Center For Human Rights and Humanitarian Law OEA/Ser.L./V/II.7 Original: Spanish INTER-AMERICAN COMMISSION ON HUMAN RIGHTS REPORT ON THE WORK ACCOMPLISHED DURING ITS SIXTH SESSION April 16 to May 8, 1963 General Secretariat, Organization of American States Washington, D. C. TABLE OF CONTENTS Paragraphs Page Organization of the Sixth Session 4 Opening date and length of session 1 - 4 4 Members of the Commission and their participation in the session 5 5 Meetings and documents 6 - 9 5 Secretariat 10 - 11 5
II. Agenda 12 7
III. Report prepared by the Secretariat on the work accomplished by the Commission during its Fifth Session 13 - 14 8
IV. Report prepared by the Secretariat on the work accomplished by the Commission during its First Special Session 15 8
The report of the Executive Secretary on the activities of the Secretariat between the Fifth and Sixth Sessions of the Commission 16 - 17 8
VI. Violations of human rights in the American countries 9 Report of the Subcommittee 18 - 21 9 The case of Paraguay 22 - 24 10 Report on the situation regarding political prisoners and their families in Cuba 25 - 29 10 The case of Nicaragua 30 - 33 11 The case of Haiti 34 - 39 11
VII. Visit to the Dominican Republic 40 - 46 13
VIII. Activities related to the general work program 17 Amendment of the Statute and Regulations of the Commission 47 - 49 17 Preliminary draft convention on "Freedom of expression, information, and investigation" 18 Part II of the Report "The Relationship Between Respect for Human Rights and the Effective Exercise of Representative Democracy 18 Part II of the Report "The Right of Suffrage in America 50 18
IX. Other decisions and conclusions of the Commission 18 Fellowship Program 51 18 National Committees on Human Rights 52 18 Communications to the governments 53 18 Communication to the Chairman of the Council of the Organization of American States 54 18 Date and Place of the Seventh Session 55 19 Commemoration of the Fifteenth Anniversary of the American Declaration of the Rights and Duties of Man 56 - 58 19 Closing of the Sixth Session 59 20
Appendix - Documents of the Sixth Session 21
INTER-AMERICAN COMMISSION ON HUMAN
RIGHTS
REPORT ON THE WORK ACCOMPLISHED DURING ITS SIXTH SESSION APRIL 16 TO MAY 8, 1963
I. ORGANIZATION OF THE SIXTH SESSION
A. Opening date and length of session
1. The Inter-American Commission on Human Rights held its Sixth Session from April 16
to May 8, 1963, part of it taking place at its headquarters in the Pan American Union,
Washington, D. C., and part in Santo Domingo, Dominican Republic. The Subcommittee, which
was created for the purpose of studying communications or claims directed to the Commission
and to make pertinent recommendations thereon, met from April 10 to 13.
2. The opening meeting was held at 10 a.m. on April 16 in the Columbus Room of the
Pan American Union, and was attended by the Secretary General of the Organization, Dr.
José A.
Mora, the Assistant Secretary General of the Organization, Dr. William Sanders, and the Director
of the Department of Legal Affairs of the Pan American Union, Dr. Francisco V. Garcia Amador,
as guests of honor.
3. After declaring the Sixth Session open, the Chairman of the Commission, Professor
Manuel Bianchi, referred to the absence of Mr. Romulo Gallegos, member of the Commission, for
reasons of health, and expressed a desire for his complete recovery. He pointed out that the
agenda of the Sixth Session was of particular interest, inasmuch as the Commission should
conclude the work it had begun at its Special Session in January, 1963, regarding the situation of
political prisoners and their families in Cuba. He also stated that the Commission should concern
itself with some of the problems affecting human rights in other countries of the hemisphere. He
stressed the importance of the work that the Commission had been carrying on in accordance with
its general work program, which included the "Draft Convention on Freedom of Expression,
Information, and Investigation;" the report on the "Relationship Between the Respect for Human
Rights and the Effective Exercise of Representative Democracy;" and the study on the right of
suffrage in America. He stated that the Commission, despite its limited powers, had endeavored
to fulfil, without deviating in the least from its Statute, the imperative mandate to "promote
respect for human rights" in the Americas. He referred to the extraordinary encyclical of Pope
John XXIII "Pacem in Terris," which contrary to some interpretations placed emphasis on liberty
and human rights with absolute clarity. He expressed appreciation to the Secretary General of the
Organization and other officials present at the meeting, and reiterated his satisfaction with the
facilities provided by the General Secretariat for the normal progress of the work of the
Commission.
4. The Secretary General of the Organization, in expressing his appreciation for the words
spoken by the Chairman of the Commission, pointed out that the work performed by the
Commission responded to the requirements of the American peoples, and that the organizations
that were created with vitality and greatness, as was the case with the Inter-American
Commission on Human Rights, could not be limited by the simple device of regulations. He
expressed confidence that in the days to come this organization will extend its activities in behalf
of human rights and the effective exercise of democracy. He repeated the offer of collaboration
by the General Secretariat, and expressed his best wishes for the success of the Sixth Session.
