IACHR Adopts Follow-Up Resolution on Precautionary Measures in Favor of José Daniel Ferrer García in Cuba

May 8, 2024

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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) adopted Follow-Up Resolution 27/2024 on May 6, 2024. This resolution concerns the situation of José Daniel Ferrer García, who is currently deprived of liberty and is being held in inadequate conditions of detention in Cuba (MC-484-11).

In this resolution, the IACHR notes the risks currently faced by Ferrer García, who was once again arrested on July 11, 2021, during a wave of social protests in Cuba. He has reportedly been held in a "punishment cell" since August 14, 2021. Since March 17, 2023, he has reportedly been held incommunicado for lengthy periods, especially between August 2023 and March 2024. There have been rumors about his death and, although it has been confirmed that he was alive in March-April 2024, his situation remains uncertain and his family has no access to official information about his current health condition and general well-being.

The IACHR considered that Ferrer García's alleged current situation entails a serious and urgent risk that his rights to health, life, and personal integrity might suffer irreparable harm, given that he continues to be deprived of liberty in inadequate conditions of detention. Although precautionary measures were issued in his favor, no action was taken to protect his life and integrity. There is also no evidence of any efforts made by the State to investigate his condition or to come to an agreement with his representatives, although both were requested by te IACHR approximately 12 years ago. The Commission therefore decided to take the following action:

  1. Continue to monitor the precautionary measures granted on November 5, 2012, in favor of José Daniel Ferrer García, to protect his life and personal integrity
  2. Ask the State to implement any measures necessary to ensure that the beneficiary's conditions of detention reflect the applicable international standards
  3. Ask the State to adopt timely and appropriate measures to protect the beneficiary's health
  4. Ask the parties to come to an agreement on the measures that should be implemented (this includes granting the beneficiary's family and other representatives access to information concerning his general condition and his conditions of detention)
  5. Ask the State to report on any actions adopted to investigate the events that gave rise to the adoption of this resolution, in order to prevent such events from happening again in the future

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. 094/24

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