Precautionary Measures
Resolution No. 83/24
PM 934-24 - Layrton Fernandes da Cruz’s family, Brazil
On November 12, 2024, the IACHR granted precautionary measures in favor of Layrton Fernandes da Cruz's family members, considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Brazil. According to the request, the beneficiaries have received constant police raids on their residences, which have intensified after the death of Layrton, a relative of the proposed beneficiaries, which occurred on August 1, 2023, in a police operation carried out in Baixada Santista. The raids include the presence of state security agents armed with rifles under the justification of “combating drug trafficking in the region”. The police entries were recorded by security cameras installed in the residences and allegedly occurred on at least 14 occasions and at different times, including in the early hours of the morning, and in the presence of children. Such events are said to have had an intimidating effect on Layrton's relatives, who allegedly felt intimidated and their mental health was affected.
For its part, the State indicated that the protection of the beneficiaries was the subject of a judicial precautionary measure at the domestic level, which was revoked after the proceedings investigating Layrton’s death were shelved. It referred that the file of the investigation process was sent to the Corregiduría of the Military Police on July 4, 2024, and that the information on the threatening events was forwarded to the Military Justice and to the Public Prosecutor's Office responsible for the external control of the police activity.
Consequently, under the terms of Article 25 of the Rules of Procedure, the IACHR requested that Brazil:
- adopt the necessary measures to protect the rights to life and integrity of the beneficiaries;
- consult and agree upon the measures to be implemented with the beneficiaries and their 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. 38/24( EXTENSION )
PM 61-23 - Members of the Pataxó Hã-Hã-Hãe Indigenous Peoples, Brazil
On June 3, 2024, the IACHR extended precautionary measures in favor of members of the Pataxó Hã-Hã-Hãe Indigenous People regarding Brazil. According to the request, the beneficiaries inhabit the Caramuru-Paraguaçu Indigenous Land in the south of the state of Bahia and are suffering episodes of violence and threats due to disputes over the definition of their territory, as well as the presence of organized crime groups in them. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to demand that Brazil:
- adopt the necessary and culturally appropriate measures to protect the life and personal integrity of the members of the Pataxó Hã-Hã-Hãe Indigenous People, including from acts perpetrated by third parties. These measures should allow the leaders of the Pataxó Hã-Hã-Hãe Indigenous People to continue carrying out their work in defense of human rights, as well as guarantee that the beneficiaries can return to their villages without being subjected to threats, intimidation or acts of violence;
- consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
- report on the actions taken to investigate the facts that gave rise to this precautionary measure, so as to prevent them from reoccurring.
Resolution No. 28/24
PM 50-24 - Members of the Tapeba Indigenous People of Caucaia, Brazil
On May 9, 2024, the IACHR granted precautionary measures in favor of Members of the Tapeba Indigenous People of Caucaia regarding Brazil. According to the request, the beneficiaries are suffering episodes of violence and threats by organized crime and the police, as well as expulsions from their villages in the context of completion of the demarcation of their lands and protection of their territory. Therefore, in terms of Article 25 of its Rules of Procedure, the IACHR decided to require that Brazil:
- adopt the necessary and culturally appropriate measures to protect the life and personal integrity of the members of the Tapeba Indigenous People of Caucaia, including against acts perpetrated by third parties. These measures must allow the leaders of the Tapeba Indigenous People to continue carrying out their work in defense of human rights, as well as guarantee that the beneficiaries can return to their villages without being subjected to threats, persecution, or acts of violence;
- coordinate the measures to be implemented with the beneficiaries and their representatives; and
- report on the actions taken to investigate the events that led to this precautionary measure, so as to prevent such events from reoccurring
Resolution No. 25/23
PM 61-23 - Members of the Pataxó Indigenous People located in the Barra Velha and Comexatibá Indigenous Lands in the state of Bahia, Brazil
On April 24, 2023, the IACHR granted precautionary measures in favor of members of the Pataxó Indigenous People located in the Barra Velha and Comexatibá Indigenous Lands in the state of Bahia in Brazil. According to the information received, the beneficiaries are in a situation of risk in the framework of conflicts related to the determination of their territory, having been the object of threats, harassment and acts of violence, including the murder of three young Pataxó men. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, Brazil is requested:
- to adopt the necessary measures to protect the life and personal integrity of the members of the Pataxó Indigenous People as identified, including from acts perpetrated by third parties, taking into consideration the cultural relevance of the measures adopted;
- to coordinate the measures to be adopted with the beneficiary persons and their representatives; and
- to report on the actions taken to investigate the facts that motivated the adoption of this precautionary measure and thus prevent their repetition
Resolution No. 10/23
PM 938-22 - Members of the Boa Hora III/Marmorana Quilombola Territory, located in the rural area of Alto Alegre do Maranhão, in the State of Maranhão, Brazil
On February 27, 2023, the IACHR decided to grant precautionary measures in favor of members of the traditional Afro-descendant Quilombola people of the Boa Hora III/Marmorana Quilombola Territory, in the state of Maranhão, in Brazil. According to the request, a landowner invaded part of the territory, tore down the fences of the residents, surrounded the community’s plantation areas, and prevented access to the natural source of water used by the community. The above, allegedly with the use of armed men, who would be monitoring and threatening the beneficiaries. The Commission appreciated the information provided by the State; however, it observed that the applicants have referred to the continued presence of armed men in the community, intimidation actions against the beneficiaries, and the absence of collective protection measures adopted by the State. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Brazil:
