Report No. 165 (2010) IACHR. Petition No. 444-99 (Barbados)

• Year: 2010
• Petition Number: 444-99
• Report Number: 165
• Case Type: Archive
• Respondent State: Barbados
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Edilberto Muñoz Coronel o

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REPORT No. 165/10

PETITION 444-99

DECISION TO ARCHIVE

BARBADOS

November 1, 2010

ALLEGED VICTIMS/ PETITIONERS: Edilberto Muñoz Coronell (or Coronel); Mauricio Alfonso Mejía Lesmes; Rogelio Martínez Ramirez; Eulogio Iguaran Epieyu; Jimmy Nagles Marquez; and Octavio Toro Salazar

INITIATION OF PROCESSING: September 25, 2001

ALLEGED VIOLATIONS: Articles 1.1, 5 and 24 of the American Convention on Human Rights (the “American Convention”)

1. POSITIONS OF THE PARTIES

A. THE PETITIONERS

1. On March 10, 1998, the Inter-American Commission on Human Rights (the “Inter-American Commission” or the “IACHR”) received a petition from the Colombian Embassy in Bridgetown, Barbados, signed by the above mentioned individuals (the “alleged victims”)¹ against the State of Barbados (the “State” or “Barbados”), alleging discrimination and inhumane treatment while detained at Her Majesty’s Glendairy Prison in that country.

2. According to the petition, each of the alleged victims was accused and convicted of drug trafficking in Barbados between 1994 and 1996 and sentenced to between 10 and 20 years of prison. It is alleged that they are victims of discrimination because they are Colombians accused of involvement in drug-related matters. The alleged victims claim that the conditions of their detention were inhumane; the cells were not ventilated; the sanitary conditions were deplorable; they had no recreation and were forced to stay in their cell 23.5 hours per day; they were not allowed to work, study or exercise; and they were not allowed to communicate with each other in Spanish.

3. Further, the alleged victims allege that they were mostly prevented from communicating with their Embassy, or were subjected to a waiting period of several days under the pretext that an official understanding Spanish had to be present, thus restricting communication and inhibiting consular assistance for their legal defense. Moreover, it is claimed that no consideration was given to their families when they tried to send goods, call or visit them.

4. In a subsequent communication, the Embassy of Colombia informed the IACHR that it was investigating allegations that Mr. Coronell might be a Cuban citizen who obtained Colombian papers by bribery.

B. THE STATE

5. The State rejects the claim of discrimination and specifies that the alleged victims are classified as serious crimes offenders under the laws of Barbados, with high propensity for flight and security risks, which is why they are housed in a maximum security area. The State further claims that despite the absence of Spanish-speaking guards, the alleged victims have a period of organized work every morning in addition to recreational periods of two hours daily. The State rejects the contention that consular visits are denied and provides a list of all visits the alleged victims were granted in 2001. With regard to family access, the State argues that the alleged victims have been afforded more visits and phone calls with their families than other inmates, as there is recognition that those family members wish to maximize their visits while they are in Barbados. The State provided a list of visits and phone calls received by the alleged victims.

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