B. Members of the Commission and their participation in the session
5. The Commission is composed of the following members:
Name Nationality Mrs. Angela Acuna de Chacon Costa Rica Dr. Manuel Bianchi Gundian Chile Dr. Gonzalo Escudero Ecuador Dr. Gabino Fraga Mexico Mr. Romulo Gallegos Venezuela Dr. Reynaldo Galindo Pohl El Salvador Dr. Durward V. Sandifer United States
All members, with the exception of Mr. Romulo Gallegos, attended the Sixth Session.
C. Meetings and documents
6. During the Sixth Session the Commission held twenty-two meetings, fourteen at its
headquarters in Washington, D. C., and eight in Santo Domingo, Dominican Republic.
7. The Secretariat prepared the minutes of these meetings, which are restricted for the
exclusive use of the members.
8. The Secretariat also prepared lists of the communications or claims received prior to
the opening of the Session and during the Session, and in each case it attached a
résumé of the
contents. The list was compiled in chronological order and according to countries (Doc. 2-VI,
Rev.).
9. In compliance with the decision reached by the Commission at its First Special Session,
the Secretariat prepared a draft report on the situation of political prisoners and their families in
Cuba, which served as a basis for the report published by the Commission on this subject (Doc.
4-VI).
D. Secretariat
10. The Commission was provided with the technical and administrative services of its
Secretariat, composed of the Executive Secretary, Dr. Luis Reque, and Drs. Isidoro Zanotti,
Ronald Scheman, Guillermo Cabrera, and Alvaro Gomez, officials of the Secretariat.
11. The Commission issued several press releases for the purpose informing the public of
its activities through the Press Division of the Pan American Union, which provided public
information services.
II. AGENDA
12. At its first meeting, held on April 16, 1963, the Commission approved the following agenda for the Sixth Session: 1. Report prepared by the Secretariat on the work accomplished by
the Commission
during its Fifth Session.
2. Report prepared by the Secretariat on the work accomplished by
the Commission
during its First Special Session.
Report of the Executive Secretary on the activities of the Secretariat between the Fifth and Sixth Sessions of the Commission.
4. Report of the Subcommittee regarding the communications or claims received.
5. Violations of human rights in American countries: a. The case of Paraguay. b. Draft report on the situation of political prisoners and their families in Cuba. c. The case of Nicaragua. d. The case of Haiti.
6. General work program: a. Amendments to the Statute and Regulations of the Commission. b. Draft "Convention on Freedom of Expression, Information, and Investigation," presented by Ambassador Gonzalo Escudero. c. Part II of the Report "The Relationship Between the Respect for Human Rights and the Effective Exercise of Representative Democracy," presented by Professor Durward V. Sandifer. d. Part 11 of the Report "The Right of Suffrage in America," by Professor Manuel
Bianchi, Chairman of the Commission.
7. National Committees on Human Rights and Fellowship Program. Report
of the
Secretariat.
Communications to the governments and to the Council of the Organization of American
States
. 9. Date and place of the Seventh Session.
10. Other matters.
III. REPORT PREPARED BY THE SECRETARIAT ON THE
WORK
ACCOMPLISHED BY THE COMMISSION DURING ITS FIFTH SESSION
13. At the first meeting, held on April 16, the Executive Secretary presented the report on
the work accomplished by the Commission during its Fifth Session (Doc. 40-V). This report
summarizes the work carried out between September 24 and October 26, 1962, during the
aforesaid Fifth Session, and contains a report on the activities of the Commission with respect to
violations of human rights in some of the American countries, particularly Cuba, Haiti, Nicaragua,
and Paraguay.
14. This report also describes the work accomplished in accordance with the General
Work Program, and the decisions taken by the Commission with respect to Rules of Procedure
concerning the drafts and reports of the Commission; the preliminary draft "Convention on
Freedom of Expression, Information, and Investigation" presented by Dr. Gonzalo Escudero, on
"Rights of Suffrage in America," by Professor Manuel Bianchi, and the Second Part of the
Report, "The Relationship Between the Respect for Human Rights and the Effective Exercise of
Representative Democracy," by Dr. Durward V. Sandifer.
IV. REPORT PREPARED BY THE SECRETARIAT ON THE WORK ACCOMPLISHED BY THE COMMISSION DURING ITS FIRST
SPECIAL SESSION
15. At the second meeting, April 17, the Executive Secretary presented the report on the
work accomplished by the Commission during its First Special Session (Doc. 18-I-SS). This
document sets forth the work of the Commission from January 3 to 23, 1963, the period covered
by the aforesaid Session, held partly at the Pan American Union, Washington, D.C. and partly in
Miami. The report describes the consideration given by the Commission to the situation of human
rights in some of the American countries, particularly Cuba, Nicaragua, and Paraguay, including
the decisions reached in each case by the Commission, and a report on the activities carried out
during its stay in Miami. The document also refers to the invitation of the Dominican
Government to the Commission for the purpose of verifying on the spot the progress made in the
field of human rights, and to the participation of five members of the Commission in the First
Symposium on Representative Democracy which was held in Santo Domingo from December 17
to 22, 1962, at the invitation of the Dominican Government.
