IACHR Press Office
Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 47/2022 on September 23, 2022, to grant precautionary measures in favor of Edder Oniel Muñoz Centeno and Nidia Lorena Barbosa Castillo in Nicaragua, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.
According to the organizations who requested these precautionary measures, the beneficiaries were arrested in November 2021, in the context of a general election and of heightened repression against individuals perceived as critics of the current Nicaraguan government. They allegedly remained deprived of liberty at the National Prison System facility in Granada, in inappropriate conditions and without adequate, timely access to the medical care they need to address various health issues. In keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua for information but did not receive an answer.
After assessing the legal and factual allegations made by the organizations who requested these precautionary measures, the IACHR considered that Edder Oniel Muñoz Centeno and Nidia Lorena Barbosa Castillo are at risk. The risks cited in the request for these precautionary measures allegedly persist and are likely to get worse, given the current context in Nicaragua. In particular, the Commission noted the specific vulnerability of Barbosa Castillo, as an older woman. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua to take the following action:
Adopt any measures necessary to protect the rights to life, humane treatment, and health of the proposed beneficiaries
Adopt any measures necessary to ensure that the proposed beneficiaries' conditions of detention reflect the applicable international standards and include the following actions: (i) enabling contact with their lawyers and legal representatives; (ii) ensuring that they are not subjected to threats, intimidation, harassment, or physical violence within penitentiary facilities; (iii) immediately conducting a specialist medical examination of each beneficiary's current health condition, so they receive adequate specialized care; (iv) providing the beneficiaries with the treatment and medication they need to address their health issues; (v) providing them with appropriate food; and (vi) considering alternatives to deprivation of liberty, given the proposed beneficiaries' conditions of detention and the state of their health
Come to an agreement with the proposed beneficiaries and their representatives concerning any measures that need to be taken
Report on any actions adopted to investigate the events that have given rise to the adoption of this resolution, 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.