International Human Rights by Siomara Umaña: Petition Form/Legal Assistance Funds/Report Cases

Instructions

FORM FOR FILING PETITIONS ALLEGING HUMAN RIGHTS VIOLATIONS

The following form, prepared by the Commission’s Executive Secretariat, is intended to make it easier for victims of violations, their family members, organizations of civil society or other persons to file complaints alleging human rights violations by OAS member States.

The form is based on the information that the Commission’s Rules of Procedure require in order to process petitions and to determine whether the State, against which the complaint is brought has violated any of the human rights protected by an international treaty to which it is a party. The required information is stipulated in Article 28 of the Commission’s Rules of Procedure:

Article 28. Requirements for the consideration of petitions.  Petitions addressed to the Commission shall contain the following information:

• the name, nationality and signature of the person or persons making the denunciation; or in cases where the petitioner is a nongovernmental entity, the name and signature of its legal representative(s);
• whether the petitioner wishes that his or her identity be withheld from the State;
• the address for receiving correspondence from the Commission and, if available, a telephone number, facsimile number, and email address;
• an account of the act or situation that is denounced, specifying the place and date of the alleged violations;
• if possible, the name of the victim and of any public authority who has taken cognizance of the fact or situation alleged;
• the State the petitioner considers responsible, by act or omission, for the violation of any of the human rights recognized in the American Convention on Human Rights and other applicable instruments, even if no specific reference is made to the article(s) alleged to have been violated;
• compliance with the time period provided for in Article 32 of these Rules of Procedure;
• any steps taken to exhaust domestic remedies, or the impossibility of doing so as provided in Article 31 of these Rules of Procedure; and
• an indication of whether the complaint has been submitted to another international settlement proceeding as provided in Article 33 of these Rules of Procedure.

Before completing the attached form, please read the following instructions carefully.

The form should be filled in as completely as possible and include all available information regarding the particular act alleged to constitute one or more violations of human rights by an OAS member State. 

Responses to the questions should be simple and direct.  If the information requested is not available, you can save the form and continue to work on it later; if some information is missing, you should indicate information not available or not applicable, as appropriate.
    
Once complete, the form should be submitted by clicking the button SEND FORM TO IACHR. If you do not have Internet access, the form is also available in PDF format; it can be printed and sent by mail to the following postal address:

Inter-American Commission on Human Rights
1889 F Street, N. W.
Washington, D.C. 20006
USA

and/or by fax to the following number:

1-202-458-3992.

To proceed to fill in the on-line form, please read the following information:

The Inter-American Commission on Human Rights has developed a new on-line system for lodging petitions.

This new system has several advantages, including:

• It is a secure site, which means only you and the IACHR will have access to the information provided.
• You will have a record of all petitions lodged with the IACHR, which can be searched and sorted by date of submission, country, victim’s name, etc.
• You can also begin to fill in the form, save it, and continue to fill it out later before sending it to the IACHR.  Until you choose to send it to the IACHR, only you will be able to see it.
• Electronic documents can be attached.
• You can update your information (address, telephone and fax numbers, etc.) and it will be entered automatically in our database.

To enter the new system, you will need to register with a new e-mail address and a password containing at least six characters.

Please note that each organization may have only one electronic mail address and one password.  This means all members of an organization must share a single e-mail address and password. Therefore, any person in an organization may have access to all petitions sent by that organization.

"According to article 23 of the Rules of Procedure of the Inter-American Commission on Human Rights, “any person or group of persons or non-governmental entity legally recognized in one or more of the Member States of the OAS may submit petitions to the Commission, on their behalf or on behalf of third persons, concerning alleged violations of a human right recognized in, as the case may be, the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights"

A Conscientious Objector's Guide to the International Human Rights System,

Inter-American Commission on Human Rights: Petition procedure

Case 12.738 - Opario Lemoth Morris et al (Miskitu Divers), Honduras

In Case 12.738 it is alleged the international responsibility of Honduras for the alleged violation, among others, of the right to life and personal integrity of the miskitu divers in the Gracias a Dios Department, who are allegedly subject to labor exploitation. This situation allegedly was the cause for more than 4,000 miskitu divers, a substantial part of the Miskitu indigenous people, to suffer decompresion syndrom, generating partial and permanent disability and even death. This situation is allegedly of such proportions and gravity that it endangers the integrity of the Miskitu people in Honduras.

In the public hearing that took place on October 24, 2011, the alleged victim, Armisterio Bans Valeriano, offered his testimony on the consequences of the alleged violations to human rights that the miskitu divers are suffering. Through the Legal Assistance Fund, financial assistance was used to make possible for Armisterio Bans Valeriano to be present in the hearing, in order to offer his testimony. The Fund also gave financial assistance so that Feliciano Pérez could travel accompanying Armisterio Bans Valeriano, considering he is a person with disabilities.

Read here Admissibility Report 121/09 of Case 12.738

Watch here the Hearing on Case 12.738 (October 24, 2011)

Case 12.791 - Jesus Angel Gutierrez Lovera, Mexico

In Case 12.791 it is alleged the international responsibility of the State of Mexico for the alleged arbitrary detention on MArch 14, 2002, and the subsequent forced disappearance of Jsus Angel Gutierrez Olvera, presumably committed by state agents, and for failure to conduct an investigation into and provide reparations for the denounced acts. 

In the public hearing held on October 27, 2011, Leonor Guadalupe Olvera, mother of Gutierrez Olvera and alleged victim in the case, offered her testimony on the facts of the case and on the harm caused by the alleged violations to human rights. Through the Legal Assistance Fund, financial assistance was used to make possible for Leonor Guadalupe Olvera to be present in the hearing, in order to offer her testimony.

Read here the Admissibility Report 147/10 of Case 12.791

Watch here the Hearing on Case 12.791 (October 27, 2011)