V. THE REPORT OF THE EXECUTIVE SECRETARY ON THE
ACTIVITIES OF THE
SECRETARIAT BETWEEN THE FIFTH AND SIXTH SESSIONS OF THE
COMMISSION
16. At the second meeting, the Commission took cognizance of the report presented by the Executive Secretary on the activities of the Secretariat between the Fifth and Sixth Sessions (Doc. 9-VI). This document relates the work undertaken by the Secretariat as a result of the decisions taken by the Commission at its Fifth Session and First Special Session, stressing the importance of the action taken with respect to the request made to the Government of Nicaragua for consent to visit that country and the draft report on the situation of political prisoners and their families in Cuba. The first document referred to above, namely, the document relative to the Republic of Nicaragua (Doc. 17-VI), contains the texts of the communications exchanged between the Government of Nicaragua and the Commission, the resolution of the Fifth Meeting of Consultation of Ministers of Foreign Affairs on the "Appointment of Observers to Elections of High Authorities;" a project on the same subject, submitted by the Delegation of Nicaragua; and statements to the press made by high authorities of the Nicaraguan government regarding the possible visit of the Commission. This document is restricted. With respect to the draft report on the situation of political prisoners and their families in Cuba, the report of the Secretariat points out that this draft was prepared on the basis of the information and communications received by the Commission, and the information and communications supplied to it during its visit to Miami. The report also mentions the standard procedure followed with rect to the communications or claims received during this period, and the compilation of background information on the situation of human rights in some of the American countries. In this report, the Secretariat made particular reference to the draft regulations that were being drawn up, incorporating the decisions taken by the Commission during its seven sessions. Lastly, mention is made of the fellowship program and of the background material used by the rapporteurs in drafting the reports and studies whose preparation was entrusted to them by the Commission. 17. The report of the Secretariat was approved without modification, and the
Commission recorded its congratulations for the manner in which the Secretariat had fulfilled the
tasks that were assigned to it.
VI. VIOLATIONS OF HUMAN RIGHTS IN THE
AMERICAN COUNTRIES
A. Report of the Subcommittee
18. The Subcommittee is composed of three members of the Commission as follows: Chairman Dr. Manuel Bianchi Gundian Members Dr. Gonzalo Escudero Dr. Durward V. Sandifer
19. In accordance with the Regulations, the Subcommittee met one week prior to the
opening of the Session to make preliminary study of the communications or claims addressed to
the Commission, and to prepare the draft Agenda of the Sixth Session.
20. At the conclusion of its discussions the Subcommittee issued a report (Doc. 3-VI),
which was submitted to the Commission for consideration at the first and second meetings.
21. Bearing in mind the recommendations of the Subcommittee, the Commission decided
to instruct its Secretariat to transmit the pertinent parts of those communications containing
concrete denunciations of violations of human rights, to the governments concerned.
Subsequently, the Commission also agreed to follow the same procedure with respect to the
communications submitted for its consideration during the course of the meetings (Doc. 2-VI,
Rev.).
B. The case of Paraguay
22. In accordance with the decision of the Commission at the First Special Session to postpone making a request for consent to the Government of Paraguay, in accordance with Article ll.c of its Statute until the Sixth Session the Commission continued to study the situation of human rights in that country during this session. 23. At the sixth meeting held on April 23, 1963, the Commission gave primary consideration to the communications or claims received regarding violations of human rights in the Republic of Paraguay. In this respect, it decided to transmit to the Paraguayan Government, the pertinent parts of communications that mentioned concrete violations of human rights, and at the same time to request the government to send the Commission any information that it deemed advisable. 24. During this meeting the Commission discussed the request to the Government of Paraguay for its consent to holding part of the session in that country. On this point, the Commission agreed to ratify the decision taken at its Fifth Session to
request this consent, and requested the Chairman, Dr. Manuel Bianchi, to enter into conversation
with the Ambassador of Paraguay in Washington and in Santiago, Chile for the purpose of
obtaining the consent of the Government of Paraguay to permit the visit of the Commission.
C. Report on the situation regarding political prisoners and their families in Cuba
25. The Commission continued to study the situation regarding human rights in Cuba at
this Session, particularly with respect to political prisoners and their families.
26. In view of the increasing number of claims and complaints received on the poor
treatment to which political prisoners and their families are subjected. and after considering the
abundant and detailed information received in writing, the Commission during its First Special
Session in January, 1963, decided to transfer its seat to Miami, Florida. in order to receive direct
information on the subject. For that purpose. the Commission met in Miami from January 20 to
23, 1963, during which time it interviewed more than eighty persons (Doc. 18-I.SS)
27. In accordance with the decision taken by the Commission in that First Special Session, the Secretariat prepared a draft report on the situation regarding political prisoners and their families in Cuba, which was considered by the Commission at several meetings of the Session. Finally, the Commission unanimously approved the aforesaid report (Doc. 4-VI) at the meeting held on May 2, 1963. The Commission decided to transmit this report to the Council of the Organization of
American States in order to bring it to the attention of the governments of the American countries
through that body. 28. The report contains a preliminary chapter that summarizes the
procedure followed with respect to Cuba, citing the various communications exchanged between
the
Commission and the government of that country, and mentions its continuing interest in the
situation regarding human rights in Cuba.
29. The remaining chapters are as follows: Chapter II, Right to protection against
arbitrary arrest; Chapter III, Situation of the political prisoners in Cuba; Chapter IV, Situation of
women in the political prisons of Cuba; Chapter V, Situation of the relatives of political prisoners
in Cuba. The last section contains final considerations, which summarize the observations of the
Commission.
