Follow-up Resolutions
Resolution No. 92/24( EXTENSION, MODIFICATION, FOLLOW-UP, AND LIFT )
PM 143-13, 181-19 - Identified members of the organization “Foro Penal”, Venezuela
On November 28, 2024, the IACHR identified that the risk persists with respect to four persons who were beneficiaries of precautionary measures through Resolution 8/2015, Resolution 7/2019, and Resolution 64/2019. It also decided to protect 14 additional persons who are members of the same organization. The IACHR regretted the lack of information and implementation of protection measures by the State, which reportedly places the beneficiaries in a situation of lack of protection in the context of the country.
Upon analyzing the available information, the Commission decided:
- Extend the precautionary measures in favor of the following persons, currently members of the Foro Penal organization in Venezuela: Kennedy Tejeda, Mayela Fonseca, Lucía Quintero, Pedro Arévalo, Arelys Ayala, Wiecza Santos Matiz, Laura Valbuena, Raquel Sánchez Carrero, Franyer Jose Hernandez Valladares, and Marbella Gutiérrez;
- Maintain the precautionary measures in favor of Alfredo Romero, Gonzalo Himiob Santomé, Luis Betancourt, and Olnar Ortiz;
- Continue to monitor the situation of Olnar Ortiz under the registry of Precautionary Measures 143-13;
- Lift the precautionary measures regarding Yoseth Colmenares and Robiro Terán;
- Not to extend the measures in favor of Orlando Moreno and the other members of Foro Penal, while keeping the possibility open to submit additional information for future assessment.
- Modify the precautionary measures and require that the State of Venezuela:
- adopt the necessary measures to protect the rights to life and personal integrity of the members of Foro Penal duly identified in this resolution;
- implement the necessary measures to guarantee that the beneficiaries can carry out their human rights defense activities without being subjected to threats, harassment, or acts of violence. Specifically, the Commission requests a detailed report on the circumstances surrounding Kennedy Tejeda’s detention, including his current legal status and ensure that his relatives and trusted legal representatives can communicate with him. Regarding all beneficiaries, to formally inform about the existence of any investigation against them, including at least: the facts under investigation, the alleged offenses, the prosecutor’s office in charge of the investigation, and the competent judicial authority overseeing the case. The State must allow the beneficiaries and/or their representation to have access to the entire criminal file against them, if it exists, thereby allowing them to file the corresponding appeals and guaranteeing their security in the processing of the file;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives;
- report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 89/24( FOLLOW-UP )
PM 125-19 - María Corina Machado, Venezuela
The Inter-American Commission on Human Rights (IACHR) adopted on November 25, 2024 the Follow-up and Modification Resolution 89/2024 in relation to the situation of María Corina Machado Parisca in Venezuela (PM-125-19). The IACHR considered that the risk that has been observed since the granting of the PM against the beneficiary continues, and has increased in the post-electoral period of the 2024 presidential election, without the State having adopted protection measures in her favor. After analyzing the allegations of fact and law, in the terms of Article 25 of its Rules of Procedure, the Commission concluded that the situation of Mrs. María Corina Machado Parisca persists, and decided as follows:
a) Continue to monitor the situation of María Corina Machado Parisca in Venezuela;
b) Not to extend the precautionary measures in relation to the requested persons;
c) Modify the scope of these precautionary measures and to require that the State:
i. adopt the necessary measures to protect the rights to life and personal integrity of Ms. María Corina Machado Parisca;
ii. implement the necessary measures to guarantee that the beneficiary can continue to carry out her political participation activities without being subjected to threats, harassment, or acts of violence in the exercise thereof; In particular, to formally inform the beneficiary about the existence of any investigation against her, including at least: the facts under investigation, the alleged offenses, the prosecutor’s office in charge of the investigation, and the competent judicial authority overseeing the case. The State must allow the beneficiary and/or her representation to have access to the entire criminal file against her, if it exists, thereby allowing her to submit the corresponding appeals and guaranteeing her security in the processing of the file;
iii. consult and agree upon the measures to be adopted with the beneficiary and her representation; and
iv. report on the actions taken to investigate the alleged events that led to the adoption of these precautionary measures, so as to prevent such events from reoccurring. In particular, the State is requested to conduct an investigation with due diligence into the threats and acts of violence reported, including those that could have been against the beneficiary at the hands of State officials and/or agents.
