Newsletter

1. Inter-American Commission on Human Rights (IACHR)

The IACHR is the autonomous body of the Organization of American States (OAS) responsible for the promotion and protection of human rights in the Americas. One of its duties is to receive and review individual complaints for human rights violations and to monitor human rights situations.

News from the IACHR:

A) IACHR Publishes Country Report on States of Emergency and Human Rights in El Salvador

– On September 4, 2024, the IACHR released a report analyzing the ongoing state of emergency in El Salvador, imposed since 2022 in response to gang violence.

Source: Flickr. CIDH visita El Salvador – 2019. Author: Thiago Derzan.
Link of the image: here. Link of the license: here.

The report examines the measures implemented, their impact on human rights, and the country’s compliance with international obligations. El Salvador has long grappled with gang control over its territory, leading to violence and undermining human rights. While the country once had the highest global homicide rate in 2015 (106.3 per 100,000 inhabitants), rates have declined significantly since 2019. However, a surge in homicides between March 24 and 27, 2022—resulting in at least 92 deaths—prompted the government to declare a state of emergency, suspending several constitutional rights. These include the right to be informed of one’s rights and reasons for detention, access to legal assistance, the 72-hour limit on administrative detention, and the inviolability of correspondence and telecommunications. Complaints of widespread human rights violations soon followed.

The IACHR evaluated the state of emergency’s legal framework, particularly Legislative Decree No. 333 of 2022 and its amendments. It found that the State failed to demonstrate the necessity, reasonableness, and proportionality of suspending certain rights. The IACHR also highlighted significant concerns despite the decrease in homicides, emphasizing the need to balance public safety with the protection of rights. It also reported serious issues in detention conditions, including overcrowding, deteriorating facilities, deaths, torture, and ill-treatment. Additionally, freedom of expression has been severely impacted, with journalists, human rights defenders, and civil society organizations facing growing obstacles in their work. The IACHR concluded by recommending that El Salvador end the suspension of rights under the state of emergency and implement a comprehensive policy to support victims of violence. The report (in Spanish) can be found here and the press release here.

B) IACHR Publishes Report on Digital Inclusion and Internet Content Governance

– On July 15, 2024, the IACHR’s Special Rapporteurship on Freedom of Expression released a thematic report titled “Digital Inclusion and Internet Content Governance”.

Source: Flickr. Digital Inclusion: Towards equal access, skills and leadership for women and girls.
Link of the image: here. Link for the license: here.

The report examines how the digital age has transformed freedom of expression and access to information, while highlighting significant challenges that threaten an open, inclusive internet.

One key issue is “platformization,” where the concentration of information control in the hands of States and corporations undermines diversity. This dominance limits opportunities for emerging businesses and stifles competition in innovation and technology development. Another concern is the fragmentation of public debates, which has created a polarized digital environment, particularly affecting historically marginalized groups. The report also points to disinformation, hate speech, and propaganda as additional challenges, exacerbated by platform algorithms that prioritize sensationalist and extremist content to maximize engagement. The report further addresses barriers to universal internet access and digital literacy, which hinder economic and social development in parts of the Americas, restricting participation in public debates. Positive initiatives are highlighted, such as Chile’s 1992 program to reduce technological disparities in schools, resulting in 87% of public schools having ICT access by 2008. Similar efforts by Colombia, Costa Rica, and Brazil are also noted.

The IACHR concludes with recommendations, urging States to promote equitable access to the Internet and foster digital autonomy and responsibility for all users. The thematic report can be found here and the press release here.

2. Inter-American Court of Human Rights (IACtHR)

The IACtHR is a regional human rights court responsible for applying and interpreting the American Convention on Human Rights (ACHR) and other human rights instruments in the region. Its main function is to decide cases on human rights violations committed by States that have accepted its jurisdiction.

News from the IACtHR:

A) IACtHR Found Chile Responsible for Violating Human Rights by Applying Half-Prescription to Crimes Against Humanity

– On September 26, 2024, the IACtHR ruled that Chile violated human rights by applying the “half-prescription” statute to crimes against humanity.

Source: Flickr. “Detenciones, desaparecidos en Chile durante la dictadura de Pinochet”.
Link of the image: here. Link of the license: here.

Half-prescription, a provision in Chile’s Penal Code, reduces a prison sentence when a person is brought before a court after half or more of the statutory time limit for prosecution has elapsed. It applies when the offense lacks aggravating elements and involves two mitigating circumstances.

The case concerned the enforced disappearance and extrajudicial executions of 44 individuals during Chile’s military dictatorship. Between 2007 and 2010, the Chilean Supreme Court applied half-prescription in reviewing convictions for these crimes. The Chilean State partially acknowledged its responsibility, admitting that half-prescription violated the victims’ rights to judicial guarantees and protection.

The IACtHR condemned the use of half-prescription for serious human rights violations, given that it diminishes the punitive effect, undermines the due administration of justice, and disrupts the proportionality of sentences for such grave crimes. Consequently, the Court found violations of Articles 8.1 (right to a fair trial) and 25 (right to judicial protection) in relation to Articles 3 (right to juridical personality), 4 (right to life), 5 (right to humane treatment), and 7 (right to personal liberty). Additionally, it found violations of the rights of victims’ relatives under Articles 8.2 (right to a fair trial) and 5.1 (right to humane treatment) due to their lack of participation and the suffering caused by the State’s actions. The decision (in Spanish) can be found here and the press release (in Spanish) here.