Inter-American Court of Human Rights
Encyclopedia
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José
San José, Costa Rica
San José is the capital and largest city of Costa Rica. Located in the Central Valley, San José is the seat of national government, the focal point of political and economic activity, and the major transportation hub of this Central American nation.Founded in 1738 by order of Cabildo de León, San...

, Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....

. Together with the Inter-American Commission on Human Rights
Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...

, it makes up the human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 protection system of the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...

 (OAS), which serves to uphold and promote basic rights and freedoms in the Americas
Americas
The Americas, or America , are lands in the Western hemisphere, also known as the New World. In English, the plural form the Americas is often used to refer to the landmasses of North America and South America with their associated islands and regions, while the singular form America is primarily...

.

Purpose and functions

The OAS established the Court in 1979 to enforce and interpret the provisions of the American Convention on Human Rights
American Convention on Human Rights
The American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...

. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states.

Adjudicatory function

The adjudicatory function requires the Court to rule on cases brought before it in which a state party to the Convention, and thus has accepted its jurisdiction, is accused of a human rights violation.

In addition to ratifying the Convention, a state party must voluntary submit to the Court's jurisdiction for it to be competent to hear a case involving that state. Acceptance of contentious jurisdiction can be given on a blanket basis – to date, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...

, Barbados
Barbados
Barbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...

, Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...

, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...

, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...

, Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...

, Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....

, Dominican Republic
Dominican Republic
The Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...

, Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...

, El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...

, Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...

, Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...

, Honduras
Honduras
Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...

, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...

, Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...

, Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...

, Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...

, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....

, Suriname
Suriname
Suriname , officially the Republic of Suriname , is a country in northern South America. It borders French Guiana to the east, Guyana to the west, Brazil to the south, and on the north by the Atlantic Ocean. Suriname was a former colony of the British and of the Dutch, and was previously known as...

, Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...

, and Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...

 have done so – or, alternatively, a state can agree to abide by the Court's jurisdiction in a specific, individual case.

Trinidad and Tobago
Trinidad and Tobago
Trinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...

 originally signed the Convention on 28 May 1991 but suspended its ratification on 26 May 1998 (effective 26 May 1999) over the death penalty issue. In 1999, under President Alberto Fujimori
Alberto Fujimori
Alberto Fujimori Fujimori served as President of Peru from 28 July 1990 to 17 November 2000. A controversial figure, Fujimori has been credited with the creation of Fujimorism, uprooting terrorism in Peru and restoring its macroeconomic stability, though his methods have drawn charges of...

, Peru announced it was withdrawing its acceptance of the Court's jurisdiction. This decision was reversed by the transitional Peruvian government of Valentín Paniagua
Valentín Paniagua
Valentín Paniagua Corazao was a Peruvian politician and former Interim President of Peru. Paniagua was elected by the Peruvian Congress to serve as interim president of the country after Alberto Fujimori was ousted from office by Congress in November 2000.As Interim President, his main task was to...

 in 2001.

The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 signed but never ratified the Convention.

Under the Convention, cases can be referred to the Court by either the Inter-American Commission on Human Rights
Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...

 or a state party. In contrast to the European human rights system
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

, individual citizens of the OAS member states are not allowed to take cases directly to the Court.

The following conditions must be met:
  • Individuals who believe that their rights have been violated must first lodge a complaint with the Commission and have that body rule on the admissibility of the claim.
  • If the case is ruled admissible and the state deemed at fault, the Commission will generally serve the state with a list of recommendations to make amends for the violation.
  • Only if the state fails to abide by these recommendations, or if the Commission decides that the case is of particular importance or legal interest, will the case be referred to the Court.
  • The presentation of a case before the Court can therefore be considered a measure of last resort, taken only after the Commission has failed to resolve the matter in a noncontentious fashion.


Proceedings before the Court are divided into written and oral phases.

Written phase

In the written phase, the case application is filed, indicating the facts of the case, the plaintiffs, the evidence and witnesses the applicant plans to present at trial, and the claims for redress and costs. If the application is ruled admissible by the Court's secretary, notice thereof is served on the judges, the state or the Commission (depending on who lodged the application), the victims or their next-of-kin, the other member states, and OAS headquarters.

For 30 days following notification, any of the parties in the case may submit a brief
Brief (law)
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail....

 containing preliminary objections to the application.
If it deems necessary, the Court can convene a hearing to deal with the preliminary objections.
Otherwise, in the interests of procedural economy, it can deal with the parties' preliminary objections and the merits of the case at the same hearing.

