Washington College of Law
Center For Human Rights and Humanitarian Law

Section 3 - Part II


A - Communications received in 1974

As started in Part III, Section I of this report, the Commission examined 626 communications or complaints denouncing 617 specific cases of alleged violations of human rights in the American States, in addition to communications reporting on the general status of such rights.

In accordance with its Statute and its Rules of Procedure, the Commission processed all the communications as required (Article 38-67).

Those communications that did not relate to disregard of human rights by the Government against which they were filed or which were incompatible with the provisions of its Statute or Rules of Procedure or manifestly unfounded (Article 39, items c and f) were declared inadmissible. Also declared inadmissible were communications in which the internal remedies of the States referred to in them had not been exhausted, in accordance with Article 54 of the Rules of Procedure.

If the communications did not meet the formal requirements (Article 38) or sufficient information was not supplied concerning the exhaustion of the proceedings and internal remedies (Article 54), the Commission requested the claimant or complainants to supplement their denunciations, specifying the requirements that had not been satisfied (Article 41), postponing their examination and authorizing the Secretariat to file the dossiers if the required information was not received within a reasonable period of time.

With respect to the communications declared admissible, the Commission transmitted the pertinent parts of such denunciations to the Governments concerned, at the same time requesting pertinent information, as established in the Rules of Procedure (Article 42 and 44). In the period covered by the present report, the Commission addressed the Governments of the following Member States: Brazil, Bolivia, Colombia, Cuba, Chile, Haiti, Guatemala, Nicaragua, Paraguay, Peru and Uruguay. Copies of the notes requesting information have been transmitted opportunely to the Missions and/or Delegations of those States to the OAS.

With the exception of the Governments of Brazil, Bolivia and Paraguay, the other Governments replied to the requests of the Commission, in some cases sending the information and, in others, requesting an extension of the time limit provided for in Article 51 of the Rules of Procedure for the submission of such information. In granting the extensions requested, the Commission had to postpone the examination of the cases for the term of such postponements. But it should be pointed out that, in the course of those proceedings, the Commission had to reiterate to some Governments more than once the request for the information that would enable it to examine the cases, warning them of the date of expiry of the time limits established in the above-mentioned Article 51, or of the extensions thereto, and the application of the rule of presumption of truth provided for in that Article. In the case of other denunciations, the Commission, considering that the information submitted both by the Governments and by the claimants was not sufficient, asked both to provide further information that would enable it to adopt decisions on the merits of the denunciations.

During the thirty-third session (July 22-August 2), held in Chile, the Commission received numerous denunciations on alleged violations of human rights in that country and collected data and testimony on the general status of those rights. These communications were classified for the purposes of processing into the following categories:

  1. Persons arrested with respect to whom the place at which they were detained was unknown;
  2. Persons arrested but not charged, under the provisions applicable in that country in "state of siege";
  3. Persons arrested and charged and/or being brought to trial or awaiting trial by the military authorities;
  4. Persons serving sentences following trials in which, according to the denunciations, due process requirements had not been complied with;
  5. Persons executed without previous trial or after trials in which, according to the denunciations, due process, embodied in Article XXVI of the American Declaration of the Rights and Duties of Man, had been violated;
  6. Juveniles who, according to the denunciations, were detained in establishments intended for adults.
B - Communications being processed

In the three sessions held in 1974 (the thirty-second, thirty-third and thirty-fourth), the Commission also continued its examination of the communications and claims carried over from earlier sessions. The Commission examined 162 denunciations relating to 48 specific cases of alleged violations of human rights in the following American countries: Brazil, Bolivia, Colombia, Cuba, Chile, United States of America, Ecuador, Guatemala, Haiti, Honduras, Mexico, Paraguay, Dominican Republic, Uruguay and Venezuela.

A short account is given below of the processing and decisions adopted with respect to each case. It should be noted that the designations of the facts that appear at the beginning of such summaries (arbitrary arrest, torture, murders, etc.) are those of the claimants and not of the Inter-American Commission on Human Rights, which is not passing judgment on such allegations or requesting any statement on them, since the merits of some of them have not yet been considered and, in other cases, the Commission decided to file them because the alleged violation was not proved or because the national authorities took appropriate steps to terminate the violation or to restore the violated right or rights, or finally because the claims were, in accordance with Article 39 d of the Rules of Procedure, declared inadmissible in that the events or situations referred to bore no relation to a disregard of human rights by the government against which the communication was directed.

1. Brazil: (Case 1769) Citation/Full Text
2. Brazil: (Case 1772) Citation/Full Text
3. Brazil: (Case 1788) Citation/Full Text
4. Brazil: (Case 1789) Citation/Full Text
5. Bolivia: (Case 1798) Citation/Full Text
6. Bolivia: (Case 1806) Citation/Full Text
7. Colombia: (Case 1765) Citation/Full Text
8. Colombia: (Case 1777) Citation/Full Text
9. Colombia: (Case 1780) Citation/Full Text
10. Colombia: (Case 1781) Citation/Full Text
11. Colombia: (Case 1787) Citation/Full Text
12. Cuba: (Case 1742) Citation/Full Text
13. Cuba: (Case 1805) Citation/Full Text
14. Cuba: (Case 1834) Citation/Full Text
15. Chile: (Case 1774) Citation/Full Text
16. Chile: (Case 1786) Citation/Full Text
17. Chile: (Case 1790) Citation/Full Text
18. Chile: (Case 1799) Citation/Full Text
19. Chile : (Case 1803) Citation/Full Text
20. Chile : (Case 1809) Citation/Full Text
21. Chile : (Case 1810) Citation/Full Text
22. Ecuador : (Case 1776) Citation/Full Text
23. United States: (Case 1752) Citation/Full Text
24. United States: (Case 1773) Citation/Full Text
25. Haiti: (Case 1808) Citation/Full Text
26. Honduras: (Case 1736) Citation/Full Text
27. Mexico: (Case 1770) Citation/Full Text
28. Paraguay: (Case 1802) Citation/Full Text
29. Dominican Republic: (Case 1775) Citation/Full Text
30. Uruguay: (Case 1744) Citation/Full Text
31. Uruguay: (Case 1766) Citation/Full Text
32. Uruguay: (Case 1771) Citation/Full Text
33. Uruguay: (Case 1783) Citation/Full Text
34. Uruguay: (Case 1793) Citation/Full Text

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