Report No. 103 (2012) IACHR. Petition No. 11.646 (Cuba)

Petition Number11.646
Year2012
Report Number103
Alleged VictimHilda Maestre Hernández y otro
Case TypeArchive
CourtInter-American Comission of Human Rights
Respondent StateCuba
Report No. 103/12

2


REPORT No. 103/12

DECISION TO ARCHIVE

CASE 11.646

HILDA MAESTRE HERNÁNDEZ AND JEAN LUIS REMÓN LABRADA

CUBA

November 8, 2012



ALLEGED VICTIMS: Hilda Maestre Hernández and Jean Luis Remón Labrada


PETITIONERS: José Remón and Gisela Labrada


ALLEGED VIOLATIONS: Restriction on travel abroad


DATE OF INITIAL PROCESSING: July 2, 1996



I. POSITION OF THE PETITIONERS


  1. On June 19, 1996, the Inter-American Commission on Human Rights (the “Commission” or “IACHR”) received a petition submitted by José Remón and Gisela Labrada against the Cuban State on behalf of Hilda Maestre Hernández (mother of José Remón) and Jean Luis Remón Labrada (son of the petitioners).


  1. According to the petitioners, no legal impediments had been imposed on Hilda Maestre Hernández or Jean Luis Remón Labrada that would have prevented them from traveling outside Cuba and, despite having obtained visas from two foreign countries, the Government prevented them from leaving the country.


II. POSITION OF THE STATE


  1. The Cuban State presented no information.


III. PROCESSING BEFORE THE COMMISSION


  1. On June 19, 1996, the Commission received the petition and assigned it number 11.646. On July 2, 1996, the Commission forwarded the pertinent parts of the petition to the State, in accordance with Article 34 of the IACHR Rules of Procedure in force at that time, providing 90 days to submit its observations. However, the State did not reply.


  1. Subsequent to June 19, 1996, the Commission received no more information from the parties. On May 23, 2012, the IACHR sent a letter to the petitioners requesting up-to-date information to determine whether the grounds for the petition continue to subsist, notifying them that in the absence of a response, the IACHR may proceed to archive case file 11.646.


IV. GROUNDS FOR THE DECISION TO ARCHIVE


  1. Both Article 48(1)(b) of the American Convention and Article 42 of the Commission's Rules of Procedure provide that during the processing of a petition, after receiving information, or once the period established to receive information has elapsed, the IACHR shall ascertain whether the grounds for the petition or communication still exist, and if they do not exist or subsist...

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