- adopt the necessary and culturally appropriate measures, with a due ethnic-racial approach, to protect the rights to life and personal integrity of the members of the Boa Hora III/Marmorana Quilombola Territory. Similarly, the State must guarantee that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, with respect to threatening acts attributable to third parties;
- 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 facts that gave rise to the adoption of this precautionary measure, so as to prevent such events from reoccurring
Resolution No. 59/22( EXTENSION AND FOLLOW-UP )
PM 449-22 - Identified members of the “União dos Povos Indígenas do Vale de Javari” -UNIVAJA (Union of Indigenous Peoples of Vale do Javari - UNIVAJA) , Brazil
On October 27, 2022, the Inter-American Commission extended precautionary measures in favor of 11 members of “União dos Povos Indígenas do Vale de Javari” (UNIVAJA) in Brazil. According to the information received, the beneficiaries are at risk due to their work protecting the Vale do Javari indigenous peoples and their territory, as well as for their direct participation in the searches for Bruno Araújo Pereira and Dom Phillips and their demand for justice regarding their murders. Upon analyzing the submissions of fact and law furnished by the parties, the Commission considers that the information presented shows prima facie that the 11 persons identified are in a serious and urgent situation, given that their rights to life and personal integrity are at serious risk. Consequently, in accordance with Article 25 of the Rules of Procedure of the IACHR, Brazil is requested to:
- adopt the necessary measures to protect the life and personal integrity of the 11 persons identified, taking into consideration the cultural appropriateness of the measures adopted;
- adopt the necessary measures to guarantee that the proposed beneficiaries can continue to carry out their work as human rights defenders without being subjected to threats, harassment, or acts of violence during the exercise of their duties;
- 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 the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 53/22( EXTENSION )
PM 888-19 - Persons Deprived of Liberty in the Alfredo Tranjan Penitentiary, Brazil
On October 11, 2022, the IACHR granted precautionary measures in favor of the persons deprived of liberty at Alfredo Tranjan Penitentiary (PAT) in Brazil. According to the representatives, the PAT is receiving prisoners transferred from the Jorge Santana Public Penitentiary and they are being held in the PAT under inadequate conditions of detention and without adequate and timely access to medical attention. Therefore, in accordance with Article 25 of its Rules of Procedure, the Commission decided to grant the extension of precautionary measure and requested that the State of Brazil:
- adopt the necessary measures to protect the life, personal integrity, and health of persons deprived of liberty in Alfredo Tranjan Penitentiary; particularly, guaranteeing adequate and timely medical care, in accordance with the recommendations of the corresponding experts;
- adopt the necessary measures to ensure that the conditions of detention of the beneficiaries conform to applicable international standards; in particular, ensuring that the structure of Alfredo Tranjan Penitentiary meets the necessary security conditions, taking into account the situation of beneficiaries with disabilities or injured, mutilated, fractured or otherwise wounded, in order to prevent further harm to the entire prison population; taking immediate action to substantially reduce overcrowding; and providing adequate sanitation and hygiene;
- take measures with a view to reassessing the compatibility of deprivation of liberty in view of the individual situation presenting a risk to the life and personal integrity of beneficiaries with disabilities –temporary or permanent– and others with particular health needs in light of applicable international standards;
- consult and agree upon the measures to be taken with the beneficiaries and their representatives; and
- report on the actions taken in order to investigate the facts that led to the adoption of this precautionary measure, so as to prevent such incidents from reoccurring.
Resolution No. 50/22
PM 517-22 - Members of the Guapoy´s community of the Guarani Kaiowá Indigenous People, Brazil
On October 2, 2022, the IACHR granted precautionary measures in favor of the members of the Guapoy´s community of the Guarani Kaiowá Indigenous People, regarding Brazil. The IACHR considered that the members of the beneficiary community are in a serious and urgent situation placing them at risk of irreparable harm to their rights, after being subjected to acts of violence in the context of disputes over land ownership in the region and the murder of two indigenous persons proposed as beneficiaries. The Commission assessed the actions undertaken by the State and noted that, despite the measures adopted, the applicants have reported the occurrence of new facts, which, alleged and understood as a whole, are sufficient to identify the existence of events of violence that have increased over time, impacting the life and integrity of the members of the beneficiary community. Under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Brazil:
- adopt the necessary and culturally appropriate measures to protect the rights to life and personal integrity of the members of the Guapoy´s community of the Guarani Kaiowá Indigenous People. Likewise, the State must ensure that state actors respect the beneficiaries’ rights in accordance with the standards established by international human rights law, and in relation to acts of risk attributable to third parties;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- report on the actions taken to investigate the events that led to the adoption of the precautionary measures at hand, so as to prevent such events from reoccurring.
Resolution No. 34/22
PM 408-22 - Benny Briolly Rosa da Silva Santos and members of her work team, Brazil
On July 11, 2022, the IACHR granted precautionary measures in favor of Benny Briolly Rosa da Silva Santos and members of her work team. The request for precautionary measures alleges that the beneficiary, a councillor in the municipality of Niterói, is being subjected to a series of death threats as a result of her identification as a black transvestite woman and her work as a human rights defender.
Upon analyzing the submissions of fact and law provided by the parties, the Commission considers that the information presented shows prima facie that the proposed beneficiary is in a serious and urgent situation, given that her rights to life and personal integrity are at risk of irreparable harm.
Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Brazil:
- adopt the necessary measures to protect the rights to life and personal integrity of Ms. Benny Briolly Rosa da Silva Santos and three members of her work team, considering the ethnic-racial and gender approaches;
- 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 events that led to the adoption of this precautionary measure, so as to prevent similar events from reoccurring.
