chapter iii - Organization of American States

ANNUAL REPORT OF THE INTERAMERICAN COMMISSION ON HUMAN RIGHTS 2011 CHAPTER III D. Status of compliance with the recommendations of the IACHR
Complete compliance with the decisions of the Inter-American Commission is
essential for ensuring that human rights have full force in the OAS member
states, and for helping to strengthen the Inter-American system for the
protection of human rights. For that purpose, the IACHR, in this section,
analyzes the status of compliance with the recommendations in the reports
adopted by the Commission in the last eleven years.
In this regard, the OAS General Assembly, in its resolution AG/RES. 2672
(XLI-O/11), "Observations and Recommendations on the Annual Report of the
Inter-American Commission on Human Rights," urged the member states to
follow up on the recommendations of the Inter-American Commission on Human
Rights (operative paragraph 3.b). Likewise, in its resolution AG/RES. 2675
(XLI-O/11), "Strengthening of Human Rights Systems pursuant to the mandates
arising from the Summits of the Americas," it reaffirmed the intent of the
OAS to continue taking concrete measures aimed at implementing the mandates
of the Third Summit of the Americas, including follow-up of the
recommendations of the Inter-American Commission on Human Rights (operative
paragraph 1.b), and instructed the Permanent Council to continue to
consider ways to promote the follow-up of the recommendations of the Inter-
American Commission on Human Rights by member states of the Organization
(operative paragraph 3.d).
Both the Convention (Article 41) and the Statute of the Commission (Article
18) explicitly grant the IACHR the authority to request information from
the member states and to produce such reports and recommendations as it
considers advisable. Specifically, Article 48 of the IACHR Rules of
Procedure provides the following: 1. Once the Commission has published a report on a friendly
settlement or on the merits in which it has made recommendations, it
may adopt the follow-up measures it deems appropriate, such as
requesting information from the parties and holding hearings in order
to verify compliance with friendly settlement agreements and its
recommendations. 2. The Commission shall report on progress in
complying with those agreements and recommendations as it deems
appropriate.
In compliance with its powers under the Convention and the Statute and with
the above-cited resolutions, and pursuant to Article 48 of the Rules of
Procedure, the IACHR requested information from the States on compliance
with the recommendations made in the reports published on individual cases
included in its annual reports from 2000 through 2010.
The table the Commission is presenting includes the status of compliance
with the recommendations made by the IACHR in the cases that have been
decided and published in the last eleven years. The IACHR notes that
compliance with different recommendations is meant to be successive and not
immediate and that some recommendations require a reasonable time to be
fully implemented. The table, therefore, presents the current status of
compliance, which the Commission acknowledges as being a dynamic process
that may evolve continuously. From that perspective, the Commission
evaluates whether or not compliance with its recommendations is complete
and not whether it has been started. The three categories included in the table are the following:
. Total compliance (those cases in which the state has fully complied with
all the recommendations made by the IACHR. Having regard to the
principles of effectiveness and fully observed those recommendations
where the state has begun and satisfactorily completed the procedures for
compliance);
. Partial compliance (those cases in which the state has partially observed
the recommendations made by the IACHR either by having complied with only
one or some of them or through incomplete compliance with all of them);
. Compliance pending (those cases in which the IACHR considers that there
has been no compliance with the recommendations because no steps have
been taken in that direction; because the state has explicitly indicated
that it will not comply with the recommendations made; or because the
state has not reported to the IACHR and the Commission has no information
from other sources that would suggest otherwise). |CASE |TOTAL |PARTIAL |PENDING |
| |COMPLIANCE |COMPLIANCE |COMPLIANCE |
|Case 11.307, Report No. |X | | |
|103/01, María Merciadri de | | | |
|Morini (Argentina)[1] | | | |
|Case 11.804, Report No. 91/03,| |X | |
|Juan Ángel Greco (Argentina) | | | |
|Case 12.080, Report No. | |X | |
|102/05, Sergio Schiavini and | | | |
|María Teresa Schnack | | | |
|(Argentina) | | | |
|Case 12.298, Report No. 81/08 | |X | |
|Fernando Giovanelli | | | |
|(Argentina) | | | |
|Case 12.159, Report No. 79/09,| |X | |
|Gabriel Egisto Santillán | | | |
|Reigas (Argentina) | | | |
|Case 11.732, Report No. 83/09,| |X | |
|Horacio Aníbal Schillizzi | | | |
|(Argentina) | | | |
|Case 11.758, Report No. 15/10,| |X | |
|Rodolfo Correa Belisle | | | |
|(Argentina) | | | |
|Case 11.796, Report No. 16/10,|X | | |
|Mario Humberto Gomez Yardez | | | |
|(Argentina) | | | |
|Case 12.536, Report No. 17/10,| |X | |
|Raquel Natalia Lagunas and | | | |
|Sergio Antonio Sorbellini | | | |
|(Argentina) | | | |
| | |X | |
|Petition 242-03, Report No. | | | |
|160/10, Inocencia Luca | | | |
|Pogoraro (Argentina) | | | |
|Petition 4554-02, Report No. | |X | |
|161/10, Valerio Castillo Báez | | | |
|(Argentina) | | | |
|Cases 12.067, 12.068 and | | |X |
|12.086, Report | | | |
|No. 48/01, Michael Edwards, | | | |
|Omar Hall, Brian Schroeter and| | | |
|Jeronimo Bowleg (Bahamas) | | | |
|Case 12.265, Report 78/07 Chad| | |X |
|Roger | | | |
|Goodman (Bahamas) | | | | |CASE |TOTAL |PARTIAL |PENDING |
| |COMPLIANCE |COMPLIANCE |COMPLIANCE |
|Case 12.513, Report 79/07 | | |X |
|Prince Pinder | | | |
|(Bahamas) | | | |
|Case 12.053, Report No. 40/04,| | |X |
|May | | | |
|Indigenous Community of the | | | |
|Toledo District (Belize) | | | |
|Case 12.475, Report No. 97/05,| |X | |
|Alfredo Díaz Bustos (Bolivia) | | | |
|Case 12.516, Report No. 98/05,|X | | |
|Raúl Zavala Málaga and Jorge | | | |
|Pacheco Rondón (Bolivia)[2] | | | |
|Petition No. 269-05, Report |X | | |
|No. 82/07, Miguel Angel | | | |
|Moncada Osorio and James David| | | |
|Rocha Terraza (Bolivia)[3] | | | |
|Petition No. 788-06, Report |X | | |
|No. 70/07, Víctor Hugo Arce | | | |
|Chávez (Bolivia)[4] | | | |
|Case 12.051, Report No. 54/01,| |X | |
|Maria da Penha Maia Fernandes | | | |
|(Brazil) | | | |
|Cases 11.286, 11.406, 11.407, | |X | |
|11.412, 11.413, 11.415, 11.416| | | |
|and 11.417, Report No. 55/01,| | | |
|Aluísio Cavalcante et