D. The case of Nicaragua
30. As in the case of the Fifth Session and the First Special Session (Docs. 40-V and
18-I-SS), the Commission continued to concern itself with the situation regarding human rights in
Nicaragua during the Sixth Session.
31. During the fifth meeting, in accordance with Article 28 of its Regulations, the
Commission decided to transmit to the Government of Nicaragua the pertinent parts of the
communications or claims received that concerned concrete violations of human rights.
32. At the same meeting the Commission took cognizance of the discussion that took
place on February 7, 1963, in the Council of the Organization with regard to the note transmitted
to the Chairman of the Council by the Commission, referring to the denial of the Government of
Nicaragua to the Commission to hold a part of its special Session in January 1963, in that country.
The Commission decided to place on record its appreciation to Ambassador Gonzalo Escudero
for his defense of the action of the Commission in the case, and unanimously agreed to adopt as
its own the expressions of Ambassador Escudero in that session of the Council of the
Organization.
33. In accordance with instructions received from the Commission at the First Special
Session, the Secretariat prepared a document entitled "Documents and Information Concerning
the Request for the Consent of the Government of Nicaragua" (Doc. 17-I-SS). After studying
this document, the Commission decided that it should be restricted, and, at the same time
requested the Secretariat to compile the information received on the situation regarding human
rights in Nicaragua. The Commission agreed to continue to study the case of Nicaragua at its
next session.
E. The case of Haiti
34. The Commission studied the situation regarding human rights in Haiti at its sixth,
thirteenth, fourteenth, and seventeenth meetings, held on April 23 and May 2, 3, and 6,
respectively.
35. At the sixth meeting the Commission studied the communications or claims sent to it
on violations of human rights in Haiti. In accordance with the terms of its Regulations, the
Commission agreed to deal with them in the prescribed manner.
36. At the thirteenth and fourteenth meetings, the Commission granted interviews to two
Haitian citizens who had expressed a desire to appear before the Commission for the purpose of
elaborating on their written denunciations. During the course of these interviews, the Haitian
citizens discussed fully the situation regarding human rights in their country and furnished
pertinent documents.
37. As a result of the information and complaints that had been received on serious and
repeated violations of human rights in Haiti, the Commission at its seventeenth meeting agreed to
request once more, in accordance with Article ll.c of its Statute, the consent of the Government of
Haiti to hold a part of the Sixth Session in that country. As a consequence of this decision, the
Commission sent the following cable to the Government of Haiti:
May 7, 1963
HIS EXCELLENCY RENE CHALMERS SECRETARY OF STATE FOR FOREIGN AFFAIRS PORT-AU-PRINCE
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DEEPLY
CONCERNED
OVER REPORTS AND COMPLAINTS IT HAS RECEIVED IN WASHINGTON DC, AND
PARTICULARLY BY THOSE TRANSMITTED TO IT IN THAT CITY BY PRIVATE
INDIVIDUALS AND REPRESENTATIVES OF ASSOCIATIONS ON MAY 2 AND 3, 1963,
ON SERIOUS AND REPEATED VIOLATIONS OF HUMAN RIGHTS THAT TOOK PLACE
IN HAITI, COINCIDING WITH RECENT AND SUPPORTING INFORMATION
APPEARING IN THE CONTINENTAL PRESS, WISHES TO REQUEST AGAIN, IN
ACCORDANCE WITH ARTICLE ll.c OF THE STATUTE, THE CONSENT OF THE
GOVERNMENT OF HAITI TO HOLD PART OF THE PRESENT SESSION TN HAITIAN
TERRITORY. IN THIS RESPECT I WISH TO REMIND YOUR EXCELLENCY THAT,
AFTER THE GOVERNMENT OF HAITI'S DENIAL, OCTOBER 11, 1962, OF THE FIRST
REQUEST FOR CONSENT SENT BY THE COMMISSION ON SEPTEMBER 26 OF THE
SAME YEAR, I SENT YOUR EXCELLENCY A NOTE ON OCTOBER 16, 1962, STATING
THAT THE COMMISSION HAS THE AUTHORITY TO TRAVEL, AFTER PERMISSION IS
RECEIVED FROM THE RESPECTIVE GOVERNMENT, TO THE TERRITORY OF ANY
AMERICAN STATE, AND THAT THE EXERCISE OF ITS POWERS IN THIS CASE DOES
NOT SIGNIFY ANY INTERFERENCE TN THE INTERNAL MATTERS OF AN
AMERICAN STATE THAT MIGHT AFFECT ITS SOVEREIGNTY AS HAS BEEN
RECOGNIZED BY THE AMERICAN STATES THEMSELVES, AMONG THEM HAITI,
WHEN THEY CREATED COMMISSION AT THE FIFTH MEETING OF CONSULTATION
OF MINISTERS OF FOREIGN AFFAIRS AND APPROVED ITS STATUTE ON MAY 25,
1960. I SHALL GREATLY APPRECIATE AN IMMEDIATE REPLY TO THIS
COMMUNICATION, BY CABLE, FROM YOUR EXCELLENCY. ACCEPT SIR THE
RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION.