Resolution No. 24/22
PM 449-22 - Bruno Araújo Pereira and Dom Phillips, Brazil
On June 11, 2022, the IACHR decided to grant precautionary measures in favor of indigenist and defender of the rights of indigenous peoples Bruno Araújo Pereira and British journalist Dom Phillips. The request for precautionary measures indicates that the proposed beneficiaries have been missing since June 5, 2022, when they were traveling through the Vale do Javari Indigenous Land towards the city of Atalaia do Norte, in order to visit the team of the Indigenous Surveillance at the premises and conduct interviews. After analyzing the allegations of fact and law provided by the applicants, the Commission considered that the beneficiaries are in a serious and urgent situation, since their rights face a risk of irreparable damage, based on the applicable prima facie standard. Therefore, based on Article 25 of its Rules of Procedure, the Commission requested the State of Brazil redouble its efforts to determine the situation and whereabouts of Bruno Araújo Pereira and Dom Phillips, in order to protect their rights to life and personal integrity, and that they may continue to carry out their human rights defense work or journalistic activities, as appropriate. Also, report on the actions taken to investigate with due diligence the alleged facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 86/21
PM 869-21 - Antônio Martins Alves , Brazil
On October 21, 2021, the IACHR granted precautionary measures in favor of Antônio Martins Alves. In accordance with the request According to the request, the whereabouts or fate of the proposed beneficiary is unknown since July 16, 2021. The Commission did not have information that would indicate that substantial progress has been made in clarifying what happened or in locating the beneficiary. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Brasil:
- adopt the necessary measures to determine the situation and whereabouts of Antônio Martins Alves, in order to protect his rights to life and personal integrity; and
- report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent them from reoccurring
Resolution No. 1/21
PM 754-20 - Members of the Guajajara and Awá Indigenous Peoples of the Araribóia Indigenous Land, Brazil
On January 4, 2021, the IACHR decided to grant precautionary measures in favor of the members of the Guajajara and Awá Indigenous Peoples in voluntary isolation, located in the Araribóia Indigenous Land. According to the request, the persons proposed as beneficiaries are at risk in the context of the COVID-19 pandemic, particularly considering their particular situation of vulnerability, lack of health care, and the presence of unauthorized third parties in their territory. Therefore, in accordance with Article 25 of the Rules of Procedure, the IACHR requested that Brazil:
- adopt the necessary measures to protect the rights to health, life, and personal integrity of the members of the Guajajara and Awá Indigenous Peoples of the Araribóia Indigenous Land, while implementing, from a culturally appropriate perspective, preventive measures against the spread of COVID-19, and providing them with adequate medical care in conditions of availability, accessibility, acceptability, and quality, in accordance with applicable international standards;
- agree on the measures to be adopted with the beneficiaries and their representatives; and
- report on the actions implemented to investigate the incidents that led to the adoption of this precautionary measure so as to prevent such incidents from reoccurring.
Resolution No. 94/20
PM 679-20 - Munduruku Indigenous People, Brazil
On December 11, 2020, the IACHR decided to grant precautionary measures to members of the Muduruku Indigenous People. The applicants alleged that the beneficiaries are at risk in the context of the COVID-19 pandemic, especially given their particular vulnerability, health care failures and the presence of unauthorized third parties in their territory. Upon analyzing the allegations of fact and law provided by the applicants, the IACHR considered, based on the applicable prima facie standard, that the members of the Munduruku Indigenous People are in a serious and urgent situation, given that their rights face a risk of irreparable harm. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Brazil adopt the necessary measures to protect the rights to health, life and personal integrity of the members of the Munduruku Indigenous People, implementing, from a culturally appropriate perspective, measures to prevent the spread of COVID-19, as well as providing them with adequate medical care in terms of availability, accessibility, acceptability and quality, in accordance with applicable international standards; agree on the measures to be adopted with the beneficiaries and their representatives; and report on the actions implemented to investigate the facts that gave rise to the adoption of this precautionary measure and thus avoid its repetition.
Resolution No. 44/20
PM 1211-19 - Quilombo Rio dos Macacos Community, Brazil
On August 6, 2020, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 42/2020, by which it granted precautionary measures to members of the Remnant Community of Quilombo Rio dos Macacos. The applicants alleged that the beneficiaries are at risk due to threats, harassment, and acts of violence perpetrated against them in the context of their dispute for recognition of their territory, and in view of the potential collapse of the dam in Rio dos Macacos, close to the territory. Upon analyzing the submissions of fact and law, the Commission considers that the information demonstrates prima facie that the members of the remnant community of the Quilombo Rio dos Macacos face a serious and urgent situation of irreparable harm given that their rights to life and personal integrity are at serious risk. Consequently, in accordance with Article 25 of the Rules of Procedures, the Commission requested that Brazil adopt the necessary measures, while implementing an adequate intercultural approach, to protect the rights to life and personal integrity of the members of the remnant community of the Quilombo Rio dos Macacos. In particular, the State must protect them from threats and acts of harassment and violence committed by both state officers and third parties, pursuant to international law of human rights; consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and report on the measures adopted in order to investigate the facts that led to the adoption of this precautionary measure and thus avoid its reoccurrence.
