Precautionary Measures

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:

1. 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;
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 similar events from reoccurring.

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Resolution No. 106/21
PM 306-21 - N.V.E., Colombia

On December 24, 2021, the IACHR decided to grant precautionary measures in favor of the adolescent N.V.E., in Colombia, who is intersex and was diagnosed at birth with “classic congenital adrenal hyperplasia,” salt-losing variety, an orphan and incurable disease. The request for precautionary measures alleged delays in the delivery of prescribed medications considered vital and obstacles in scheduling surgeries to modify the adolescent's sexual characteristics. Consequently, the IACHR requested that Colombia:

1. adopt the necessary measures to protect the rights to life, personal integrity, and health of N.V.E. In particular, continue to guarantee that she has access to timely medical and psychological treatment, in accordance with the prescriptions and evaluations of competent physicians and under the applicable international standards, including those concerning intersex persons. These measures must be adopted in accordance with the prior, informed, and free consent of the beneficiary; and
2. consult and agree upon the measures to be adopted with the beneficiary’s representation and the beneficiary, and if applicable, her father, mother, or guardian, considering her age.

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Resolution No. 100/21
PM 705-21, 992-21 - Héctor Luis Valdés Cocho y “X”, Cuba

El 1 de diciembre de 2021, la CIDH otorgó medidas cautelares a favor del periodista Héctor Luis Valdés Cocho y su pareja “X”, defensor de derechos humanos, tras considerar que se encuentran en una situación de gravedad y urgencia de riesgo de daño irreparable a sus derechos en Cuba. Con base en el artículo 25 de su Reglamento, la Comisión solicitó al Estado de Cuba que:

1. adopte las medidas necesarias para proteger los derechos a la vida e integridad personal de los beneficiarios. A tales efectos, el Estado debe tanto asegurar que sus agentes respeten la vida e integridad personal de los propuestos beneficiarios, y se les proteja de actos que sean atribuibles a terceros, de conformidad con los estándares establecidos por el derecho internacional de los derechos humanos;
2. adopte las medidas necesarias para que pueda desarrollar sus actividades como periodista y activista de derechos humanos, según corresponda, sin ser objeto de actos de violencia, intimidación, y hostigamientos en el ejercicio de sus labores. Lo anterior incluye la adopción de medidas para que pueda ejercer su libertad de expresión;
3. concierte las medidas a adoptarse con los beneficiarios y sus representantes; y,
4. informe sobre las acciones adoptadas a fin de investigar los presuntos hechos que dieron lugar a la adopción de la presente medida cautelar y así evitar su repetición.

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Resolution No. 26/21
PM 552-20 - María de los Ángeles Matienzo Puerto and Kirenia Yalit Núñez Pérez, Cuba

On March 14, 2021, the IACHR granted precautionary measures to María de los Ángeles Matienzo Puerto and Kirenia Yalit Núñez Pérez, in Cuba. The request alleged that the couple faced threats, surveillance, intimidation and attacks in the context of their work as human rights defenders and independent journalists. Consequently, the Commission requested that Cuba:

1. adopt the necessary measures to protect the rights to life and personal integrity of María de los Ángeles Matienzo Puerto and Kirenia Yalit Núñez Pérez. To this end, the State must ensure that its agents respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law;
2. adopt the necessary measures to allow the beneficiaries to carry out their activities, whether as independent journalists or human rights defenders, without being subjected to acts of violence, threats, intimidation and harassment in the exercise of their work;
3. agree on the measures to be adopted with the beneficiaries and their representatives; and,
4. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure so as to prevent them from reoccurring.

