Esteve abduction case to be heard by the IACHR

[LukieD]

Some of you may recall the discussion of the Alejandro Esteve case previously on BSH:

http://www.bringseanhome.org/forums/index.php/topic,3229.msg71694.html#msg71694

It seems that Brazil has been teed up for an adverse ruling from the Inter-American Commission of Human Rights, part of the Organization of American States (OAS). The attached document describes the case against Brazil, Brazil's defense, and the decision by the IACHR to accept the admissibility of the case.

Some interesting reading in here on the exhaustion of domestic legal remedies normally required for a case to be admissible. I wonder if more parents could and should be using this venue to pursue their cases.

In this regard, the Inter-American Commission observes that more than 8 years have transpired since the international return proceeding began. It took the Brazilian federal courts more than one and half years to hand down a ruling at the first instance level, and another year and a half to take up the appeal of that ruling. As a general rule, a proceeding must be held promptly to protect the rights of the interested party. As the Inter-American Court has pointed out, the timing of the decision on domestic remedies must also fit the purposes of the international protection system. The rule of prior exhaustion must never lead to a halt or delay that would render international action ineffective.[1] Given the characteristics of the material complaint in the instant case, therefore, the IACHR concludes that the exception envisaged in Article 46.2(c) of the American Convention is applicable with respect to the international return trial.
 
   [1] Inter-Am. Ct. H.R., Case of Velásquez Rodríguez. Preliminary Objections. Judgment of June 26, 1987. Series C No. 1, para 93.
   

[SageDad]

Very interesting...


As far as I know the IACHR has never handled a case related to international child abduction while the ECHR has handled something like a dozen.


I have been looking at appealling to them for a long time, as have dozens of other Mexican groups in Mexico who can't get justice within THEIR OWN COURTS (even though OCI now says Mexico no longer has "judicial" compliance issues w/ Hague in 2012 report....)


Will have to read over this very carefully.


Worth noting that the IACHR also has some jurisdiction over the US and the US is also failing to live up to it's OBLIGATIONS to help domestic and foreign LBP's (Abbott and Hindle cases being good examples)

[LukieD]

It's a two-way street -- no doubt about that. I'm all for improved compliance on IPCA both at home and abroad and can't imagine anyone reading this wouldn't feel the same way. If the IACHR is willing to review these cases even when, technically speaking at least, domestic legal remedies have not been exhausted, I would think that sets a nice precedent for future suits being brought against a number of countries for their failures to properly handle these cases.

I also don't see why a handful of victim parents couldn't pool their cases together collectively to file a motion with the IACHR against a country like Brazil or Mexico. Has anyone given that any thought? I would imagine we could find an attorney to assist us pro bono and that there are more than enough egregious cases of judicial mismanagement to warrant the filing of such a suit.

My understanding of this Esteve case is that the Brazilian Human Rights Ministry is scrambling to save face as they see the writing on the wall as to how this case is likely to play out. If there's a way to add some more pressure points to these non-compliant countries I can't imagine that would be a bad thing.

[SageDad]

...

I also don't see why a handful of victim parents couldn't pool their cases together collectively to file a motion with the IACHR against a country like Brazil or Mexico. Has anyone given that any thought? I would imagine we could find an attorney to assist us pro bono and that there are more than enough egregious cases of judicial mismanagement to warrant the filing of such a suit.

...

I have given precisely this a great deal of thought and have a number of parents in mind from various countries who have been subject to total incompetence, injustice, stupidty, depraved indifference and impunity in Mexico.


If there were an attorney willing and capable to handle such a case against Mexico, the US, or both, I'd happily do whatever I could to help and pay expenses.  I've floated the idea of a class action type claim by foreign parents against Mexico to the attorneys in my current Mexican law firm on a couple occassions but haven't gotten a very committal response from them on it and I'm not sure I wouldn't prefer someone with prior experience before the IACHR to handle the case.


As it stands, I will review this ruling and discuss it w/ my attorney as well as filing a compliant/case independently.

[Jacobsfather]

I think that is a fantastic idea, many hands make for light work and no doubt could potentially expedite things! keep us posted.

[fabianamar]

It is the first time IACHR is involved in a Hague Case.  Now a mediation is settled but accordingly to Brazil position and Esteve position  it will not go so far...
In Abbott and other cases, maybe no petition was filed, that is why IACHR never was involved before.
Now IACHR is taking other case against Argentina, Quintana one.  It is worth doing it, better rather than doing anything.