On Wednesday, October 31 and Thursday, November 1, DPLF participated in three hearings before the Inter-American Commission on Human Rights (IACHR) in Washington, DC.
At the first hearing, DPLF – together with other regional organizations from the Regional Network for Pretrial Justice in Latin America – denounced the grave situation of justice systems and prisons in the majority of Latin American countries that is mainly due to the excessive number of persons who remain detained without having been sentenced. The petitioning organizations highlighted three key elements of the problem: the excessive length of criminal proceedings in the region; the push for tougher (mano dura) security policies and counter-reforms that promote increased penalties and non-release; and the lack of judicial independence that leads prosecutors and judges to ask for, and order, pretrial detention instead of alternative measures out of fear of being subject to disciplinary procedures or becoming victims of media critique. The group also denounced the specific impact this situation has on indigenous communities, women, and young offenders. Read the document submitted to the Commission (Spanish only), or watch the video of the hearing.
At the second hearing, the petitioning organizations analyzed the serious deficiencies in the selection process of Supreme Court Justices in Central America, which in many cases lead to the selection of candidates who are not qualified. The Myrna Mack Foundation from Guatemala, ASONOG from Honduras, FESPAD from El Salvador, CENIDH and CPDH from Nicaragua, the Alianza Ciudadana Pro Justicia of Panama, and DPLF denounced before the IACHR the interference by executive powers and political parties in the selection processes in Central America. Because of this interference, these high-level officials are usually appointed more for their personal or political affiliation with the Executive or political parties, instead of for their suitability for the position. As a result, the independence of judicial bodies and the quality of the administration of justice in Central America still leave much to be desired. Read the document submitted to the Commission and the guidelines for a transparent and merit-based selection of Supreme Court Justices prepared by DPLF, or watch the video of the hearing.
The third hearing that DPLF participated in concerned the strengthening process of the Inter-American Human Rights System. It was carried out during a full day, where the Commission heard from representatives of both States and civil society on the continent. During its presentation, DPLF emphasized that most of the States that participated in the hearing have recognized the importance of the report prepared by the Commission in response to the recommendations from the OAS workgroup. DPLF then highlighted three of the issues addressed in the Commission’s report: first, the necessity of promoting the ratification of the American Convention on Human Rights by all States of the continent and of taking all necessary measures so that Venezuela withdraw its decision to denounce the Convention. Second, DPLF welcomed the Commission’s proposals regarding precautionary measures, while recognizing that any adjustments in their regulation should be only to make them more effective, not to limit their impact in any way. Third, DPLF noted that it considered valuable the IACHR’s proposal made in relation to Chapter IV of its annual report, emphasizing that we in no way consider viable the elimination of Chapter IV. Finally, we welcome the initiative for a search for greater funds for the various special rapporteurs, which in no way should signify a reduction or put at risk the activities and performance of the aforementioned rapporteurs.