MANUEL BIANCHI CHAIRMAN
38. The government of Haiti replied by cable on May 10, denying the request for consent in
the
following terms:
MR. MANUEL BIANCHI, CHAIRMAN INTER-AMERICAN COMMISSION ON HUMAN RIGHTS PAN AMERICAN UNION WASHINGTON, DC
I HAVE THE HONOR TO ACKNOWLEDGE THE RECEIPT OF YOUR CABLE OF
MAY 7,
1963, REGARDING THE REQUEST OF THE INTER-AMERICAN COMMISSION OF
HUMAN RIGHTS TO HOLD A PART OF ITS PRESENT SESSION IN HAITI. I WISH TO
POINT OUT ONCE MORE THAT THE COMMISSION'S REQUEST COULD BE
INTERPRETED AS A FORM OF INTERFERENCE IN THE INTERNAL AFFAIRS OF THE
REPUBLIC OF HAITI; A THREAT TO ITS SOVEREIGNTY AT A TIME WHEN THE
HAITIAN GOVERNMENT AND PEOPLE ARE FACED WITH A TRUE INTERNATIONAL
CONSPIRACY. THEREFORE I REGRET TO INFORM YOU THAT MY GOVERNMENT,
AFTER TAKING DUE COGNIZANCE OF THE MATTER, DOES NOT BELIEVE THAT IT
SHOULD GIVE ITS CONSENT. MY HIGHEST CONSIDERATIONS.
CLOVIS DESINOR ACTING SECRETARY OF STATE FOR FOREIGN AFFAIRS
39. The Commission took cognizance of the refusal by the Government of Haiti at its
twenty-second meeting, and resolved to inform the Council of the Organization of American
States, acting as a Provisional Organ of Consultation, of its deep concern about the situation
regarding human rights in that country, and of the refusal of the Government of Haiti to permit
the Commission to examine on its own territory the reports it had received of serious and
repeated violations of human rights. Pursuant to this decision, the Commission sent a note on
May 14 to the Chairman of the Council.
VII. VISIT TO THE DOMINICAN REPUBLIC
40. During the course of this Session the Commission transferred its headquarters
temporarily to the Dominican Republic, from May 4-9, 1963, holding eight meetings, including
the closing meeting of its Sixth Session, in Santo Domingo.
41. The reason for the visit was a complaint addressed to the Commission on April 5,
1963, signed by the leaders of four political groups, alleging violations of human rights by the
police of the country. The text of the report is as follows:
April 6, 1963
SECRETARY GENERAL ORGANIZATION OF AMERICAN STATES WASHINGTON, DC
LAST NIGHT THE "RAHINTEL" TELEVISION STATION WAS ATTACKED BY
CIVIL
AGENTS OF THE SECURITY SERVICE ARMED WITH MACHINE GUNS DURING A
NEWS PROGRAM DIRECTED BY NEWSPAPERMAN RAFAEL BONILLA AYBAR, AN
OPPONENT OF THE GOVERNMENT, OPENING FIRE AND WOUNDING THE
PRESIDENT OF THE DOMINICAN INDUSTRIAL ASSOCIATION, HORACIO ALVAREZ,
AND HIS SON. THIS ACT ENDANGERED THE LIVES OF POLITICAL LEADERS OF
DEMOCRATIC PARTIES AND A LARGE NUMBER OF PERSONS ATTENDING THE
PROGRAM. LATER BONILLA WAS ARRESTED. WE VIGOROUSLY PROTEST THIS
VIOLATION OF CONSTITUTIONAL LAW AND OF HUMAN RIGHTS MENTIONED IN
THE OAS CHARTER. DOMINICAN PEOPLE ALARMED AND INDIGNANT AT THE
UNLAWFUL BEHAVIOR OF GOVERNMENT AGENTS BECAUSE IT CONSTITUTES A
BREACH OF CONSTITUTIONALITY.
UNION CIVICA NACIONAL: DR VIRIATO FIALLO, PRESIDE.NT ALIANZA SOCIAL
DEMOCRATA: DR JUAN ISIDRO JIMENEZ GRULLON, PRESIDENT NACIONALISTA
REVOLUCIONARIO DEMOCRATICO: MIGUEL A. RAMIRES, PRESIDENT
DEMOCRATA CRISTIANO: DR. MARIO READ VITTINI, DELEGATE
42. On April 23, 1963, the Commission received a communication from the Government
of the Dominican Republic, inviting it to travel to the Dominican Republic, in order to check in its
own territory whether the acts reported were true. The text of this communication is as follows:
April 23, 1963
Mr. Chairman: I have the honor to refer to the report that appeared in the April 11, 1963, issue of the
newspaper "El Caribe," which is published in Santo Domingo. This news item informs the public
that several Dominican political parties have reported the violation of human rights in the country
to the Secretary General of the Organization of American States. The aforementioned newspaper
also publishes the text of a cable that Dr. José A. Mora sent in reply to the political
leaders'
message, informing them that the matter has been referred to the Inter-American Commission on
Human Rights.
In accordance with instructions I have received, I wish to inform you, as I have already
stated to the Secretary General of the Organization, that the Government of the Dominican
Republic will be pleased to receive a visit from the Commission over which you preside, and will
offer it every facility, in order that it may verify on our territory the accusations that have been
made.
Accept, Sir, the renewed assurances of my highest consideration.