Within 60 days following notification, the respondent must supply a written answer to the application, stating whether it accepts or disputes the facts and claims it contains.

Once this answer has been submitted, any of the parties in the case may request the Court president's permission to lodge additional pleadings prior to the commencement of the oral phase.

Oral phase

The president sets the date for the start of oral proceedings, for which the Court is considered quorate with the presence of five judges.

During the oral phase, the judges may ask any question they see fit of any of the persons appearing before them. Witnesses, expert witnesses, and other persons admitted to the proceedings may, at the president's discretion, be questioned by the representatives of the Commission or the state, or by the victims, their next-of-kin, or their agents, as applicable. The president is permitted to rule on the relevance of questions asked and to excuse the person asked the question from replying, unless overruled by the Court.

After hearing the witnesses and experts and analyzing the evidence presented, the Court issues its judgment.
Its deliberations are conducted in private and, once the judgment has been adopted, it is notified to all the parties involved.
If the merits judgment does not cover the applicable reparations for the case, they must be determined at a separate hearing or through some other procedure as decided on by the Court.

The reparations the Court orders can be both monetary and nonmonetary in nature. The most direct form of redress are cash compensation payments extended to the victims or their next-of-kin. However, the state can also be required to grant benefits in kind, to offer public recognition of its responsibility, to take steps to prevent similar violations occurring in the future, and other forms of nonmonetary compensation.

For example, in its November 2001 judgment in the Barrios Altos case
Barrios Altos massacre
The Barrios Altos massacre took place on 3 November 1991, in the Barrios Altos neighborhood of Lima, Peru. Fifteen people, including an eight-year-old child, were killed, and four more injured, by assailants who were later determined to be members of Grupo Colina, a death squad made up of members...

 – dealing with the massacre in Lima
Lima
Lima is the capital and the largest city of Peru. It is located in the valleys of the Chillón, Rímac and Lurín rivers, in the central part of the country, on a desert coast overlooking the Pacific Ocean. Together with the seaport of Callao, it forms a contiguous urban area known as the Lima...

, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....

, of 15 people at the hands of the state-sponsored Colina Group death squad
Death squad
A death squad is an armed military, police, insurgent, or terrorist squad that conducts extrajudicial killings, assassinations, and forced disappearances of persons as part of a war, insurgency or terror campaign...

 in November 1991 – the Court ordered payments of US$175,000 for the four survivors and for the next-of-kin of the murdered victims and a payment of $250,000 for the family of one of the victims.
It also required Peru:
  • to grant the victims' families free health care and various forms of educational support, including scholarships and supplies of school uniforms, equipment, and books;
  • to repeal two controversial amnesty laws;
  • to establish the crime of extrajudicial killing in its domestic law;
  • to ratify the International Convention on the Nonapplicability of Statutory Limitations to War Crimes and Crimes against Humanity;
  • to publish the Court's judgment in the national media;
  • to publicly apologize for the incident and to undertake to prevent similar events from recurring in the future;
  • and to erect a memorial monument to the victims of the massacre.


While the Court's decisions admit no appeal, parties can lodge requests for interpretation with the Court secretary within 90 days of judgment being issued. When possible, requests for interpretation are heard by the same panel of judges that ruled on the merits.

Advisory function

The Court's advisory function enables it to respond to consultations submitted by OAS agencies and member states regarding the interpretation of the Convention or other instruments governing human rights in the Americas; it also empowers it to give advice on domestic laws and proposed legislation, and to clarify whether or not they are compatible with the Convention's provisions. This advisory jurisdiction is available to all OAS member states, not only those that have ratified the Convention and accepted the Court's adjudicatory function. The Court's replies to these consultations are published separately from its contentious judgments, as advisory opinion
Advisory opinion
An advisory opinion is an opinion issued by a court that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important...

s.

Criticisms

As it happens with every international organization, the Court's behaviour has also been criticized. Some of the latest criticisms come from Peru and Venezuela. Up to now Trinidad and Tobago is the only State who has withdrawn from the system. Peru tried to do so, but did not follow the appropriate procedure. The last of these criticisms is directed against a Court's decision declaring that some people were murdered with the consent of the State of Colombia, many of whom were subsequently found alive.

Composition

As stipulated by Chapter VIII of the Convention
American Convention on Human Rights
The American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...

