IACHR Grants Precautionary Measures in Favor of Samuel Mauricio Mairena Rocha in Nicaragua

June 1, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 23/22 on May 30, 2022, to grant precautionary measures in favor of Samuel Mauricio Mairena Rocha in Nicaragua, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights.

According to the party who requested these precautionary measures, Mairena Rocha—described or seen as a critic of Nicaragua's current government—has been subjected to threats, harassment, and surveillance by officers of the State and by para-State agents since 2018. The information provided by the State did not prove that the risk factors that had been alleged had been adequately mitigated.

After assessing the legal and factual allegations made by the parties, the IACHR considered instances of harassment and surveillance and noted that, in 2018, threats crystallized into shots that left Mairena Rocha with impaired mobility. The Commission further noted that officers of the State and government supporters were seen outside his home in April 2022, that he was constantly being followed, and that risks had persisted over time.

Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asked the State of Nicaragua to take the following action:

1. Adopt any measures necessary to protect Samuel Mauricio Mairena Rocha's rights to life and personal integrity (to that end, the State needs both to ensure that its officers will respect the proposed beneficiary's life and personal integrity and to protect his rights from dangerous acts that may be perpetrated by third parties, in compliance with the standards of international human rights law)
2. Come to an agreement with the proposed beneficiary and his representatives concerning any measures that need to be taken
3. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 121/22

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