Resolution No. 35/20
PM 563-20 - Members of the Yanomami and Ye'kwana Indigenous Peoples, Brazil
On July 17, 2020, the IACHR decided to grant precautionary measures to members of the Yanomami and Ye'kwana Indigenous Peoples in Brazil. The request for precautionary measures sustains that the population of the Yanomami Indigenous Land is at particular risk in view of the COVID-19 pandemic, considering their immune vulnerability, faults in the health system for this population, illegal presence of third parties in their territory, mercury contamination, and acts of violence against indigenous leaders. Upon analyzing the arguments of fact and law submitted, the IACHR considered that, from the applicable prima facie standard, the members of the Yanomami and Ye'kwana Indigenous Peoples are in a serious and urgent situation, given that their rights are at risk of irreparable harm. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Brazil:
- adopt the necessary measures to protect the rights to health, life and personal integrity of the members of the Yanomami and Ye'kwana Indigenous Peoples, implementing, from an adequate intercultural approach, prevention measures against the spread of COVID-19, as well as providing adequate medical care in terms of availability, accessibility, acceptability and quality, in accordance with the applicable international standards;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and (
- report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such incidents from reoccurring
Resolution No. 6/20
PM 888-19 - Persons Deprived of Liberty in the Jorge Santana Prison, Brazil
On February 5, 2020, the IACHR decided to grant precautionary measures to persons deprived of their liberty in the Jorge Santana Public Penitentiary in Brazil. According to the request, the proposed beneficiaries are at risk because of the conditions of imprisonment and lack of medical care. In this matter, the Commission indeed notes that the persons proposed as beneficiaries face a multiplicity of risk factors, the conditions of detention continue to be of concern, inasmuch as the problem of overcrowding has not yet been solved, as well as the lack of hygiene and other structural deficiencies that jeopardize the rights to life and personal integrity of prisoners, particularly those with a disability or mobility restriction. Upon analyzing the arguments of fact and law provided by the parties, the Commission considers that the information presented shows prima facie that the persons deprived of their liberty in the Jorge Santana Public Penitentiary are in a serious and urgent situation, given that their rights to health, life and personal integrity are at serious risk. Consequently, the IACHR requests that Brazil:
- adopt the necessary measures to preserve the life, personal integrity and health of the persons deprived of their liberty in the Jorge Santana Public Penitentiary; particularly, by guaranteeing adequate and timely medical care, in accordance with the recommendations of the corresponding experts;
- take the necessary measures to ensure that the conditions of detention of the beneficiaries meet the applicable international standards; in particular, by ensuring that the structure of the Jorge Santana Public Penitentiary meets the necessary safety conditions, taking into account the situation of the beneficiaries who are disabled, injured, mutilated, fractured or injured in other way, and in order to prevent further impacts on the entire prison population; by taking immediate actions to substantially reduce overcrowding; and by providing adequate sanitation and hygiene;
- consult and agree upon the measures to be taken with the beneficiaries and their representatives; and
- inform on the actions taken to investigate the alleged events that caused the adoption of this precautionary measure, so as to prevent such incidents from reoccurring.
Resolution No. 47/19
PM 458-19 - Guyraroká community of the Guarani Kaiowá Indigenous People, Brazil
On September 29th, 2019 the Inter-American Commission on Human Rights granted precautionary measures in favor of the member of the Guyraroká community of the Guarani Kaiowá Indigenous People. According to the request, the proposed beneficiaries are at risk after being subject to threats, harassment, and acts of violence allegedly by landowners in the context of a dispute over land ownership. After analyzing the factual and legal allegations submitted by the applicant, the Commission considers that the information proves prima facie that the families of the Guyraroká community of the Guarani Kaiowá indigenous people are in a situation of seriousness and urgency as their rights to life and personal integrity are at serious risk. Consequently, pursuant to Article 25 of its Rules of Procedure, the Commission requests that the State of Brazil
- adopt the necessary measures to protect the rights to life and personal integrity of the members of the Guyraroká community of the Guarani Kaiowá indigenous people and to prevent acts of violence by third parties;
- adopt culturally-appropriate measures to protect the life and personal integrity of the Guyraroká community of the Guarani Kaiowá indigenous people by implementing, for instance, actions aimed at improving health and food conditions, as well as guaranteeing access to drinking water, among others;
- consult and agree upon the measures to be taken with the people proposed as beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure in order to prevent their repetition
Resolution No. 40/19
PM 379-19 - Penitenciaría Evaristo de Moraes, Brazil
On August 7, 2019, the IACHR decided to grant precautionary measures in favor of the persons deprived of liberty at the Penitentiary Evaristo de Moraes, in Brasil. The applicants, members of the Rio de Janeiro State Public Defender’s Office, claimed that the proposed beneficiaries faced serious detention conditions and a lack of appropriate medical attention. Moreover, they alleged that tens of deaths were registered during these past years, with more than five cases in 2019, while their causes are still not fully determined; in addition, they indicated that the establishment showed high overcrowding, reaching even more than 250% of its capacity. After analyzing the factual and legal arguments put forward by the parties, the Commission considers that the information submitted prima facie shows that the proposed beneficiaries face a situation of seriousness and urgency, since their rights to life, personal integrity and health are in serious risk. Consequently, according to Article 25 of the Rules of Procedure, the Commission requested Brazil to:
- adopt the necessary measures to preserve the lives, personal integrity, and health of the persons detained in the Evaristo de Morães Detention Facilities;
- adopt immediate actions to substantially reduce overcrowding inside the detention facilities in accordance to international standards;
- provide adequate hygiene conditions inside the facilities, access to drinkable water, and adequate medical care for the detainees, according to the illnesses they have;
- adopt the necessary measures to have contingency plans in case of an emergency;
- consult upon the measures to be adopted with the beneficiaries and their representatives; e
- provide information regarding the actions taken to investigate the alleged acts that caused the adoptions of the present precautionary measure and, in this way, avoid its repetition
Resolution No. 11/19
PM 1450-18 - Julio Renato Lancellotti and Daniel Guerra Feitosa, Brazil
On March 8, 2019, the IACHR decided to grant precautionary measures in favor of Julio Renato Lancellotti and Daniel Guerra Feitosa, in Brazil. The request for precautionary measures alleges that the proposed beneficiaries are allegedly at risk after receiving a series of threats and harassment allegedly related to their work with homeless persons. Through multiple statements of discredit and stigmatization, a climate of animosity was formed, fundamentally against the proposed beneficiary Julio Lancellotti, fostered by the widespread idea that the work of human rights defenders would stimulate the presence of street dwellers. After analysing the factual and legal allegations made by the parties, the Commission considers that the information presented demonstrates, in principle, that Julio Renato Lancellotti and Daniel Guerra Feitosa are in a situation of seriousness and urgency, since their rights to life and personal integrity are at serious risk. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested Brazil to adopt the necessary measures to protect the rights to life and personal integrity of Julio Renato Lancellotti and Daniel Guerra Feitosa; adopt the necessary measures to guarantee that Julio Renato Lancellotti can continue to carry out his work as a human rights defender without being the object of threats, harassment or acts of violence in the exercise of those rights; agree on the measures to be adopted with the beneficiaries; and report on the actions implemented to investigate the facts that gave rise to the adoption of the present precautionary measure and thus avoid its repetition.