, the Court consists of seven judges of the highest moral authority from the Organization's member states.
They are elected to six-year terms by the OAS General Assembly
General Assembly of the Organization of American States
The General Assembly is the supreme decision-making body of the Organization of American States .The General Assembly came into being as a part of the restructuring of the OAS that took place following adoption of the Protocol of Buenos Aires , which contained extensive amendments to the...

 and may be reelected for one additional six-year period.

No state may have two judges serving on the Court at any one time, although
– unlike the commissioners of the Inter-American Commission–
judges are not required to recuse themselves from hearing cases involving their home countries.
In fact, a state party appearing as a defendant that does not have one of its nationals among the Court's judges is entitled, under Art. 55 of the Convention, to appoint an ad hoc judge to serve on the bench hearing the case.

After the Convention came into force on 18 July 1978, the first election of judges took place on 22 May 1979, and the new Court convened for the first time on 29 June 1979 at OAS headquarters in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

.

Current Judges

As of January 1, 2010:
Name State Position Term
Diego García Sayán
Diego García Sayán
Diego García-Sayán Larrabure , is a former Justice and Foreign Affairs Minister of Perú, and currently a judge on the Inter-American Court of Human Rights....

 
  Peru President 2004-2010
Leonardo A. Franco    Argentina Vice-President 2007-2013
Manuel E. Ventura Robles    Costa Rica Judge 2004-2010
Margarette May Macaulay   Jamaica Judge 2007-2013
Rhadys Abreu-Blondet    Dominican Republic Judge 2007-2013
Alberto Pérez Pérez    Uruguay Judge 2010-2016
Eduardo Vio Grossi    Chile Judge 2010-2016

Former Presidents of the Court

YearsCountryJudge
2008-2009 Cecilia Medina
Cecilia Medina
Cecilia Medina Quiroga is a Chilean jurist.Cecilia Medina studied legal and social sciences at the University of Chile in Santiago and earned a doctorate in law at the University of Utrecht in the Netherlands....

2004-2007 Sergio García Ramírez
Sergio García Ramírez
Sergio García Ramírez is a Mexican jurist and politician who currently serves as a judge at the Inter-American Court of Human Rights....

1999-2003 Antônio Augusto Cançado Trindade
Antônio Augusto Cançado Trindade
thumb|right|180px|Trindade at the a committee of the [[Brazilian Senate]] in [[2008]].Antônio Augusto Cançado Trindade is a Brazilian judge on the International Court of Justice, based in The Hague , Netherlands, a position he has held since 6 February 2009...

1997-1999 Hernán Salgado Pesantes
1994-1997 Héctor Fix Zamudio
1993-1994 Rafael Nieto Navia
Rafael Nieto Navia
Rafael Nieto Navia is a Colombian jurist, political scientist and professor. As a jurist, Nieto has served as Judge of the International Criminal Tribunal for the former Yugoslavia for more than five years, four of them as a member of the Appeals Chamber of the ICTY and the International Criminal...

1990-1993 Héctor Fix Zamudio
1989-1990 Héctor Gros Espiell
1987-1989 Rafael Nieto Navia
Rafael Nieto Navia
Rafael Nieto Navia is a Colombian jurist, political scientist and professor. As a jurist, Nieto has served as Judge of the International Criminal Tribunal for the former Yugoslavia for more than five years, four of them as a member of the Appeals Chamber of the ICTY and the International Criminal...

1985-1987 Thomas Buergenthal
Thomas Buergenthal
Thomas Buergenthal is a former judge of the International Court of Justice. He resigned his post as of 6 September 2010. Buergenthal is returning to his position as Lobingier Professor of Comparative Law and Jurisprudence at The George Washington University Law School...

1983-1985 Pedro Nikken
1981-1983 Carlos Roberto Reina
Carlos Roberto Reina
Carlos Roberto Reina Idiáquez was a politician of the Liberal Party of Honduras, and President of Honduras from January 27, 1994 to January 27, 1998....

1979–1981 Rodolfo E. Piza Escalante

Past Judges

YearStateMembers of the CourtPresident
1979–1981   Colombia César Ordóñez
1979–1985   Venezuela Máximo Cisneros Sánchez
1979–1985   Jamaica Huntley Eugene Munroe
1979–1985   Honduras Carlos Roberto Reina
Carlos Roberto Reina
Carlos Roberto Reina Idiáquez was a politician of the Liberal Party of Honduras, and President of Honduras from January 27, 1994 to January 27, 1998....