Resolution No. 87/24( EXTENSION AND FOLLOW-UP )
PM 409-23 - Franklin Alfredo Caldera Cordero and family, Venezuela
The Inter-American Commission on Human Rights (IACHR) adopted on November 25, 2024 the Follow-up, Modification and Extension Resolution 87/2024 regarding the situation of Franklin Caldera Cordero in Venezuela (PM-125-19). The IACHR considered that the risk that places the beneficiary at risk has been observed since the granting of the precautionary measure, continues, and has been extended to his son, Franklin Caldera Martínez, as well as to his wife, Yuraima Martínez. Upon analyzing the submissions of fact and law, in the terms of Article 25 of its Rules of Procedure, the Commission concluded that the situation of Franklin Alfredo Caldera Cordero remains and it is extended to his son, Franklin Caldera Martínez, as well as to his wife, Yuraima Martínez. Consequently, the IACHR decided:
a) To continue to follow up on the situation of Franklin Alfredo Caldera Cordero;
b) To extend the precautionary measures in favor of Franklin Caldera Martínez (son) and Yuraima Martínez;
c) To modify the scope of these precautionary measures, and require that the State of Venezuela:
i. adopt the necessary measures to protect the rights to life and personal integrity of Franklin Alfredo Caldera Cordero, Franklin Caldera Martínez and Yuraima Martínez. In the case of Franklin Caldera Martínez, the measures must include those necessary to also protect his right to health;
ii. adopt the necessary measures to guarantee that Franklin Alfredo Caldera Cordero can continue to carry out his work as a human rights defender without being subjected to threats, intimidation, harassment or acts of violence in the exercise of his duties. In particular, it must formally inform the beneficiary of the existence of any investigation process against him, including at least: the facts under investigation, the crimes he is accused of, the prosecutor’s office in charge of the investigation, and the competent judicial authority in charge of the investigation. The State must allow the beneficiary and/or his representatives to have access to the entire criminal file against him, if it exists, allowing him to file the corresponding appeals and guaranteeing his security in its processing;
iii. implement the necessary measures to ensure that the conditions of detention of Franklin Caldera Martínez (son) are compatible with the applicable international standards on the matter, among them: guarantee that he is not subjected to violence, threats, intimidation, aggression and torture inside the prison; guarantee access to adequate and specialized medical care, as well as to the necessary treatment and medication, and immediately carry out a comprehensive medical assessment of his health situation; and evaluate the possibility of granting alternative measures to the deprivation of liberty given the impossibility of protecting his rights in light of the current conditions of detention;
iv. consult and agree upon the measures to be adopted with the beneficiaries and their representation; and
v. report on the actions taken to investigate the alleged facts that gave rise to the adoption and validity of these precautionary measures, so as to prevent such events from reoccurring. In particular, the State is requested to conduct an investigation with due diligence into the threats, allegations of torture and other acts of violence reported, including those that could have taken place by State officials and/or agents against the beneficiaries.
Resolution No. 53/24( EXTENSION AND FOLLOW-UP )
PM 395-18 - Authorities and members of the Gonzaya (Buenavista) and Po Piyuya (Santa Cruz de Piñuña Blanco) reservations of the Siona People (ZioBain), Colombia
The Inter-American Commission on Human Rights (IACHR) adopted on August 21, 2024, the Follow-up and Extension Resolution 53/2024 regarding the situation of the authorities and members of the Gonzaya and Po Piyuya reservations of the Siona Indigenous People in Colombia (PM-395-18).