Resolution No. 7/19
PM 181-19 - Indigenous persons of the Pemon ethnic group in the San Francisco de Yuruaní or "Kumaracapay" community and one other, Venezuela
On February 28, 2019, the IACHR decided to grant precautionary measures in favor of indigenous persons of the Pemon ethnic group in the San Francisco de Yuruaní or "Kumaracapay" community and of indigenous rights defender Olnar Ortiz, in Venezuela. The request for precautionary measures alleges that indigenous persons who live in San Francisco de Yuruaní (also known by the indigenous name "Kumaracapay") in the Gran Sabana municipality of the state of Bolívar, who belong to the Pemon ethnic group, and Bare indigenous rights defender Olnar Ortiz are at risk after they took part in events at the Venezuelan-Brazilian border on February 22-23, 2019, in connection with efforts to get humanitarian aid into Venezuela. According to the allegations, the proposed beneficiaries were subjected to various acts of violence, allegedly as a consequence of an excessive use of force by officers of the State and of attacks by groups that the requesting party calls "colectivos." After assessing the legal and factual allegations of the requesting party, the Commission considers, in principle, that the proposed beneficiaries face a situation of grave and urgent risk, since their rights risk suffering irreparable damage. Consequently, in keeping with Article 25 of the its Rules of Procedure, the Commission asks the State of Venezuela to adopt any measures necessary to protect the rights to life and personal integrity and to preserve the safety of indigenous persons of the Pemon ethnic group in the San Francisco de Yuruaní or "Kumaracapay" community, as well as of Bare indigenous rights defender Olnar Ortiz. Among such measures, the Commission asks the State of Venezuela to ensure that its officers respect beneficiaries’ rights and refrain from using force in any way incompatible with the applicable international standards; and to protect beneficiaries’ rights from likely events that might be perpetrated by third parties in the current context. In particular, the IACHR asks Venezuela to implement culturally appropriate security measures to prevent risky events that might otherwise be perpetrated by third parties that the requesting party calls "colectivos." Further, the Commission asks Venezuela to implement protection measures for the families of Pemon indigenous persons killed on February 22-23, 2019, and to provide adequate medical assistance to Pemon indigenous persons in the community who were injured in the area on February 22-23, 2019. Finally, the IACHR asks the State to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken and to report on any actions adopted to investigate the alleged events that gave rise to the adoption of this precautionary measure, in order to prevent such events from happening again in the future..
Resolution No. 92/18
PM 1489-18 - Andre Luiz Moreira da Silva, Brazil
On December 31, 2018, the IACHR decided to grant precautionary measures in favor of Andre Luiz Moreira da Silva in Brazil. The request for precautionary measures alleges that, on September 22, 2018, Andre Luiz Moreira da Silva, who worked as a Military Police officer in Rio de Janeiro, was in his car with his partner and two children when he was intercepted by armed persons. His family was released, but the attackers allegedly took Andre Luiz Moreira da Silva with them. In the morning of September 23, police officers from his department allegedly found the proposed beneficiary’s car, which had been burned. The request alleges that there is a context of violence by "militias" against police officers in the city of Rio de Janeiro, allegedly with the support of "corrupt police officers," and that such groups took Andre Luiz Moreira da Silva. The request notes that the proposed beneficiary’s whereabouts remain unknown and that the authorities have failed to report on any progress made by the investigation. After assessing the legal and factual allegations, the Commission considers that Andre Luiz Moreira da Silva faces a situation of grave and urgent risk, since his rights to life and personal integrity risk suffering irreparable damage. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked the Brazilian State to take any measures necessary to protect the rights to life and personal integrity of Andre Luiz Moreira da Silva and, in particular, to establish his whereabouts and fate; to come to an agreement with the beneficiary’s representative regarding any measures that need to be taken; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.