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Resolution No. 16/21
PM 907-20 - Kevin Adrián Monzón Mora and his nuclear family, Nicaragua

On February 22, 2021, the IACHR granted precautionary measures to Kevin Adrián Monzón Mora and his family in Nicaragua. In the current context of the country, the Commission identified that, after making several posts on "Tik Tok", Kevin Adrián Monzón has been exposed to threats, harassment, intimidation and acts of violence, including while in the custody of the State. Consequently, the Commission requested that the State of Nicaragua:

1. adopt the necessary measures to guarantee the rights to life and personal integrity of Kevin Adrián Monzón Mora and his family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and in relation to acts of risk attributable to third parties. This includes the adoption of measures so that he can freely exercise his freedom of expression without being subjected to threats, intimidation, harassment or aggression;
2. agree on the measures to be adopted with the beneficiary and his representatives; and
3. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure so as to avoid such acts from reoccurring.

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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.

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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.

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Resolution No. 37/16
PM 236-16 - Juana Mora Cedeño et al., Cuba

On July 3, 2016, the IACHR decided to request that precautionary measures be adopted for Juana Mora Cedeño and Mario José Delgado González, in Cuba. The request for precautionary measures alleges that Juana Mora Cedeño and Mario José Delgado González are human rights defenders, specifically defenders of the rights of lesbian, gay, bisexual, trans, intersex, and queer (LGBTIQ) persons. After analyzing the allegations of fact and law, the Commission believes that the information presented demonstrates, prima facie, that Juana Mora Cedeño and Mario José Delgado González are in a serious and urgent situation, as their lives and personal integrity are at risk. Consequently, in accordance with Article 25 of its Rules of Procedure, the Commission asked Cuba to adopt the necessary measures so that Juana Mora Cedeño and Mario José Delgado González can freely carry out their activities as human rights defenders without in the process being subject to acts of violence and harassment that could jeopardize their right to personal integrity. It also asked the State 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.

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Resolution No. 1/14
PM 457-13 - Members of "Asociación para una Vida Mejor de Honduras" [Association for a better life in Honduras] (APUVIMEH), Honduras

On January 22, 2014, the Inter-American granted precautionary measures for the members of "Asociación para una Vida Mejor de Honduras" [Association for a better life in Honduras] (APUVIMEH). The request for precautionary measures indicates that, due to their activities of defense, protest and protection of the rights of lesbian, gay, bisexual, trans and intersex persons (LGBTI) in Honduras, members of the organization would have become the object of killings, threats, harassment and violence against them, in retaliation for their activities. Specifically, the request alleges that members of the association carried out awareness raising and protection activities and ran a shelter house called "Casa Renacer" [House of Rebirth] where they took care of persons living with HIV and other sexually transmitted diseases. Acts of aggression and assault against their members would have taken place in a context of violence against LGBTI persons, which would be the cause of approximately 115 killings in the last years, cases that would have ended in impunity. The IACHR asked that the State of Honduras take the necessary steps to ensure the life and physical integrity of the members of "Asociación para una Vida Mejor de Honduras" [Association for a better life in Honduras] (APUVIMEH), that it come to an agreement with the beneficiaries as to the measures to be taken, and that it inform the Commission about the steps taken to investigate the facts that gave rise to the adoption of precautionary measures.

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PM 155-13 - Caleb Orozco, Belize

On May 29, 2013, the IACHR granted precautionary measures for Caleb Orozco, in Belize. The request for precautionary measures indicates that Caleb Orozco is in a state of risk as a result of his work defending the rights of lesbian, gay, bisexual, trans, and intersex persons in Belize. Specifically, the petition alleges that Caleb Orozco has been subject to harassment and attacks at his home and on the streets, and he has received death threats via social media. It further alleges that even though he has filed complaints with the police, the authorities are not providing measures to protect his life and safety. The IACHR asked that the State of Belize take the necessary steps to ensure the life and physical integrity of Caleb Orozco, that it come to an agreement with the beneficiary as to the measures to be taken, and that it inform the Commission about the steps taken to investigate the facts that gave rise to the adoption of precautionary measures.

