Precautionary Measures

Resolution No. 22/22
PM 331-22 - Clarence Wayne Dixon, United States

On May 10, 2022, the IACHR decided to grant precautionary measures in favor of Clarence Wayne Dixon. According to the request, the beneficiary has been held in solitary confinement on death row in the state of Arizona. The request indicates that Mr. Dixon is at risk given the imminent execution of the death penalty, considering that he is a person suffering from multiple mental and physical health conditions. The applicant also filed a petition alleging violations of the American Declaration of the Rights and Duties of Man in relation to Mr. Clarence Wayne Dixon's rights to life, liberty, and personal security; right to a fair trial; right to humane treatment during deprivation of liberty; right to a regular trial; and right not to be subjected to cruel, infamous, or unusual punishment. Given that the risk of harm is imminent in the matter at hand, the Commission has ordered precautionary measures without having previously requested relevant information from the United States (pursuant to the exception provided for in Article 25(5) of its Rules of Procedure). Having analyzed the submissions of fact and law provided, the Commission considers that the information submitted shows prima facie that there is a serious and urgent risk of irreparable harm to Mr. Dixon’s rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, if Mr. Dixon is executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:

  1. adopt the necessary measures to protect the life and personal integrity of Clarence Wayne Dixon;
  2. refrain from carrying out the death penalty to Clarence Wayne Dixon, until the IACHR has had the opportunity to reach a decision on his petition;
  3. ensure that Clarence Wayne Dixon’s detention conditions are consistent with international standards, giving special consideration to his disabilities and medical condition; and
  4. agree on the measures to be adopted with the beneficiary and his representatives.

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Resolution No. 21/22
PM 145-22 - Yoel Ibzán Sandino Ibarra, Nicaragua

El 5 de mayo de 2022, la CIDH otorgó medidas cautelares a favor de Yoel Ibzán Sandino Ibarra, tras considerar que se encuentra en una situación de gravedad y urgencia de riesgo de daño irreparable a sus derechos. La solicitud de medidas cautelares alega que el propuesto beneficiario, quien es identificado o percibido como opositor político al actual gobierno nicaraguense, se encuentra privado de libertad desde el 5 de noviembre de 2021 y no ha recibido atención atención médica oportuna. De acuerdo con el artículo 25 del Reglamento, la Comisión solicita a Nicaragua:

  1. adopte las medidas necesarias para proteger los derechos a la vida, integridad personal y salud de Yoel Ibzán Sandino Ibarra;
  2. asegure que sus condiciones de detención sean compatibles con los estándares internacionales aplicables en la materia, lo que incluya, entre otros: i. tener contacto con sus familiares y abogados; ii. tomando en cuenta la situación de riesgo a la vida, integridad personal y salud, se realice, inmediatamente, una valoración médica imparcial y especializada sobre su situación actual de salud; iii. se otorgue los tratamientos y medicamentos que tendría prescritos el propuesto beneficiario;
  3. concierte las medidas a adoptarse con las personas propuestas como beneficiarias y sus representantes;
  4. informe sobre las acciones adelantadas a fin de investigar los presuntos hechos que dieron lugar a la adopción de la presente resolución y así evitar su repetición.

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Resolution No. 17/22
PM 1169-21 - Lázaro Ernesto Rivas Pérez, Nicaragua

El 20 de diciembre de 2021, la Comisión Interamericana de Derechos Humanos (“la Comisión Interamericana”, “la Comisión” o “la CIDH”) recibió una solicitud de medida cautelar presentada por el Colectivo de Derechos Humanos Nicaragua Nunca Más (“la organización solicitante”) instando a la Comisión que requiera al Estado de Nicaragua (“el Estado” o “Nicaragua”) la adopción de las medidas necesarias para proteger los derechos a la vida, integridad personal y salud del señor Lázaro Ernesto Rivas Pérez (“el propuesto beneficiario”). Según la solicitud, el propuesto beneficiario, quien es identificado o percibido como opositor político al actual gobierno nicaragüense, se encuentra privado de libertad desde el 29 de julio de 2020 en condiciones inadecuadas y sin atención a su salud.

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Resolution No. 12/22
PM 74-22 - Richard Eugene Glossip, United States

On March 3, 2022, the IACHR decided to grant precautionary measures in favor of Richard Eugene Glossip. According to the request, the beneficiary has been held for 23 years in solitary confinement on death row in the state of Oklahoma. The request indicates that Mr. Glossip is in a situation presenting a risk given the imminent execution of the death penalty, while even different dates have been scheduled for his execution. The applicant also filed a petition alleging violations of the American Declaration of the Rights and Duties of Man in relation to the rights of Mr. Richard Eugene Glossip to life, liberty, and personal security; right to a fair trial; right to humane treatment in custody; and right to due process of law and right not to receive cruel, infamous or unusual punishment. Having analyzed the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Mr. Glossip’s rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, in the event that Mr. Glossip is executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:

  1. adopt the necessary measures to protect the life and personal integrity of Richard Eugene Glossip;
  2. refrain from carrying out the death penalty on Richard Eugene Glossip until the IACHR has had the opportunity to reach a decision on his petition;
  3. ensure that Richard Eugene Glossip’s detention conditions are consistent with international standards; and
  4. agree on the measures to be adopted with the beneficiary and his representatives.