Ambassador, Acting Representative
Dr. Manuel Bianchi Chairman of the Inter-American Commission on Human Rights Pan American Union Washington, D. C.
43. In accordance with a decision taken on April 26, 1963, and after requesting
authorization, the Commission decided to travel to the Dominican Republic on May 4. All of the
members participated in the visit, and the Commission was installed in the El Embajador Hotel in
Santo Domingo.
44. On Sunday, May 5 the Commission began its meetings and approved the agenda.
Subsequently it held interviews with the President of the Republic and other high Dominican
authorities; it heard the testimony of the persons who signed the report, and received written and
tape recorded versions of the charges made.
45. After giving careful consideration to all the information received, the Commission
reached the following conclusions: 1) That it would refrain from qualifying the acts denounced in
the aforementioned cable, and particularly the political aspects that such acts could imply, because
of the conviction that the clarification of these acts properly belonged to the administration of
justice of the Dominican Republic, and also because the Attorney General of the republic had
informed the Commission that the investigation of these acts was in the stage of preliminary court
proceedings; and 2) That the Commission clearly understood the full significance of the trust
shown by the Dominican government in inviting it to meet again in Santo Domingo, and that it
hoped that the Dominican people would continue to enjoy the benefits of representative
democracy recently reestablished and of the human rights upon which the existence of democratic
government depends. Based upon these conclusions, the Commission on May 20, 1963, sent the
following communication to the Government of the Dominican Republic:
May 20, 1963
Mr. Secretary:
On April 6, 1963, Dr. Viriato A. Fiallo, President of the Union Civica Nacional; Dr. Juan
Isidro Jiménez Grullon, President of the Alianza Social Democrata; Mr. Miguel A.
Ramirez,
President of the Partido Nacionalista Revolucionario Democratico; and Dr. Mario Read Vittini,
Delegate of the Partido Democrata Cristiano, sent the following cable to the Secretary General of
the Organization:
"Last night the "Rahintel" television station was attacked by Civil Agents of the Security
Service armed with machine guns during a news program directed br newspaperman
Rafael Bonilla Aybar, an opponent of the government, opening fire and wounding the
President of the Dominican Industrial Association, Horacio Alvarez, and his son. This act
endangered the lives of political leaders of democratic parties and a large number of
persons attending the program. Later Bonilla was arrested. We vigorously protest this
violation of constitutional law and of human rights mentioned in OAS Charter. Dominican
people alarmed and indignant at the unlawful behavior of government agents because it
constitutes a breach of constitutionality."
This communication was referred by the Secretary General to the Inter-American
Commission on Human Rights.
In accordance with Article 28 of the Regulations, the Commission transmitted a copy of
this communication to you on April 26 last, requesting you at the same time to provide any
information that you considered appropriate.
On April 23 last, Dr. Arturo Calventi, Acting Representative of the Dominican Republic
on the Council of the Organization, informed the Commission in accordance with instructions he
had received that the Dominican government would be pleased to receive the visit of the
Inter-American Commission on Human Rights, and that it would offer every facility in order that
the
Commission might examine, on Dominican territory, the charges that had been made.
In a note sent to Ambassador Arturo Calventi on April 26, 1963, the Commission stated
its intention to travel to the Dominican Republic, and for this purpose, in strict compliance with
Article ll.c of its Statute, it requested your government to give its prior consent to this visit.
As you are aware, the Commission held a part of its Sixth Session in Santo Domingo, May
5-9, and in accordance with its Statute, took cognizance during that time of the charges
mentioned in the aforementioned cable.
Mr. Andrés A. Freites Secretary of State for Foreign Affairs Santo Domingo, Dominican Republic
The Commission refrains from qualifying the acts reported in the aforementioned cable, particularly the political aspects that such acts could imply, because of the conviction that the
clarification of these acts properly belong to the administration of justice of the Dominican
Republic, and furthermore, because the Attorney General of the Republic has informed the
Commission that the investigation of these acts was in the stage of preliminary court proceedings.
The Commission understands quite clearly the full significance of the trust shown by the
Dominican government in inviting it to meet again in Santo Domingo. The Commission hopes
that the Dominican people will continue to enjoy the benefits of representative democracy recently
reestablished, and of the human rights upon which the existence of democratic government
depends.
Accept, Sir, the renewed assurances of my highest consideration.
(Sgd.) Manuel Bianchi
Gundin, Chairman
Inter-American Commission on
Human Rights
46. At the conclusion of its visit to the Dominican Republic and after closing the Sixth
Session, the Commission issued a press release to inform the public on the work accomplished.
VIII. ACTIVITIES RELATED TO THE GENERAL WORK
PROGRAM
A. Amendment of the Statute and Regulations of the Commission
47. At its nineteenth meeting, held on May 7, the Commission considered the topics
relating to the amendment of its Statute and Regulations.
48. With respect to the broadening and strengthening of its powers, in accordance with
the draft it submitted to the Council of the Organization in October 1960, Ambassador Escudero
reported that this matter was still being considered by the Committee on Juridical Political Affairs,
of the Council, that he had personally submitted draft amendments to that Committee for
consideration, but that in view of certain opposition to his draft he had decided to withdraw it,
and that, notwithstanding the mandate of the Eighth Meeting of Consultation of Ministers of
Foreign Affairs to broaden and strengthen the powers of the Commission, there still appeared to
be some opposition to broadening the powers of the Commission.
