the Inter-American Commission on Human Rights, he has the task of the international legal provisions on the protection of human rights in the countries of the Organization of American States (OAS ) to enforce.

Since the United States, Canada and many Caribbean residents have not ratified the ACHR, the Inter-American System of Human Rights, consisting of the Convention and the Court will, also known as Latin-American system.

Advisory role

The Court examines and responds to requests that are made by OAS bodies or Member States concerning the interpretation of the Convention or of other relevant human rights institutions. He is also able to give advice to national legislation and draft legislation and to investigate whether they are in conformity with the American Convention on Human Rights.

Arbitration function

Whenever a State which accepts the American Convention on Human Rights ( signed and ratified ), has a related violation is charged, the Court must issue an decision.

The states that have ratified the ACHR not subject automatically the contentious jurisdiction of the Court, but only by a separate recognition. Of the 24 ACHR members of this 21 have done. There is a lack Dominica, Grenada and Jamaica. Currently only have Argentina, Bolivia, Colombia, Costa Rica, Chile, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay and Venezuela agreed to submit all decisions of the Court. The other states must agree individually to each ( relevant to them ) judgment.

The method is first opened by a written submission, the names the facts of the case, the victim, the evidence and witnesses. Thereafter, the case will (if it is accepted ) negotiated in Beisitz of 5 judges. The rulings can not be appealed (although there are a 90-day deadline for a "Request for Interpretation" ).

Composition

As stated in Chapter VIII of the Convention, the Court consists of seven judges " the highest moral authority" of the Member States of the OAS. They are elected by the OAS General Assembly for a 6-year period and may be re-elected, with no state can have two citizens in the court at the same time once.

An accused state without "own" judge may require that one of its citizens negotiations also as an ad hoc judge his case.

Judge

The Court has the following judges (March 2013):

Former judge

  • Rodolfo E. Piza Escalante (Honduras, 1979-1989 )
  • Máximo Cisneros Sánchez ( Venezuela, 1979-1985 )
  • Huntley Eugene Munroe ( Jamaica, 1979-1985 )
  • César Ordóñez (Peru, 1979-1981 )
  • Carlos Roberto Reina (Costa Rica, 1979-1985 )
  • Thomas Buergenthal (United States, 1979-1991 )
  • Pedro Nikken (Venezuela, 1979-1989 )
  • Rafael Nieto Navia ( Colombia, 1981-1988 )
  • Héctor Fix - Zamudio (Mexico, 1985-1994 )
  • Héctor Gros Espiell (Uruguay, 1985-1991)
  • Jorge R. Hernández Alcerro (Honduras, 1985-1989 )
  • Policarpo Callejas (Honduras, 1989-1991)
  • Orlando Tamayo Tovar (Venezuela, 1989-1991)
  • Sonia Picado Sotela (Costa Rica, 1989-1994)
  • Julio A. Barberis (Argentina, 1990-1991)
  • Alejandro Montiel Argüello (Nicaragua, 1992-1997)
  • Máximo Pacheco Gómez (Chile, 1992-1997)
  • Hernán Salgado Pesantes (Ecuador, 1992-1997)
  • Asdrúbal Aguiar Aranguren (Venezuela, 1991-1994)
  • Carlos Vicente de Roux Rengifo - (Colombia, 1998-2003)

Previous decisions

So far, 120 cases have been disputed by the Court decided 80 cases ( 65 %) alone since 2004. Topics included Justice fundamental rights and violations of the Inter-American Convention against Torture. In 113 of the 120 cases, a violation of the general duty of protection of Art.11 ACHR ( protection of honor ) was in addition to other rights violations detected. Also, were legal certainty, prohibition of inhuman and degrading treatment, respect for life and the thoughts and expression common points of contention.

Selection negotiated cases:

  • Myrna Mack Chang ( Guatemala) (judgment, PDF, 1.2 MB)
  • Plan Sánchez Massacre (Guatemala) (judgment, PDF; 566 kB)
  • La Nación (Costa Rica) (judgment, PDF; 526 kB)
  • Massacre in Dos Erres
  • Prohibition of Leopoldo López

Although the Court's judgments are binding, this has no effective enforcement options that would be comparable with those of the European Court of Human Rights. Once a year, the Inter-American Court of Human Rights to the General Assembly of the Organization of American States reimbursed (OAS ) report the extent to which his sentences were carried out by the Member States. So far, the OAS has hardly put pressure on their members to enforce judgments.

Footnotes

Brazil Caracazo Dos Erres massacre
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