Inter-American Rights Watch

ICHR Finds Ecuador Responsible for Violating Whistleblower’s Freedom of Expression

By: Carlos Dominguez Scheid

Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Court of Human Rights (ICHR) issued a decision on November 27, 2023, with formal notification delivered on March 22, 2024, ruling that Ecuador is responsible for violating the freedom of expression of a whistleblower who reported corruption within the country’s Armed Forces.

 
Julio Rogelio Viteri Ungaretti | Photo courtesy of BBC News.
  

The Court’s judgment emphasizes the critical role of freedom of speech in ensuring transparency and accountability in government operations. It brings to light the significant challenges faced by individuals exposing misconduct, especially within military contexts, and establishes an important precedent for handling similar cases across the region.

The case involves Mr. Julio Rogelio Viteri Ungaretti, who reported suspected corruption within the Armed Forces in 2000, resulting in several sanctions against him. The Court reviewed the effects of corruption on democracy and human rights, emphasizing the necessity for states to create a supportive environment for whistleblowers and individuals engaged in anti-corruption activities.

The Court discussed the responsibility following the exercise of free speech concerning corruption allegations, noting that such cases are of public interest due to their impact on human rights. It affirmed the importance of society’s right to be informed about corruption, making such disclosures a protected form of speech under Article 13 of the American Convention on Human Rights.

The Court stressed that public officials have both the right and duty to report corruption based on reasonable belief and are expected to verify the accuracy of their information as much as possible, without having to confirm its authenticity at the time of reporting. The state is urged to provide adequate channels to facilitate reporting and ensure the protection of whistleblowers, including safeguarding their identity and personal integrity.

Finally, the Court assessed the repercussions of penalizing individuals for exercising their freedom of expression in reporting suspected corruption. It recognized that allegations of corruption involving public officials hold significant public interest and affect human rights, warranting special protection under Article 13 of the Convention. The Court stressed the importance of providing adequate channels for reporting corruption, underscoring the need to facilitate these disclosures and protect those who come forward.

For further information, please see:

Caso Viteri Ungaretti y Otros vs. Ecuador—2022  

Corte Interamericana De Derechos Humanos Caso Viteri Ungaretti Y Otros Vs. Ecuador—27 Nov. 2023

Diplomat Flees To Market Town—26 Nov. 2022

IACHR refers case on Ecuador to the Inter-American Court—16 July 2021

 

 

 

 

 

IACHR Rules Peru’s Failure to Monitor Metal Refinery Violates Citizens’ Rights to a Healthy Environment

By: Jacob Riederer

Impunity Watch News Staff Writer

San Jose, Costa Rica – On March 22, 2024, the Inter-American Court of Human Rights (IACHR) issued a ruling declaring that the Peruvian government’s lack of supervision and oversight of a metal refinery in the city of La Oroyoa led to violations of human rights of citizens, including the right to a healthy environment.  

 
Smelting and refining of Metals at CLMO have made La Oroya one of the most polluted cities in the world. | Photo courtesy of TIME/Matthew Burpee.
  

La Oroya, located about 50 miles northeast of Lima in Central Peru, has a population of 33,000.  Complejo Metalúrgico de La Oroya (CMLO), the refinery in question, has operated in that region for more than 100 years. During this time, it has refined metals with high concentrations of copper, zinc, and arsenic, among other compounds. It is currently a private company, although it was previously controlled and operated by Peruvian officials. 

CMLO has generated significant pollution. In the past, La Oroya was one of the most polluted cities in the world in large part because of the refinery. Presently, air pollution levels in the city far exceed environmental guidelines required by Peruvian law. 

The current case was brought against the Government of Peru by 80 residents of La Oroya, who have suffered the harmful effects of CMLO’s pollution. CMLO’s actions have exposed residents to chemicals such as lead, cadmium, arsenic and sulfur dioxide. As a result, many people in La Oroya have developed respiratory, heart, skin, and psychological conditions.

In its ruling, the IACHR held Peru responsible for violating the right to a healthy environment by failing to properly monitor and regulate CMLO.  Other violations included the right to a dignified life and personal integrity because of this pollution, which has significantly affected the quality of life of its victims who are plagued by disease. The Court also noted the government’s failure to provide adequate health care to citizens affected by the refinery’s pollution. 

In response to the violations the court ordered the following: the Government of Peru must 1) conduct tests to determine how polluted the air, water, and soil are in La Oroya are and create a plan for remediation; 2) provide specialized medical care at no cost to the victims; 3) improve air quality standsa; 4) develop a monitoring system for air, water and soil pollution; and 5) award damages to victims and their families.