Resolution No. 89/18
PM 1358-18 - Joana D'Arc Mendes, Brazil
On December 7, 2018, the IACHR decided to grant precautionary measures in favor of Joana D'Arc Mendes, in Brazil. The request for precautionary measures alleges that Joana D'Arc Mendes would be at risk after receiving a series of threats and harassment allegedly related to her work as a human rights defender and the search for justice in the case of her son, allegedly murdered by the police, as well as the complaints filed against militia groups. After analyzing the legal and factual allegations, the IACHR considers that the information presented demonstrates, prima facie, that the beneficiary is in a situation of seriousness and urgency. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested Brazil to adopt the necessary measures to protect the right to life and personal integrity of Joana D'Arc Mendes; to agree on the measures to be adopted with the beneficiary and her representative; and to report on the actions taken to investigate the facts that gave rise to the adoption of this precautionary measure and thus avoid its repetition.
Resolution No. 85/18
PM 1262-18 - Jean Wyllys de Matos Santos and his family, Brazil
On November 20, 2018, the IACHR decided to grant precautionary measures in favor of Jean Wyllys de Matos Santos and his family in Brazil. The request for precautionary measures alleges that Jean Wyllys is at risk after receiving a series of death threats based on his sexual orientation and his work in favor of the LGBTI community in Brazil. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that the beneficiary faces a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked the Brazilian State to take any measures necessary to protect the rights to life and personal integrity of Jean Wyllys de Matos Santos and his family; to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken; and to report on any actions taken to investigate the events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.
Resolution No. 57/18
PM 767-18 - Mônica Tereza Azeredo Benício, Brazil
On August 3, 2018, the IACHR decided to request the adoption of precautionary measures in favor of Michael Edwing Healy Lacayo, José Adán Aguerri Chamorro, Felipe Argüello Agüero, Álvaro Javier Vargas Duarte, Claudia Neira Bermúdez, Juan Sebastián Chamorro, and Juan Carlos Gutierrez Soto, as well as their families, in Nicaragua. The request for precautionary measures alleges that the proposed beneficiaries are participants in the National Dialogue in representation of the private sector in the Civic Alliance for Justice and Democracy are in a situation of risk due to alleged threats, harassment and reprisals in the current context in Nicaragua. After analyzing the allegations of fact and law, the IACHR considers that the information presented shows, in principle, that the beneficiaries are in a serious and urgent situation. Consequently, in accordance with article 25 of the IACHR's Rules of Procedure, the Commission requested Nicaragua to adopt the necessary measures to guarantee the rights to life and personal integrity of the aforementioned persons and their families, and in particular, that the State ensure that its agents respect the rights of the beneficiaries in accordance with the standards established by international human rights law, as well as in relation to acts of risk attributable to third parties. The IACHR also requested that the measures to be adopted be agreed upon with the beneficiaries and their representatives; and that it report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of this precautionary measure and thus avoid its repetition.
Resolution No. 43/16
PM 302-15 - Adolescents Deprived of Liberty at the Center for Socio-Educational Services for Adolescents (CASA), Brazil
On July 21, 2016, the IACHR decided to request that precautionary measures be adopted for two adolescents in custody at the Cedro Center for Socio-Educational Services for Adolescents (CASA), in Brazil. The request for precautionary measures alleges that the adolescents are at risk due to the alleged use of excessive force by personnel at the detention center, the use of prolonged and continued solitary confinement as a disciplinary punishment, and the lack of proper medical attention in the event of these episodes of violence. After analyzing the allegations of fact and law, the Commission believes that the information presented demonstrates, prima facie, that the two adolescents are in a serious and urgent situation as their lives and personal integrity are at grave risk. Consequently, in accordance with Article 25 of its Rules of Procedure, the Commission requested that Brazil adopt the necessary measures to protect the lives and personal integrity of the adolescents being held at the Cedro CASA, in the state of São Paulo; that it provide proper medical attention that ensures that the adolescents’ personal integrity and lives are protected; and that it implement concrete measures to prohibit the application of forms of disciplinary punishment that are contrary to international standards applicable to children and adolescents, including the practice of solitary confinement. The Commission also asked Brazil to come to an agreement with the beneficiaries and their representatives on the measures to be adopted and to report on the steps taken to investigate the allegations that led to the adoption of this precautionary measure, so as to avoid a recurrence.