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Resolution No. 10/22
PM 1170-21 - Melissa Lucio, United States

On February 18, 2022, the IACHR granted precautionary measures in favor of Melissa Lucio. According to the request, the beneficiary has been on death row in Texas, United States for 14 years. ?The request indicates that Ms. Lucio finds herself in a situation of risk given the imminent execution of the death penalty and?her current conditions of confinement. The applicants also filed a petition in which they allege violations of the American Declaration on the Rights and Duties of Man with regards to Ms. Lucio’s rights to life, liberty and personal security, equality before the law, right of the child to special protection, fair trial, humane treatment in custody, due process of law and not to receive cruel, infamous or unusual punishment. Having analyzed the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Ms. Lucio’s rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, in the event that Ms. Lucio is executed before the Commission has the opportunity to examine the merits of her petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:

  1. adopt the necessary measures to protect the life and personal integrity of Melissa Lucio;
  2. refrain from carrying out the death penalty on Melissa Lucio until the IACHR has had the opportunity to reach a decision on her petition;
  3. ensure that Melissa Lucio’s detention conditions are consistent with international standards, giving special consideration to her personal conditions; and,
  4. agree on the measures to be adopted with the beneficiary and her representatives.

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Resolution No. 9/22( EXTENSION )
PM 505-15 - Indigenous people of the Musawas, Suniwas and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, Nicaragua

On February 13, 2022, the IACHR decided to extend precautionary measures in favor of Indigenous Peoples of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, in Nicaragua. The request alleged that the inhabitants of the identified communities are being subjected to threats, intimidation, and acts of violence on the Caribbean Coast in a context where land titling processes are pending due to the presence of settlers in Indigenous territories.Upon analyzing the submissions of fact and law, the IACHR considers that the information provided shows, in principle, that the beneficiaries are at serious and urgent risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requests Nicaragua to:

  1. adopt the necessary and culturally appropriate measures to safeguard the life and personal integrity of the indigenous people of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region;
  2. consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
  3. report on the actions taken to investigate the alleged facts that led to the adoption of these precautionary measures, so as to prevent such events from reoccurring.

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Resolution No. 8/22
PM 564-21 - Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla, Nicaragua

On February 13, 2022, the IACHR granted precautionary measures in favor of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla regarding Nicaragua, having considered that they are at serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiaries, who are identified as opponents of the current Nicaraguan government, are being threatened and are suffering attacks, harassment, and arbitrary detentions by state and parastatal authorities. Similarly, it indicates that the proposed beneficiary Marvin Antonio Castellón Ubilla is reportedly deprived of liberty, where he is being subjected to threats and attacks, also in inadequate conditions of detention. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law and taking into account a gender perspective;
  2. adopt the necessary measures to ensure that the detention conditions of Mr. Marvin Antonio Castellón Ubilla comply with the applicable international standards;
  3. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  4. 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.

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Resolution No. 7/22
PM 217-21 - William Alfredo Balmaceda Ubieta and his nuclear family, Nicaragua

On February 8, 2022, the IACHR granted precautionary measures in favor of William Alfredo Balmaceda Ubieta and his nuclear family regarding Nicaragua, upon considering that they face a serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiary, identified or perceived as a political opponent in the current context of Nicaragua, is being subjected to acts of threats, attacks, harassment, and surveillance by state and para-state agents. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life and personal integrity of William Alfredo Balmaceda Ubieta and his nuclear family. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law;
  2. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  3. 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.

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Resolution No. 5/22
PM 858-21 - Families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous People, Colombia

On February 1, 2022, the IACHR decided to request the adoption of precautionary measures in favor of the families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous People, in Colombia. The request for precautionary measures alleges that the proposed beneficiaries are at risk, given that their native lands are being occupied by armed groups, carrying out acts of violence that affect the proposed beneficiaries, having reported attacks, harassment, displacement, and even murders. Upon analyzing the submissions of fact and law, the IACHR considers that the information provided shows, in principle, that the beneficiaries are at serious and urgent risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requested that Colombia adopt the necessary and culturally appropriate measures to safeguard the life and personal integrity of the families of the Río Murindó and Río Chageradó Reservations; consult and agree upon the measures to be adopted with the beneficiaries and/or their representatives; and report on the actions taken to investigate the alleged facts that gave rise to this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 1/22
PM 1088-21 - Edgar Francisco Parrales Castillo , Nicaragua

On January 12, 2022, the IACHR granted precautionary measures to Edgar Francisco Parrales Castillo, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures claims that the proposed beneficiary, identified or perceived as political opponent in the current context of Nicaragua, is deprived of liberty since November 22, 2021, is being held incommunicado from his relatives and lawyers, suffers from serious diseases and is not receiving timely medical attention. Pursuant to Article 25 of its Rules of Procedure, the Commission request that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Edgar Francisco Parrales Castillo;
  2. ensure that his detention conditions are compatible with applicable international standards on the matter, including, inter alia: i. to have contact with his relatives and defense lawyers; ii. taking into account the situation presenting a risk to his life, personal integrity, and health resulting from the circumstances surrounding his current deprivation of liberty and his state of health, immediately carry out an impartial and specialized medical assessment on his current health situation; iii. provide the treatments and medications that the proposed beneficiary has been reportedly prescribed; and iv. assess the possibility of immediately granting alternative measures to deprivation of liberty, based on his state of health, in accordance with its internal regulations and in light of the applicable inter-American standards; and
  3. report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.

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