In the Resolution, the IACHR analyzed the information provided by the parties, positively evaluating the actions implemented by the State and considered that a risk identified in 2018 persists with respect to the reservations of the Siona Indigenous People. The Commission understands that the reported events are part of the actions of the illegal armed groups to consolidate their presence in the reservations and impose themselves on the indigenous authorities. The Commission also analyzed the situation of the human rights defender L.M.E.V., who has been the object of death threats from armed groups operating in the territory of the Indigenous Reservations. The Commission considered that the beneficiary is in a situation posing a serious risk to her rights to life and personal integrity. After analyzing the submissions of fact and law, the Commission considers that the risk has not ceased and, therefore, in accordance with the terms of Article 25 of the Rules of Procedure, the Commission:
- Requires the State to strengthen the implementation of necessary measures to effectively protect the life and personal integrity of the groups of beneficiaries identified in Resolution 53/2018, taking into account the assessments made in this Resolution;
- Requests the State to extend the precautionary measures in favor of L.M.E.V. In this regard: (i) adopt the necessary measures to protect the rights to life and personal integrity of the beneficiary; (ii) implement the necessary protection measures so that the beneficiary can continue to carry out her human rights defense work, without being subject to threats, intimidation, harassment, and acts of violence; and (iii) report on the actions taken to investigate the alleged events that led to the adoption of measures in favor of L.M.E.V., so as to prevent such events from reoccurring;
- Exhorts the parties to submit specific, detailed, and updated information on the situation of the beneficiaries with the aim of continuing to analyze their situation pursuant to Article 25 of its Rules of Procedure. At the time of providing this information, the Commission requests that they specify the situation of the beneficiaries or groups of beneficiaries, so that the Commission can adequately identify how these precautionary measures are being implemented with respect to each of the three groups. This includes, among other actions, reporting on individual and collective protection measures in place, concerted actions and agreements reached; and
- Urges the parties to continue with the consultation and coordination spaces at the domestic level within the framework of the implementation of these precautionary measures.
Resolution No. 51/24( FOLLOW-UP )
PM 359-16 - Américo de Grazia, Venezuela
On August 17, 2024, the Inter-American Commission on Human Rights (IACHR) adopted Follow-up and Modification Resolution 51/2024 regarding the situation of Américo de Grazia in Venezuela (PM-359-16). The IACHR expressed particular concern about the continued risk faced by the beneficiary since the granting of the PM, without the State having adopted protection measures in his favor, and that the risk has increased after his official whereabouts have been unknown since August 8, 2024, following his alleged arbitrary detention by State agents in Caracas, Venezuela. The IACHR took note of complaints filed before different bodies regarding these facts. Upon analyzing the submissions of fact and law, in light of the context of repression in the post-election protests in Venezuela, the Commission believes that the current situation of Américo de Grazia is part of a cycle of events against him that seek to remove him from public debate. Therefore, under the terms of Article 25 of the Rules of Procedure, the IACHR requests that the State of Venezuela:
- Adopt the necessary measures to protect the rights to life and personal integrity of the beneficiary;
- Implement the necessary measures to ensure that the proposed beneficiary can carry out his activities as opposition leader in Venezuela, without being subject to threats, harassment, or acts of violence;
- Report whether the beneficiary is in the custody of the State and his current circumstances, or provide information on the measures to determine his whereabouts or fate;
- Consult and agree upon on the measures to be implemented with the beneficiary and his representatives; and
- Report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 49/24( FOLLOW-UP )
PM 533-17 - Williams Dávila, Venezuela
The Inter-American Commission on Human Rights (IACHR) adopted on August 14, 2024, the Follow-up and Modification Resolution 49/2024 in relation to the situation of Williams Dávila in Venezuela (PM-533-17). The IACHR expressed particular concern about the ongoing risk faced by the beneficiary since the granting of the PM, without the State having adopted protection measures in his favor, and that the risk has increased after his whereabouts have been unknown since August 8, 2024, following his alleged arbitrary detention by State agents in the Plaza de Los Palos Grandes, in Caracas, Venezuela. The IACHR took note of public information that a criminal complaint for “forced disappearance” was filed with the Public Prosecutor’s Office, highlighting the health situation of the beneficiary and recalling his status as an elderly person. After analyzing the submissions of fact and law, in light of the context of repression in the post-electoral protests in Venezuela, the Commission believes that the current situation of Williams Dávila is part of a cycle of events against him that seek to remove him from public debate. Therefore, pursuant to Article 25 of the Rules of Procedure, the IACHR requests that the State of Venezuela:
a) adopt the necessary measures to guarantee the life and personal integrity of Mr. Williams Dávila;
b) take the necessary measures to guarantee that Mr. Williams Dávila can carry out his activities as a member of the National Assembly without being subjected to threats, harassment, or acts of violence in the exercise of his functions;
c) report whether the beneficiary is in the custody of the State and his circumstances, or the measures to determine his whereabouts or fate;
d) consult and agree upon the measures to be implemented with the beneficiary and his representatives; and
e) report on the actions taken to investigate the alleged facts that led to the adoption of this resolution, so as to prevent them from reoccurring.