For further information, please see:

IACHR – Comunicado de Prensa, Caso de Habitantes de La Oroya vs. Peru – 24 MAR 2024 –

IACHR – Sentencia, Caso de Habitantes de La Oroya vs. Peru – 27 Nov 2023

Inside Climate News – International Court Issues First-Ever Decision Enforcing the Right to a Healthy Environment – 29 Mar 2029

TIME – T he World’s Most Polluted Places, La Oroya Peru – 2007

La Republica – Peru Is Responsible for the Pollution in La Oroya – 22 Mar 2024

Yahoo News – Rights Court Condemns Peru Over One of world’s Most Polluted Towns – 22 Mar 2024

 

 

 

IACHR Grants Precautionary Measures to Protect Three Individuals in Nicaragua Amid Ongoing Concerns Over Human Rights Violations

By: Rabiya Shamim

Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Commission on Human Rights (IACHR) recently issued Resolution 7/2024, granting precautionary measures for three individuals held in Nicaragua. The resolution directly benefits Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, who are allegedly being attacked, denied access to necessary medical care, and detained in multiple prisons in substandard conditions, according to the Commission press release.

 
Crosses are seen on top of a Nicaraguan flag during a demonstration to commemorate Nicaragua’s National Day of Peace. | Photo courtesy of Jose Cordero / AFP via Getty Images)AFP VIA GETTY IMAGES.
  

The IACHR serves as an advisory body on human rights issues and is made up of seven independent members elected by the General Assembly of the Organization of American States (OAS). The precautionary measures requested by the Commission include providing access to medical care and medication, facilitating communication with family members and legal representatives, ensuring the safety and well-being of the beneficiaries, and considering alternative measures to detention. These measures are intended to mitigate the risks faced by individuals and prevent further violations of their rights.

Precautionary measures are granted to highlight the urgency of addressing the reported human rights violations in Nicaragua, without prejudging any potential petitions that may be filed to the inter-American system. As required by the OAS Charter and the American Convention on Human Rights, it is part of a broader effort to promote the observance and defense of human rights in the area.

Due to ongoing concerns about political repression and human rights abuses in Nicaragua, the situation has drawn international attention. The involvement of the IACHR highlights the significance of independent oversight mechanisms in ensuring that governments are held accountable for their actions and safeguarding the rights of individuals, particularly those who are vulnerable to discrimination or persecution.

In addition to the IACHR’s resolution, several organizations such as Human Rights Watch, Amnesty International and the United Nations Office of the High Commissioner for Human Rights have reported on the situation and challenges faced by the people of Nicaragua.

Human Rights Watch has reported cases of judicial harassment and political persecution targeting opposition leaders and government opponents. Similarly, Amnesty International’s annual reports on Nicaragua highlighted attacks on human rights defenders, censorship and arbitrary arrests and The United Nations Office of the High Commissioner for Human Rights has demanded independent investigations into allegations of abuses of human rights in Nicaragua.

For further information, please see:

Amnesty International – Nicaragua – 2022  

Human Rights Watch – Nicaragua Events of 2023 – 2023

IACHR – IACHR Grants Precautionary Measures to Eddy Castillo Muñoz, Nelly López García, and Juan Carlos Baquedano in Nicaragua – 2 Mar. 2024

OAS – INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION – Jul. 2024

United Nations Office of the High Commissioner for Human Rights – Group of Human Rights Experts on Nicaragua – N.D.

 

 

 

 

IACHR Orders Release of Nicaraguan Indigenous Leaders

By: Carlos Dominguez Scheid

Impunity Watch Staff Writer

SAN JOSE, Costa Rica – The Inter-American Court of Human Rights (IACHR) mandated on February 1, 2024, that Nicaragua immediately release Brooklyn Rivera Bryan and Nancy Elizabeth Henríquez James, indigenous political figures and congresspersons from the Yapti Tasba Masraka Nanih Aslatakanka (YATAMA) party, who have been detained since late 2023.

 
Nancy Henríquez (left) and Brooklyn Rivera (right). | Photo courtesy of primeraorden.com.
  

The resolution comes amid serious concerns about Henríquez and Rivera’s detention conditions and the wider suppression of political opposition within the country. This decision came in response to a petition from the Inter-American Commission on Human Rights (IACHR), advocating for the establishment of precautionary steps to safeguard Brooklyn Rivera and Henríquez, who both serve in the Nicaraguan National Assembly, affiliated with the YATAMA, an indigenous-focused political organization. They are both identified as facing a sharp and actualized threat of severe and lasting harm to their personal rights.

The Court’s decision underscores the urgent need to protect the rights and safety of Rivera and Henríquez, who have been targeted in what appears to be a sustained effort to quell dissent against Daniel Ortega’s regime. Despite their status as elected officials representing indigenous communities, their involvement in opposition activities has led to their arbitrary detention and the stripping of their parliamentary seats, a move that has drawn international condemnation. Rivera, a prominent Miskitu leader and key figure in YATAMA, vanished after a raid on his home in September 2023, with no legal warrants presented during his arrest. Similarly, Henríquez’s whereabouts became a mystery following her detention in October 2023, with reports suggesting she is being held in isolation under dire conditions. 

