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Appendix 5 - Form for presenting petitions on human rights violations

Published online by Cambridge University Press:  28 July 2009

Jo M. Pasqualucci
Affiliation:
University of South Dakota
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Summary

The following form, prepared by the Executive Secretariat of the Inter-American Commission on Human Rights, is intended to assist the presentation of petitions regarding violations of human rights alleged to have been committed by member states of the Organization of American States, by the victims of such violations, their families, civil society organizations and other persons.

The form is based upon the information required under the Commission's Rules of Procedure for processing petitions filed with the Commission and for determining whether there have been violations of human rights protected by international instruments binding upon the State accused of the violations. The necessary information is set out in Article 28 of the Commission's Rules of Procedure, which reads as follows:

Article 28. Requirements for the Consideration of Petitions

Petitions addressed to the Commission shall contain the following information:

a. the name, nationality and signature of the person or persons making the denunciation; or in cases where the petitioner is a nongovernmental entity, the name and signature of its legal representative(s);

b. whether the petitioner wishes that his or her identity be withheld from the State;

c. the address for receiving correspondence from the Commission and, if available, a telephone number, facsimile number, and email address;

d. an account of the act or situation that is denounced, specifying the place and date of the alleged violations;

e. if possible, the name of the victim and of any public authority who has taken cognizance of the fact or situation alleged;

f. the State the petitioner considers responsible, by act or omission, for the violation of any of the human rights recognized in the American Convention on Human Rights and other applicable instruments, even if no specific reference is made to the article(s) alleged to have been violated;

g. compliance with the time period provided for in Article 32 of these Rules of Procedure;

h. any steps taken to exhaust domestic remedies, or the impossibility of doing so as provided in Article 31 of these Rules of Procedure; and

i. an indication of whether the complaint has been submitted to another international settlement proceeding as provided in Article 33 of these Rules of Procedure.

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Publisher: Cambridge University Press
Print publication year: 2003

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