Advocacy before the Inter-American Commission on Human Rights

1. Advocacy before the Inter-American Commission on Human Rights

2. Charles Abbott Staff Attorney, CEJIL cabbott@cejil.org

3. CEJIL • Impactlitigationbeforethe Inter-American Human RightsSystem • Empowering human rightsdefenders • Strengthening IAS www.cejil.org

4. Video: http://www.ijrcenter.org/ihr-reading-room/regional/inter-american-system/

5. What is the IACHR? • Principle, autonomous human rightsbodywithjurisdictionover OAS MemberStates. • Instruments: • OAS Charter • American Declaration of theRights and Duties of Man • American Conventionon Human Rights, etc. • Functions: Promoterespectfor and defense of human rights

6. What does the IACHR do? • Individual Petitions • Precautionary Measures • Public Hearings (case-specific or thematic) • Reports • On-site visits • Rapporteurs • Press Releases and Declarations • Monitoring Implementation

7. Have not ratified the ACHR Ratified the ACHR, but did not accept the jurisdiction of the I-A Court Ratified the ACHR and accepted the jurisdiction of the I-A Court United States Canada Cuba* Dominica Grenada Jamaica Mexico Colombia Brazil Argentina Ratifications and Jurisdiction

8. The Inter-American Commission on Human Rights Current Commisioners: 1) Felipe González (2008-2015) 2) Rosa Maria Ortiz (2012-2015) 3) James Cavallaro (2014-2017) 4) Paolo Vannuchi (2014-2017) 5) Rose-Marie Belle Antoine (2012-2015) 6) José de Jesús Orozco (2010-2017) 7) Tracy Robinson (2012-2015)

9. Inter-American SystemMechanisms for the Protection of Human Rights Inter-American Commission on Human Rights Contentious Jurisdiction Individual Complaints Precautionary Measures Reports Country Reports Follow up Reports Thematic Reports Other Tools Recommendations Advisory Services Statements Hearings Rapporteurs On-site visits CEJIL

10. IACHR Rapporteurships Established in response to the IACHR’s specific interest in certain populations, vulnerable groups or human rights issues. Their main role is to support the IACHR in cases in progress, as well as in the preparation of reports and monitoring of situations.

11. Inter-American CommissionMembers’ Responsibilities • Thematic Rapporteurs on the Rights of: • Women • Persons deprived of liberty • Migrant workers and their families • Children • Indigenous peoples • Afro-descendants • Special Rapporteur on Freedom of Expression • Human Rights Defenders • Country Rapporteurs • LGBTI Unit CEJIL

12. Jurisdiction • Ratione materiae • Scope of rights protected • Ratione personae • Active legitimation (who can file) • Passive legitimation (against who) • Ratione temporis • Ratione loci: State jurisdiction

13. Admissibility • Six-month rule • Exhaustion of domestic remedies • Litis pendence

14. Rule of Exhaustion of Domestic Remedies • Rationale: • complementary character of international protection • Criteria for Interpreting this Rule: • should not lead to a halt or delay that would render international action in support of the defenseless victim ineffective • effete utile CEJIL

15. Rule of Exhaustion of Domestic Remedies • Requirements of Domestic Remedies: • judicial • ordinary • adequate: suitable to address the infringement of a legal right • not all remedies applicable in every instance • if a remedy is not adequate in a specific case, it need not be exhausted • effective: capable of producing the result for which the remedies were intended • a remedy is NOT effective if: • it is powerless to compel authorities • it presents danger to those who invoke it • it is not impartially applied CEJIL

16. Exceptions to the Exhaustion of Domestic Remedies: IACHR Rules of Procedure - Art. 31(2) Domestic legislation does not afford due process of law Party alleging violation has been denied access to the remedies under domestic law or has been prevented from exhausting them Unwarranted delay CEJIL

17. Admissibility • Determining a State’s international responsibility for violation of a person’s human rights allows for broad evidentiary standards in accordance with the rules of logic and on the basis of experience: • direct evidence (testimonial, documental, etc.) and • circumstantial evidence (indicia, presumptions, etc.) so long as it is possible to infer conclusions consistent with the facts CEJIL

18. How might you speed up a case?IACHR Rules Art. 29 The petition shall be studied in the order it was received; however, the Commission may expedite the evaluation of a petition in situations such as the following: • a. when the passage of time would deprive the petition of its effectiveness, in particular: • i. when the alleged victim is an older person or a child; • ii. when the alleged victim is terminally ill; • iii. when it is alleged that the death penalty could be applied to the presumed victim; or • iv. when the object of the petition is connected to a precautionary or provisional measure in effect CEJIL

19. ADMISSIBILITY PROCEDURE Registry and beginning of the case Petition Report on Admissibility Transfer to the State and State’s Answer IACHR Report on Inadmissibility Optional Request for Additional Information

20. PROCEDURE ON THE MERITS (IACHR) Notification of Compliance Deadline to State and Petitioner CEJIL Petitioner’s Brief on the Merits Hearing Transfer to Petitioners Decision on the merits (art. 43) State Responds Additional Information

21. Precautionary MeasuresRequirementsIACHR Rules of Procedure - Art. 25 • Commission may issue precautionary measures when: • serious and urgent case • necessary to avoid irreparable harm, and • denounced facts are credible • Request for such measures and their adoption shall not prejudice final decision • Don’t need to exhaust all domestic remedies (but need to prove domestic action or justify inaction) CEJIL

22. Positive Outcomes from International Human Rights Litigation • Involve Member States in a dialogue • Create spaces for coordination / movement-building • Provide redress to victims and/or family members • Create awareness of an issue • Change patterns and practices • Create additional guarantees against non-repetition • Give legitimacy to a claim • Change domestic laws, constitutions • Prosecution and/or punishment of perpetrators • Protect persons in danger

23. Challenges • Representation • Backlog • Costs • Implementation of Judgments

24. Thank you!