Report No. 48 (2009) IACHR. Petition No. 11.869 (Cuba)

• Year: 2009
• Petition Number: 11.869
• Report Number: 48
• Court: Inter-American Comission of Human Rights
• Respondent State: Cuba
• Case Type: Archive
• Alleged Victim: Ángel Luis Valiente Langer

REPORT N° 48/09 CASE 11.869 DECISION TO ARCHIVE ANGEL LUIS VALIENTE LANGER CUBA March 27, 2009 ALLEGED VICTIM: Á.L.V.L. PETITIONER: Cecilia Claudia Somoza ALLEGED VIOLATIONS: Articles 7, 12, and 8 of the American Convention on Human Rights. DATE PROCESSING BEGAN: J. 22, 1998. I. POSITION OF THE PETITIONER: 1. On October 7, 1997, the Inter-American Commission on Human Rights received a petition from C.S., a member of Amnesty International, for the alleged violation of the rights to personal liberty, freedom of expression, and a fair trial of Á.L.V.L. by the S. of Cuba. 2. In the petition, the petitioner explained that Á.L.V.L. was sentenced to 12 years in prison for the alleged offense of rebellion, and was confined in Boniato Prison, because he circulated printed matter that claimed the February 1993 elections were fraudulent. II. POSITION OF THE STATE: 3. The S. of Cuba did not reply to the Commission’s request for information. III. PROCESSING BY THE IACHR: 4. The Commission received the petition on October 7, 1997. In a note of J. 22, 1998, the IACHR told the petitioner that processing of her petition had begun and she would be notified of any additional information presented on it. On the same date, the petition was transmitted to the S. of Cuba, so that it could provide information within 90 days on the facts therein and the exhaustion of domestic remedies. 5. On October 7 and November 12, 1997, the petitioner sent supplementary information and documentation on the alleged violation of rights, and on December 4 of the same year she asked about the status of the processing of her petition in an e-mail to the IACHR Executive Secretary. 6. On February 15, 1998, the petitioner notified the IACHR that the S. of Cuba had released Á.L.V.L., so the situation that gave rise to the petition no longer existed. IV. BASIS FOR THE DECISION TO ARCHIVE: 7. Both Article 48(b) of the American Convention on Human Rights and Article 30(6) of the Rules of Procedure of the Inter-American Commission on Human Rights provide that in the processing of a petition once the observations have been received or the period set has elapsed with no observations received, the IACHR shall verify whether the grounds for the petition exist or subsist, and if they do not it shall order the case archived. 8. According to information provided by the petitioner, the S. of Cuba released Á.L.V.L., so according to the petitioner the facts that gave rise to the petition have been resolved. P. to Article 48(b) of the Convention and Article 30(6) of the IACHR Rules of Procedure, the Commission decides to archive this petition because the grounds for it no longer exist. Done and signed in the city of Washington, D.C., on the 27th day of the month of March, 2009. (Signed):...