49. With respect to the amendment of the Regulations of the Commission, the Executive
Secretary reported that the Secretariat had prepared a document containing the revised draft
Regulations, which would be distributed among the members of the Commission at the earliest
possible moment. The Commission agreed that the Secretariat should proceed to publish the
aforesaid document and transmit it to the members of the Commission for their observations.
Ambassador Escudero proposed that an article be incorporated in this draft regarding the
appointment of subcommittees. This proposal was approved.
B. Preliminary draft convention on "Freedom of expression, innformation and
investigation."
C. Part II of the Report "The Relationship Between Respect for Human
Rights and the
Effective Exercise of Representative Democracy."
D. Part II of the Report "The.Right of Suffrage in America."
50. In view of the visit that the Commission had to make to the Dominican Republic, it
decided to postpone the consideration of topics B, C, and D until the Seventh Session.
IX. OTHER DECISIONS AND CONCLUSIONS OF
THE COMMISSION
A. Fellowship Program
51. In his report on the activities of the Secretariat during the Fifth and Sixth Sessions
(Doc. 8-VI), the Executive Secretary referred to the report of the Secretariat that was submitted
at the previous Session, which stated that an item was included in the Budget of the Pan American
Union for 1963-1964 to initiate a course on human rights in the Instituto de Derecho Comparado
de Mexico (Institute of comparative Law, Mexico). If this item is approved by the Council of the
Organization, the aforementioned course will be given in late 1963 or early 1964.
B. National Committees on Human Rights
52. In the report mentioned in the preceding paragraph, the Executive Secretary informed
the Commission of the action taken by the Secretariat with respect to the National Committees on
Human Rights. In compliance with the decision of the Commission at its Fifth Session, the
Secretariat had written to several organizations for the purpose of exchanging ideas and
information that might lead to useful cooperation.
C. Communications to the governments
53. In accordance with the decisions taken at the third, ninth, and fourteenth meetings of
this Session, held on April 18 and 26 and May 3, respectively the Commission, pursuant to Article
28 of the Regulations, wrote to the governments of some of the American countries requesting
information on alleged violations of human rights in their territories.
D. Communication to the Chairman of the Council of the Organization of American
States
54. As in its preceding sessions, the Commission decided during the twenty-second
meeting, held on May 8, to send a note to the Chairman of the Council of the Organization of
American States, Ambassador Gonzalo Facio, informing him of the work accomplished by the
Commission during its Sixth Session.
E. Date and Place of the Seventh Session
55 In accordance with the communication addressed by the Minister of Foreign Affairs of Chile to the Chairman of the Commission, Dr. Manuel Bianchi, to the effect that the Government of Chile would be pleased to have the Commission hold its forthcoming session in Santiago, Chile, the Commission decided at the twelfth meeting, held on May 1, to fix Santiago as the site of the Seventh Session, and to open the said session on October 7, 1963. It was agreed that the Subcommittee would begin its work on October 2. In accordance with this decision, the Commission sent the following cable to the Government of Chile: `
May 1, 1963
HIS EXCELLENCY CARLOS MARTINEZ SOTOMAYOR MINISTER OF FOREIGN AFFAIRS SANTIAGO (CHILE)
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, BEING INFORMED THAT
YOUR GOVERNMENT WOULD BE PLEASED IF THE COMMISSION AGREED TO
HOLD ITS SEVENTH SESSION IN SANTIAGO, CHILE, IN OCTOBER 1963,
UNANIMOUSLY DECIDED, IN ACCORDANCE WITH ARTICLE ll.c OF ITS STATUTE,
TO TRANSFER ITS SEAT TO SANTIAGO CHILE DURING THE AFORESAID MONTH.
IN APPRECIATING THE IMPORTANCE OF THIS AUTHORIZATION THE COMMISSION
HAS ENTRUSTED ME TO EXPRESS, THROUGH YOUR EXCELLENCY, ITS DEEPEST
APPRECIATION TO YOUR GOVERNMENT.
MANUEL BIANCHI CHAIRMAN
F. Commemoration of the Fifteenth Anniversary of the American
Declaration of the Rights
and Duties of Man
56. At the first meeting, held on April 16, the Commission agreed to commemorate the
Fifteenth Anniversary of the American Declaration of the Rights and Duties of Man, which was
approved in 1948 at the Ninth International Conference of American States, held in Bogota.
57. For this purpose, the Council of the Organization of American States held a Protocolary Meeting, attended by the members of the Commission, on May 2. Speakers at that meeting were the Chairman of the Council of the Organization,
Ambassador Gonzalo Facio; the Chairman of the Commission, Dr. Manuel Bianchi; and the
Secretary General of the Organization, Dr. Jose A. Mora. The Texts of these addresses are
contained in Document 29, dated June 21, 1963.
58. The Commission, at its first meeting, decided to publish a report, as part of the
aforementioned commemoration, on the American Declaration of the Rights and Duties of Man
and on the work of the Commission since it began its activities. In compliance with this decision,
the Secretariat prepared a draft outline of the aforementioned report, entitled "The American
Declaration of the Rights and Duties of Man and the Inter-American Commission on Human
Rights," which was approved by the Commission.