Resolution No. 39/16
PM 208-16 - Instituto Penal Plácido de Sá Carvalho, Brazil
El 15 de julio de 2016, la CIDH decidió solicitar la adopción de medidas cautelares a favor de las personas privadas de la libertad en Instituto Penal Plácido de Sá Carvalho, en el estado de Río de Janeiro, en Brasil. La solicitud alega que dichas personas estarían enfrentando graves condiciones de detención que incluirían serias deficiencias en la infraestructura del recinto, las cuales producirían riesgos de incendios debido a la exposición de cables eléctricos; falta de acceso continuo a agua para consumo humano, así como a ventilación e iluminación adecuada; insuficiencia de personal médico en relación con el número de presos y acceso a tratamientos médicos, y pésimas condiciones de salubridad; entre otras supuestas circunstancias. Principalmente, los solicitantes destacaron que, entre el 1 de enero y el 26 de junio de 2016, 13 personas habrían fallecido mientras se encontraban privadas de libertad en dicha penitenciaria. En consecuencia, de acuerdo con el Artículo 25 del Reglamento de la CIDH, la Comisión solicitó a Brasil que:
- Adopte las medidas necesarias para proteger la vida e integridad personal de las personas privadas de libertad en el Instituto Penal Plácido de Sá Carvalho;
- Tome acciones inmediatas para reducir sustancialmente el hacinamiento al interior del Instituto Penal Plácido de Sá Carvalho, de acuerdo a estándares internacionales;
- Provea condiciones adecuadas de higiene en los recintos, acceso a agua para consumo humano, y proporcione los tratamientos médicos adecuados para las personas detenidas, de acuerdo a las patologías que presenten;
- Adopte las medidas necesarias para contar con planes de emergencia ante cualquier eventualidad;
- Concierte las medidas a adoptarse con los beneficiarios y sus representantes; e
- Informe sobre las acciones adoptadas a fin de investigar los hechos que dieron lugar a la adopción de la presente medida cautelar y así evitar su repetición
Resolution No. 71/15
PM 60-15 - Adolescents deprived of freedom in facilities of juvenile detention reform for men in the state of Ceará, Brazil
On December 31, 2015, the Commission requested that precautionary measures be adopted for adolescents deprived of freedom in juvenile detention reform facilities for men in the state of Ceará, Brazil. The request for precautionary measures alleged that the beneficiaries are at risk because of the poor conditions of the detentions, that allegedly include overpopulation, excessive use of force by instructors, torture, use of isolationism for long periods of time, sexual abuses, and lack of medical assistance. After analyzing the allegations of fact and law, the Commission believes that the information presented shows, prima facie, that the adolescents in these facilities are in a serious and urgent situation, and their lives and personal integrity are allegedly at risk. Consequently, in accordance with Article 25 of its Rules of Procedure, the Commission requested the State of Brazil to adopt the necessary measures to ensure the life and personal integrity of the adolescents arrested in the Juvenile Reform Center of São Miguel, the Juvenile Reform Center of Dom Bosco and the Juvenile Reform Center Patativa do Assaré in Ceará, and for those who were temporarily transferred to the Military Detention Center of Aquiraz, according to international law and the best interest of the child. Particularly, the Commission requested to ensure adequate conditions of infrastructure and suitable personal, and good quality of hygiene, food and medical treatment. In addition, the Commission requested the State of Brazil substantially decrease the number of adolescents detained in these facilities, and avoid overpopulated conditions, among other measures.
Resolution No. 14/13
PM 8-13 - Persons Deprived of Liberty at the Porto Alegre Central Prison, Brazil
On December 30, 2013, the IACHR requested that precautionary measures be adopted for persons deprived of liberty at the Porto Alegre Central Prison (PCPA), in Brazil. The request for precautionary measures alleges that these individuals are at risk due to poor detention conditions, extreme overcrowding, and lack of State control over various parts of the facility, among other situations, all of which could affect the prisoners' right to life and personal integrity. After analyzing the allegations of fact and law submitted by the petitioners and the State, the Commission believes that the information presented suggests that the situation of those deprived of liberty at the PCPA is serious and urgent, as their lives and physical integrity are said to be at grave risk. Therefore, pursuant to Article 25 of the IACHR Rules of Procedure, the Commission asked the State of Brazil to adopt the necessary measures to protect the lives and personal integrity of the inmates at the Porto Alegre Central Prison; provide hygienic conditions at the facility and adequate medical treatment for the inmates, in line with whatever medical conditions they may have; and implement measures designed to recover security control over all areas of the prison, following international human rights standards and protecting the lives and personal integrity of all the inmates. Read resolution here in
Resolution No. 11/13
PM 367-13 - Persons Deprived of Liberty at the Pedrinhas Prison Complex, Brazil
On December 16, 2013, the IACHR requested that precautionary measures be adopted for the individuals incarcerated at the Pedrinhas Prison Complex, in Brazil. The request for precautionary measures alleges that these individuals are at risk from acts of violence. After analyzing the allegations of fact and law presented by the petitioners and the State, the Commission believes that the information presented suggests that those deprived of liberty at the Pedrinhas Prison Complex are facing a grave and urgent situation, as their life and safety are reportedly threatened and at serious risk. Therefore, pursuant to Article 25 of the IACHR Rules of Procedure, the Commission asked the State of Brazil to adopt the necessary measures to prevent loss of life and harm to the physical integrity of those deprived of liberty at the Pedrinhas Prison Complex; to immediately reduce the levels of overcrowding; and to investigate the incidents that gave rise to the adoption of this precautionary measure so that they do not happen again. Read the resolution here in
PM 199-11 - People deprived of their freedom at Professor Aníbal Bruno Prison, Brazil
On August 4, 2011, the IACHR granted precautionary measures on behalf of the people deprived of their freedom at Professor Aníbal Bruno Prison, in the city of Recife, state of Pernambuco, in Brazil. The precautionary measure request claims that 97 inmates of Professor Aníbal Bruno Prison have died since January 2008, with 55 of them meeting violent deaths. The request also alleges that several inmates have been tortured, reportedly by the authorities or with their consent. It further reports that there were two prison riots in July 2011, during which two people were killed and another 16 were injured. The Commission asked the State to adopt all the measures necessary to protect the lives, persons, and health of the inmates at Professor Aníbal Bruno Prison, to take the steps necessary to increase the number of security personnel at the facility, and to ensure that agents of the State's security forces were responsible for internal security functions, eliminating the system of trusties known as "chaveiros" and relieving inmates of responsibility for disciplinary, oversight, and security functions. In addition, the IACHR asked the State to ensure adequate medical care was available to the beneficiaries and to report back on the steps taken, inter alia, to reduce overcrowding at this prison.
On October 2, 2012, the IACHR extended these precautionary measures to protect the employees and the visitors of this prison.
