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.

A) IACHR Publishes its First Booklet on the Measures Reported by Honduras on SIMORE Platform

– On October 29, 2024, the IACHR published its first Inter-American SIMORE booklet, showcasing measures reported by Honduras in implementing IACHR recommendations.

Source: Flickr. CIDH visita Honduras. Date: December 3, 2014. Link to the license: here.

The SIMORE platform addresses two key needs: raising awareness of IACHR recommendations and tracking State compliance, including actions taken and challenges faced. Honduras has been an active user of the platform and has uploaded 197 files related to recommendations from the IACHR’s 2019 Country Report.

The booklet highlights compliance measures in key areas, such as children’s rights, the rights of persons deprived of liberty, access to information, and economic, social, cultural, and environmental rights (ESCR). For instance, to fulfill Recommendation 15 on children’s rights contained in the 2019 Country Report, Honduras developed the National Policy for Guaranteeing the Rights of Children and Teenagers (2020–2030), prioritizing protection and promotion of children’s rights, and the prevention of human rights violations. Likewise, to comply with Recommendation 8 on access to information, Honduras repealed the Law for the Classification of Public Documents Related to National Security and Defense, which was a restrictive legislation, and issued Decree No. 12-2022, allowing access to previously classified information and aligning its legislation with the principles of maximum disclosure and good faith. The IACHR pointed out that this legislative change guarantees a broad policy of transparency and prevention, as well as control of corruption.

The IACHR celebrated Honduras’ significant efforts and good practices in implementing these measures, demonstrating the potential of the SIMORE platform to enhance follow-up processes and foster greater accountability among States in the region. The booklet (in Spanish) 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.

A) IACtHR Rules on Enforced Disappearance of 11 Afro-descendants in Brazil

– On December 4, 2024, the IACtHR issued its ruling in the case of “Leite de Souza and others v. Brazil”, addressing the enforced disappearance of 11 young Afro-descendants from the Acari favela in Rio de Janeiro in 1990.

Source: Flickr. IMG_6771/Brasil/Rio De Janeiro. Date: 2014. Link to the license: here.

The case involved the enforced disappearance of 11 young afro descendent men, by the “Horse Runners” militia, an illegal group integrated by police officers from the 9th Military Police Battalion in Rocha Miranda, who had been previously involved in massacres, such as “Candelária” and “Vigário Geral” massacres. According to the IACtHr, militias have played an important role in Brazil since the 1960s and involve the active participation of State public agents, predominantly belonging to the Brazilian security forces. Under the idea of being an “offensive against crime”, these groups assassinate people considered “criminals”, but actually seek to control entire favelas through extortion and the use of force.

In July 1990, members of the “Horse Runners” group arrived at Edson de Souza Costa’s residence, where they detained him along with two friends who were present. They issued death threats and demanded a substantial sum of money in exchange for their release. Although they gathered most of the ransom and paid the militiamen, a few days later, Edson and 10 friends were attacked when staying at a friend’s house for the weekend. Six hooded men, claiming to be policemen, entered the house, demanded money and jewelry, and kidnapped the eleven. An investigation was opened, but in 2010, the Public Prosecutor’s Office requested to close the case due to a lack of evidence of the murders. The case was subsequently archived. Furthermore, in 2024, four police officers accused of murdering the two women among the victims were acquitted.

The Brazilian State partially acknowledged responsibility for violating judicial guarantees by failing to grant the female victims’ families a reasonable time to pursue justice. In its decision, the IACtHR determined that the 11 victims had been victims of enforced disappearance. Consequently, it found Brazil responsible for violating Articles 3 (right to juridical personality), 4 (right to life), 5 (right to humane treatment), and 7 (right to personal liberty) in relation to Article 1.1 (obligation to respect rights) of the ACHR, as well as Article I(a) (prohibition of forced disappearances) of the Inter-American Convention on Forced Disappearance of Persons (ICFDP). The fact that the sister of one of the victims was 7 years old by the time of the disappearance, and the serious impacts that it had on her physical, emotional, and mental health, also constituted a violation of Article 19 (rights of the child) of the ACHR. The Court noted that the disappearances remain unresolved 34 years later, perpetuating impunity and uncertainty about the victims’ whereabouts. This situation breached Articles 8.1 (right to fair trial), 13 (right to freedom of expression), and 25.1 (right to judicial protection) in relation to Articles 1.1 and 2 of the ACHR, as well as Articles I(b) (obligation to punish forced disappearances) and III (obligation to adopt legislative measures) of the ICFDP, alongside with Articles 7(b) and 7(f) (state obligations regarding violence against women) of the Belém do Pará Convention, due to the presence of women among the victims. Additionally, the IACtHR acknowledged the discrimination suffered by the victims’ families during their pursuit of justice, as they were stigmatized and dismissed by authorities, leading to the violation of Article 5.1 of the ACHR.

Finally, the IACtHR ordered Brazil to provide reparations, including guarantees of non-repetition, investigations to determine responsibility, and measures to end systemic violence by militias operating with impunity in the country. The decision (in Spanish) can be found ​here and the press release (in Spanish) can be found here.

B) IACtHR Found Chile Responsible for Violations of Mapuche People Rights

– On November 21, 2024, the IACtHR ruled that Chile violated multiple rights of the Mapuche people during criminal proceedings following peaceful protests.

Source: Flickr. Resiste Mapuche! Date: January 14, 2012. Link to the license: here.

The Mapuche people, which represent Chile’s largest Indigenous group, have long faced systemic challenges related to their land ownership, and access to and exploitation of natural resources. These historical injustices prompted demonstrations and social protests, including actions by the Council of All Lands, a Mapuche organization established in 1990 to advocate for indigenous rights and to bring light into the denial of the Mapuche people’s history. On one such occasion in 1992, during the commemoration of “500 years of Spanish occupation”, Mapuche demonstrators occupied several properties in the La Araucanía region. The response from Chilean police authorities, the Carabineros, included raids, evictions, arrests, and criminal charges against 133 individuals for offenses like unlawful association, usurpation and contempt. The indictments resulted in a conviction in the first instance, which was later upheld in the second instance, despite appeals filed by the victims.

The IACtHR found Chile responsible for violating the rights to a fair trial (Article 8) and judicial protection (Article 25) enshrined in the ACHR. The IACtHR considered that the judicial proceedings lacked impartiality, as the Council of All Lands was wrongfully classified as an illegal association without consideration of the legitimate nature of its claims. Furthermore, procedural delays and the failure to address the legal status of six individuals infringed on the victims’ rights to legal certainty and to be tried within a reasonable time. The IACtHR also determined that Chile violated the right to equal protection (Article 24) due to ethnic discrimination, the right to freedom of association (Article 16) by arbitrarily deeming the Council illegitimate, and the right to freedom of thought and expression (Article 13) by discrediting the Council’s views and actions as being “outside the law”.

This decision underscores the ongoing marginalization of Chile’s indigenous peoples and the need for the State to ensure that their claims and rights are respected. The IACtHR’s ruling serves as a reminder that States must uphold international human rights standards, particularly when addressing grievances of historically oppressed communities like the Mapuche people. The decision (in Spanish) can be found here and the press release (in Spanish) here.