G. Closing of the Sixth Session
59. During the twenty-second meeting, which was held in Santo Domingo, Dominican
Republic, on May 8, 1963, the Commission decided to delegate its functions to a subcommittee
that, after returning to the permanent seat of the Commission at the Pan American Union, in
Washington, D. C., would take cognizance of the matters left pending after the Sixth Session. At
the same meeting, the Chairman declared the Sixth Session of the Commission adjourned.
APPENDIX
DOCUMENTS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (OEA/Ser,L/V)
Document Number Title OEA/Ser.L,/V/II.7 DOCUMENTS OF THE SIXTH SESSION
Doc. 1 Documentos de la Comisión Interamericana
de Derechos Humanos, registrados por la Secretaria hasta el 21
de junio de 1963
Doc. 2-Rev. Resumen de las comunicaciones recibidas por la
Comisión
Interamericana de Derechos Humanos, correspondiente el Sexto Periodo de
Sesiones
Doc. 3 Informe sometido por la Subcomisión a la
Comision
Interamericana de Derechos Humanos
Doc. 4 Informe sobre la situation de los presos politicos y
sus
familiares en Cuba
Doc. 5 Acta resumida de la primera sesión
celebrada el 16 de abril
de 1963 (Aprobada por la Comisión en la tercera Sesión
celebrada el 18 de abril de 1963)
Doc. 6 Acta resumida de la segunda sesión
celebrada el 17 de abril
de 1963 (Aprobada por la Comision en la sexta sesión
celebrada el 23 de abril de 1963)
Doc. 7 Acta resumida de la tercera sesión celebrada
el 18 de abril
de 1963 (Aprobada por la Comisión en la quinta sesión
celebrada el 22 de abril de 1963)
Doc. 8 Informe del Secretario Ejecutivo sobre las
actividades de la
Secretaria entre el Quinto y Sexto Periodos de Sesiones
Doc. 9 Acta resumida de la cuarta sesión celebrada
el 19 de abril de
1963 (Aprobada por la Comisión en la sexta sesión
celebrada el 23 de abril de 1963)
Doc. 10 Acta resumida de la quinta sesión celebrada el 22 de
abril de
1963 (Aprobada por la Comisión en la séptima sesión
celebrada el 24 de abril de 1963)
Doc. 11 Acta resumida de la sexta sesión celebrada el 23 de
abril de
1963 (Aprobada por la Comisión en la octava sesión
celebrada el 25 de abril de 1963)
Doc. 12 Acta resumida de la sexta sesión celebrada el 24 de
abril de
1963 (Aprobada por la Comisión en la décima sesión
celebrada el 29 de abril de 1963)
Doc. 13 Acta resumida de la octava sesión celebrada el 25 de
abril
de 1963 (Aprobada por la Comisión en la décima sesión
celebrada el 29 de abril de 1963)
Doc. 14 Acta resumida de la novena sesión celebrada el 26
de abril
de 1963 (Aprobada por la Comisión en la décimatercera
sesión celebrada el 2 de mayo de 1963)
Doc. 15 Acta resumida de la décima sesion celebrada el 29
de abril
de 1963 (Aprobada per la Comision en la décimasegunda
sesión celebrada el 1 de mayo de 1963)
Doc. 16 Acta resumida de la décimaprimera sesión
celebrada el 30
de abril de 1963 (Aprobada per la Comisión en la
décimatercera sesión celebrada el 2 de mayo de 1963)
Doc. 17 Acta resumida de la decimasegunda sesión
celebrada el 1 de
mayo de 1963 (Aprobada por la Comisión en la
décimacuarta sesión celebrada el 3 de mayo de 1963)
Doc. 18 Acta resumida de la décimatercera sesión
celebrada el 2 de
mayo de 1963 (Aprobada per la Comisión en la
décimaséptima sesión celebrada el 6 de mayo de 1963)
Doc. 19 Acta resumida de la décimacuarta sesión
celebrada el 3 de
mayo de 1963 (Aprobada per la Comisión en la
decimaséptima sesión celebrada el 6 de mayo de 1963)
Doc. 20 Acta resumida de la décimaquinta sesión
celebrada el 5 de
mayo de 1963
Doc. 21 Acta resumida de la décimasexta sesión
celebrada el 5 de
mayo de 1963
Doc. 22 Acta resumida de la décimaséptima sesion
celebrada el 6 de
mayo de 1963
Doc. 23 Acta resumida de la décimaoctava sesión
celebrada el 6 de
mayo de 1963
Doc. 24 Acta resumida de la décimanovena sesión
celebrada el 7 de
mayo de 1963
Doc. 25 Acta resumida de la vigesima sesión celebrada el 7
de mayo
de 1963
Doc. 26 Acta resumida de la vigésimaprimera sesión
celebrada el 8
de mayo de 1963
Doc. 27 Acta resumida de la vigésimasegunda sesión
celebrada el 8
de mayo de 1963
Doc. 28 Informe sobre la labor desarrollada durante an Sexto
Periodo de Sesiones
Doc. 29 Textos de los discursos pronunciados por el Presidente del
Consejo de la Organizacion, el Presidente de la Comisión
Interamericana de Derechos Humanos y el Secretario
General de la Organizacion, con motivo del XV Aniversario
de la Declaración Americana de los Derechos y Deberes del
Hombre
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