The Court’s resolution also extends protective measures to Rivera and Henríquez’s families, acknowledging the threats and reprisals they have faced, including those that have been forced into exile. The resolution aligns with the Court’s historical stance on safeguarding political freedoms and human rights, reflecting deep concerns over Nicaragua’s political climate, particularly the persecution of opposition parties and the erosion of democratic institutions since 2018. 

Nicaragua, having ignored the Court’s previous orders and not communicated since April 11, 2022, has been declared in permanent contempt. The Court’s latest resolution not only demands the immediate and unconditional release of the detained leaders but also insists on the restoration of their rights to participate in political activities as regional deputies, marking a critical stance against the suppression of political dissent in Nicaragua. 

This ruling highlights the ongoing crisis in Nicaragua, characterized by the government’s harsh response to protests and opposition, leading to widespread human rights abuses. The Court’s intervention underscores the international community’s commitment to upholding human rights and the rule of law, even as Nicaragua faces deepening isolation due to its actions against political opponents and indigenous leaders.

For further information, please see:

AGENCIA EFE – CorteIDH ordena liberar a dirigentes de Yatama – 15 Feb. 2024

CorteIDH ordena a Nicaragua liberar a dos líderes políticos indígenas opositores – 14 Feb. 2014

IACHR – MEDIDAS PROVISIONALES – 1 Feb. 2024

IACHR – IACHR Requests that IA Court Grant Provisional Measures in Favor of Indigenous YATAMA Representatives in Nicaragua – 19 Dec. 2023

Primerordencom – CorteIDH ordena a dictadura liberar de inmediato a Brooklyn Rivera y Nancy Henríquez – 15 Feb. 2024

 

IACHR Files Case with Inter-American Court of Human Rights Regarding Illegal Detention and Treatment of Human Rights Activist

By: Rafael Sbeghen Freitas

Impunity Watch Staff Writer

VENEZUELA – On December 20, 2023, the Inter-American Commission on Human Rights (IACHR) submitted Venezuela’s case No. 14.168 to the Inter-American Court of Human Rights (IDH Court). The case highlights the illegal and arbitrary detention of human rights defender Carlos Enrique Graffe Henríquez, along with healthcare concerns and claims of violations of judicial guarantees and protections throughout the legal proceedings against him.

 
Carlos Graffe being interviewed by the media in 2017, among the anti-government protests in Venezuela. | Photo courtesy of PanAm Post.
  

2017 was marked by massive protests against President Nicolás Maduro and his administration. Carlos Enrique Graffe Henríquez was one of the most notorious opposing figures. He was labeled as a dangerous “terrorist” during a national television show by a government deputy who also stated that Graffe should undergo the “Tun-Tun operation,” an arbitrary search and detention of those who dissent from the national government. Graffe was, and remains today, a prominent figure in opposing Maduro’s administration. In 2010 he founded the “A World Without Censorship” association, dedicated to defending freedom of expression and denouncing human rights violations in Venezuela. 

In October 2017, Graffe was arrested while leaving a medical appointment. He was intercepted by unidentified men who forced him into a vehicle with military plates. The agents were not wearing the standard police uniform and did not have official identification. Further, there was no judicial order against him, and no situation of flagrancy was identified. However, the official Twitter account of the Carabobo Police announced that the prisoner had been detained “with C4 explosive, detonating cord, and rockets with nails attached with adhesive tape”.

Graffe’s preliminary hearing was held in a military court, rather than a civilian one. Records indicate that Graffe was not afforded due process; lawyers were not notified of the proceeding, and they were not allowed access to the formal accusation. Oswaldo Graffe, Carlos Graffe’s father, reported to the media that Graffe’s parents were not notified of the “irregular” hearing. 

The legality of the arrest was not the only concern since the conditions inside the prison where Carlos was incarcerated are infamously horrible. He was subject to solitary confinement and inhuman conditions and was restricted from visitation with his family. Despite his poor health due to previous kidney surgery, he did not receive medical attention. The Ombudsman’s request for intervention to guarantee medical care and allow family visits did not receive a response.

After investigating the case, the IACHR found that the detention of Carlos Graffe was illegal and arbitrary, pointing out that it resembled other cases of criminalization of human rights defenders at the same time. Regarding the rights to personal integrity and health, the IACHR found that Graffe suffered cruel, inhuman, and degrading treatment during his detention in conditions of isolation, poor ventilation, lack of sunlight, and inadequate sanitary and hygiene services. Likewise, the Commission found that the state’s failure to provide medical care generated permanent consequences for his health.

For further information, please see: