Case Law

Mr. Orosmán Marcelino Cabrera Barnés alleges that on 7 February 2006 he escaped from Cuba for political reasons together with a contingent of people on a boat that, a few days later, broke down and was rescued by a cruise ship bound for Mexico. He adds that on 17 February of the same year, upon arriving in Mexican territory, he was arrested by the authorities of the National Institute of Migration (INM) at the Chetumal migrant holding centre in the state of Quintana Roo. He points out that these authorities interviewed him, told him that he would not be deported, that he could remain for a period of no more than 90 days as established by the law in force at the time of the events, and that they would give him an exit order to leave Mexican territory in a reasonable time. The petitioner maintains that he was then transferred to the "Siglo XXI" migrant holding center located in Tapachula (Chiapas), where he did not have a court-appointed lawyer. He states that he was subjected to adverse conditions of detention as he was confined 24 hours without being able to sunbathe and without being able to make telephone calls, that the food was of poor quality and that he could not bathe every day. According to the documentation provided by the alleged victim, on 21 April and 8 May 2006, he applied for refuge before the local delegation of the Mexican Commission for Aid to Refugees (COMAR), as the competent State agency for this procedure, where he was assured that for the duration of the process he would not be deported for the safety of his freedom and life. According to the file, the COMAR delegate in Chiapas brought both requests to the attention of the INM on 4 and 8 May 2006, respectively. In response to the State's allegations, it states that on no occasion was it abandoning those requests.

26 October 2017 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Arbitrary arrest and detention | Countries: Mexico

21 October 2011 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Combatants / Former combatants - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment - Human rights law - International humanitarian law (IHL) / Geneva Conventions - Military operations - Right to justice - Right to life | Countries:

21 July 2011 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Access to procedures - Asylum policy - Deportation / Forcible return - Refoulement - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: Canada

8 July 2011 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Children's rights - Internal armed conflict - Internally displaced persons (IDPs) - Right to life | Countries: Colombia

12 July 2010 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Children's rights - Criminal justice - Deportation / Forcible return - Habitual residence - Housing, land and property rights (HLP) - Residence permits / Residency - Right to family life - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: United States of America

6 August 2009 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Deportation / Forcible return - Equal opportunities - Equality before the law - Housing, land and property rights (HLP) - Residence permits / Residency - Right to a nationality - Right to liberty and security | Countries: Ecuador

20 March 2009 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Equality before the law - Freedom from torture, inhuman and degrading treatment - HIV and AIDS - Right to health - Right to liberty and security - Right to life | Countries: El Salvador

Admissibility and Merits

25 July 2008 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Criminal justice - Freedom from torture, inhuman and degrading treatment - Right to health | Countries: United States of America

23 July 2008 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Children's rights - Criminal justice - Effective protection - Right to life | Countries: Colombia

15 October 2007 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Criminal justice - Exhaustion of domestic remedies - Extrajudicial executions - Right to life | Countries: Guatemala