 
1981–1983
1979–1989   Costa Rica Rodolfo E. Piza Escalante  1979–1989
1979–1989   Venezuela Pedro Nikken  1983–1985
1979–1991   United States Thomas Buergenthal
Thomas Buergenthal
Thomas Buergenthal is a former judge of the International Court of Justice. He resigned his post as of 6 September 2010. Buergenthal is returning to his position as Lobingier Professor of Comparative Law and Jurisprudence at The George Washington University Law School...

 
1985–1987
1981–1994   Colombia Rafael Nieto Navia
Rafael Nieto Navia
Rafael Nieto Navia is a Colombian jurist, political scientist and professor. As a jurist, Nieto has served as Judge of the International Criminal Tribunal for the former Yugoslavia for more than five years, four of them as a member of the Appeals Chamber of the ICTY and the International Criminal...

 
1987–1989, 1993–1994
1985–1989   Honduras Jorge R. Hernández Alcerro
1985–1990   Uruguay Héctor Gros Espiell  1989–1990
1985–1997   Mexico Héctor Fix-Zamudio
Héctor Fix-Zamudio
Héctor Fix-Zamudio is a Mexican jurist.-Professional career:Fix-Zamudio studied law at the National Autonomous University of Mexico , earning his bachelor's degree in 1956 and his doctorate in 1972...

 
1990–1993, 1994–1997
1989–1991   Honduras Policarpo Callejas
1989–1991   Venezuela Orlando Tovar Tamayo
1989–1994   Costa Rica Sonia Picado Sotela
1990–1991   Argentina Julio A. Barberis
1991–1994   Venezuela Asdrúbal Aguiar Aranguren
1991–1997   Nicaragua Alejandro Montiel Argüello
1991–2003   Chile Máximo Pacheco Gómez
1991–2003   Ecuador Hernán Salgado Pesantes  1997–1999
1998–2003   Colombia Carlos Vicente de Roux-Rengifo
1995–2006   Barbados Oliver H. Jackman
1995–2006   Venezuela Alirio Abreu Burelli
1995–2006   Brazil Antônio Augusto Cançado Trindade
Antônio Augusto Cançado Trindade
thumb|right|180px|Trindade at the a committee of the [[Brazilian Senate]] in [[2008]].Antônio Augusto Cançado Trindade is a Brazilian judge on the International Court of Justice, based in The Hague , Netherlands, a position he has held since 6 February 2009...

 
1999-2003
2001-2003   Argentina Ricardo Gil Lavedra
Ricardo Gil Lavedra
-Life and times:Ricardo Rodolfo Gil Lavedra was born in Buenos Aires in 1949. He enrolled at the University of Buenos Aires Law School, and earned a juris doctor in 1972. He was named Secretary to the Supreme Court of the Province of Buenos Aires in 1973, and judge in the provincial Court of First...

2004–2009   Chile Cecilia Medina Quiroga  2008
2004–2009   Mexico Sergio García Ramírez
Sergio García Ramírez
Sergio García Ramírez is a Mexican jurist and politician who currently serves as a judge at the Inter-American Court of Human Rights....

 
2004-2007

Cases heard by the Inter-American Court


See also

  • European Court of Human Rights
    European Court of Human Rights
    The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

    , regional court originally established in 1959
  • African Court on Human and Peoples' Rights
    African Court on Human and Peoples' Rights
    The African Court on Human and Peoples' Rights was a regional court that was created initially to make judgments on African Union states' compliance with the African Charter on Human and Peoples' Rights....

    , regional court established in 2006
  • Utrecht School of Law Clinical Programme on Conflict, Human Rights and International Justice
    Utrecht School of Law Clinical Programme on Conflict, Human Rights and International Justice
    The ' was launched in September 2009. The Clinical Programme provides pro bono legal services to Hague-based judicial institutions, as well as to the Inter-American Court of Human Rights, while preparing students for future careers in international law by providing them with the necessary skills...

    in cooperation with the Inter-American Court of Human Rights, established in 2009.

Further reading

  • T. Buergenthal, R. Norris, D. Shelton, Protecting Human Rights in the Americas. Cases and material, Kehl, N.P Engel Publisher. Verlag, 1995.
  • L. Burgorgue-Larsen, A. Ubeda de Torres, The Inter-American Court of Human Rights. Case law and Commentary, Oxford, OUP, 2011.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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