PM 382-10 - Indigenous Communities of the Xingu River Basin, Pará, Brazil
On April 1, 2011, the IACHR granted precautionary measures for the members of the indigenous communities of the Xingu River Basin in Pará, Brazil: the Arara of Volta Grande do Xingu; the Juruna of Paquiçamba; the Juruna of "Kilómetro 17"; the Xikrin of Trincheira Bacajá; the Asurini of Koatinemo; the Kararaô and Kayapó of the Kararaô indigenous lands; the Parakanã of Apyterewa; the Araweté of the Igarapé Ipixuna; the Arara of the Arara indigenous lands; the Arara of Cachoeira Seca; and the Xingu Basin indigenous communities in voluntary isolation. The request for precautionary measure alleges that the life and physical integrity of the beneficiaries is at risk due to the impact of the construction of the Belo Monte hydroelectric power plant. The Inter-American Commission requested that the State of Brazil immediately suspend the licensing process for the Belo Monte Hydroelectric Plant project and stop any construction work from moving forward until certain minimum conditions are met. The State must (1) conduct consultation processes, in fulfillment of its international obligations - meaning prior consultations that are free, informed, of good faith, culturally appropriate, and with the aim of reaching an agreement - in relation to each of the affected indigenous communities that are beneficiaries of these precautionary measures; (2) guarantee that, in order for this to be an informed consultation process, the indigenous communities have access beforehand to the project's Social and Environmental Impact Study, in an accessible format, including translation into the respective indigenous languages; (3) adopt measures to protect the life and physical integrity of the members of the indigenous peoples in voluntary isolation of the Xingu Basin, and to prevent the spread of diseases and epidemics among the indigenous communities being granted the precautionary measures as a consequence of the construction of the Belo Monte hydropower plant. This includes any diseases derived from the massive influx of people into the region as well as the exacerbation of transmission vectors of water-related diseases such as malaria.
On July 29, 2011, during its 142nd regular session, the IACHR evaluated Precautionary Measure 382/10, based on information submitted by the State and the petitioners, and modified the aim of the measure. The IACHR requested that the State: 1) Adopt measures to protect the lives, health, and physical integrity of the members of the Xingu Basin indigenous communities in voluntary isolation and to protect the cultural integrity of those communities, including effective actions to implement and execute the legal/formal measures that already exist, as well as to design and implement specific measures to mitigate the effects the construction of the Belo Monte dam will have on the territory and life of these communities in isolation; 2) Adopt measures to protect the health of the members of the Xingu Basin indigenous communities affected by the Belo Monte project, including (a) accelerating the finalization and implementation of the Integrated Program on Indigenous Health for the UHE Belo Monte region, and (b) designing and effectively implementing the recently stated plans and programs that had been specifically ordered by the FUNAI in Technical Opinion 21/09; and 3) Guarantee that the processes still pending to regularize the ancestral lands of the Xingu Basin indigenous peoples will be finalized soon, and adopt effective measures to protect those ancestral lands against intrusion and occupation by non-indigenous people and against the exploitation or deterioration of their natural resources. Moreover, the IACHR decided that the debate between the parties on prior consultation and informed consent with regard to the Belo Monte project has turned into a discussion on the merits of the matter, which goes beyond the scope of precautionary measures.
PM 114-10 - Persons Deprived of Liberty in the Judicial Police Department (DPJ) of Vila Velha, Brazil
On April 28, 2010, the IACHR granted precautionary measures for those persons deprived of liberty in the Judicial Police Department (DPJ) of the city of Vila Velha, in the state of Espíritu Santo, Brazil. The request for precautionary measures indicates that the life, personal integrity, and health of those deprived of liberty in the Vila Velha DPJ are at risk. It adds that an average of 160 people, both accused and convicted persons, are being held, in inhuman and degrading conditions, in a cell with the capacity to hold 36 persons. The Inter-American Commission asked the State of Brazil to adopt the necessary measures to protect the life, personal integrity, and health of those persons deprived of liberty in the Judicial Police Department of the city of Vila Velha, in the state of Espíritu Santo, and to provide adequate medical attention to the beneficiaries and prevent the transmission of contagious diseases. The Commission also asked that the measures be adopted in consultation with the beneficiaries' representatives, that the Commission be informed as to the measures adopted to reduce overpopulation in the facility, and that it be informed regarding the failure to divide inmates who are accused from those who have been convicted.
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PM 196-09 - Precautionary Measure, Nuclear Family of Rasel Antonio Tome, Honduras
On January 19, 2010, the IACHR amplified Precautionary Measure PM 196/09 for relatives of Rasel Antonio Tome, in Honduras. Rasel Antonio Tome is a beneficiary of IACHR precautionary measures through the amplification granted on September 23, 2009, when he was in the Embassy of Brazil with President Manuel Zelaya. The request for precautionary measures indicates that Rasel Antonio Tome has received death threats, and posters have appeared on the streets of Tegucigalpa bearing his photograph, along with those of other leaders of the Resistance Front, with captions such as "People of Honduras: These are your enemies. Know them." The request also reports that this same message is contained in a TV announcement that runs on Channel 8. It alleges that the security of Rasel Antonio Tome's nuclear family, which consists of his wife and three minor children, is at risk. The Inter-American Commission requested that the State adopt the necessary measures to guarantee the life and personal integrity of the members of Rasel Antonio Tome's nuclear family; that it reach an agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission about the actions taken to investigate the events that led to the adoption of these measures. The IACHR asked the State to provide information within a period of 20 days and to provide regular updates.