Resolution No. 27/24( FOLLOW-UP )
PM 484-11 - José Daniel Ferrer García, Cuba
The Inter-American Commission on Human Rights (IACHR) adopted on May 6, 2024 the Follow-up Resolution 27/2024, in relation to the situation of José Daniel Ferrer García, who is being held in inadequate conditions of deprivation of liberty in Cuba (PM-484-11). The IACHR expressed particular concern about the State’s unwillingness to engage in dialogue, noting that, on the contrary, all the information available, both in the instant matter and through the monitoring of the situation in the country, allows this Commission to affirm that State agents are taking actions that intensify the situation that places the beneficiary at risk, instead of mitigating it. Consequently, the Commission decided as follows:
- continue to follow up on the precautionary measures granted on November 5, 2012, in order to protect Mr. José Daniel Ferrer García’s life and personal integrity;
- require that the State implement the necessary measures to ensure that the beneficiary’s detention conditions comply with applicable international standards;
- request that the State adopt measures to protect the beneficiary’s health in a timely and adequate manner;
- require the parties to consult and agree upon the measures to be implemented. The foregoing must include allowing the representation to access information regarding the detention conditions and welfare of the beneficiary, either via family members or other representatives; and
- request that the State report on the actions taken in order to investigate the events that led to the adoption of this resolution, so as to prevent such events from reoccurring.
Resolution No. 26/24( EXTENSION AND FOLLOW-UP )
PM 438-15 - Members of the Venezuelan Program of Education-Action on Human Rights (PROVEA) , Venezuela
On April 29, 2024, the IACHR decided to follow up and extend precautionary measures in favor of members of the Venezuelan Program of Education-Action on Human Rights in Venezuela. According to the request, the members of PROVEA are at risk in the context of their work as human rights defenders in the current situation of Venezuela, considering the visibility of the institution and its coordinators, the frequent stigmatizing remarks made by high-ranking State authorities in the media, and the surveillance and monitoring by State agents. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to require that Venezuela:
- adopt the necessary measures to guarantee the life and personal integrity of the persons identified as members of the PROVEA team;
- adopt the necessary measures so that the beneficiaries can carry out their activities as human rights defenders without being subjected to acts of violence, threats, and harassment;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged facts that led to these precautionary measures, so as to prevent them from reoccurring.
Resolution No. 20/24( FOLLOW-UP )
PM 887-19 - Families of the Nueva Austria del Sira Community, Peru
The Inter-American Commission on Human Rights (IACHR) decided to issue the present Resolution on Follow-up of precautionary measures in accordance with the terms of Article 25 of its Rules of Procedure. The Commission evaluated the actions taken by the State in favor of the beneficiaries and considered that a situation of risk persists, as well as making assessments regarding the scope of the measures. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission decided as follows:
- to continue to monitor the precautionary measures granted in favor of the families of the Nueva Austria del Sira Community in the terms of Resolution 57/2019;
- to request the State to reinforce the protection measures adopted and send the requested information, in the terms of this resolution;
- to request the representation to provide updated information on the risk situation of the families of the Nueva Austria del Sira Community in the terms of this resolution;
- to require that both parties continue carrying out the relevant concerted actions, in order to reach agreements aimed at mitigating the identified risk factors and the protection of the families of the Nueva Austria del Sira Community;
- to continue to promote the appropriate follow-up measures in terms of Article 25.10 and other provisions of its Rules of Procedure.