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PM 153-11 - X and Z, Jamaica

On September 21, 2011, the IACHR granted precautionary measures to X and Z, in Jamaica. Their identities are being kept confidential at the request of the beneficiaries and/or their representatives. The request for precautionary measure states that both have suffered aggression, attacks, threats, and harassment on account of their sexual orientation. The Inter-American Commission asked the State of Jamaica to adopt the measures necessary to ensure their lives and persons, to agree on the steps to be taken with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of the precautionary measures.

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PM 80-11 - Maurice Tomlinson, Jamaica

On March 21, 2011, the IACHR granted precautionary measures for Maurice Tomlinson, in Jamaica. The request for precautionary measures alleges that Maurice Tomlinson is facing a situation of risk due to his work as a defender of the rights of lesbian, gay, bisexual, trans, and intersex (LGBTI) persons in Jamaica. It indicates that he has been receiving death threats via e-mail, and that the State authorities have not adopted protection measures. The Inter-American Commission asked the State of Jamaica to adopt, in agreement with the beneficiary, the necessary measures to guarantee his life and physical integrity, and to inform the IACHR on the steps taken to investigate the facts that led to the adoption of these precautionary measures.

Lift

PM 222-09 - Agustín Humberto Estrada Negrete, Leticia Estrada Negrete, and Guadalupe Negrete Silva, Mexico

On April 7, 2010, the IACHR granted precautionary measures for Agustín Humberto Estrada Negrete, Leticia Estrada Negrete, and Guadalupe Negrete Silva, in Mexico. The request for precautionary measures alleges that Mr. Estrada Negrete, a member of the nongovernmental organization Agenda Lesbianas Gays Bisexuales Transexuales [Lesbian, Gay, Bisexual, and Transsexual Agenda] had been subject to death threats, acts of physical violence, and harassment since February 2009. It adds that these acts had been reported to the appropriate authorities, but that the necessary protection measures had not been adopted. It indicates that Mr. Estrada Negrete, his mother, and his sister had received new threats in January and February of 2010. The Inter-American Commission asked the State of Mexico to adopt the necessary measures to guarantee the life and physical integrity of Agustín Humberto Estrada Negrete, Leticia Estrada Negrete, and Guadalupe Negrete Silva; to plan and implement the protection measures with the participation of the beneficiaries and/or their representatives; and to inform the Commission about the measures adopted to respond to the factors that place the beneficiaries at risk.

PM 18-10 - Indyra Mendoza Aguilar et al., Honduras

On January 29, 2010, the IACHR granted precautionary measures for Indyra Mendoza Aguilar, Nohelia Flores Álvarez, Fátima Maritza Ulloa Becerra, and Ana Lourdes Ordóñez, in Honduras. Indyra Mendoza Aguilar is the director of Cattrachas, a nongovernmental organization that works for the rights of the lesbian, gay, bisexual, transgender, and intersex (LBGTI) community. The request for precautionary measures alleges that on December 17, 2008, in Tegucigalpa, Nohelia Flores Álvarez, who belongs to Cattrachas, was forced to get into a vehicle of a member of the Preventive Police, who demanded sexual services at gunpoint. The request indicates that Nohelia Flores Álvarez refused, and the police officer threatened her life. It goes on to say that the next day, the policeman returned with two other men in a pickup truck and the three of them stabbed her a total of 17 times, in her throat, back, stomach, and arms. After she passed out, the men abandoned her in some bushes. In the hospital, Indyra Mendoza took photos that could serve as evidence in a trial and accompanied him in the process of filing the complaint, which is being investigated by Fátima Maritza Ulloa Becerra and Ana Lourdes Ordóñez, agents of the National Office of Criminal Investigation in Tegucigalpa. The request for precautionary measures alleges that the four beneficiaries are the object of threats and acts of harassment that place their lives and personal integrity at risk. The Commission requested that the State of Honduras adopt the necessary measures to guarantee the life and personal integrity of Indyra Mendoza Aguilar, Nohelia Flores Álvarez, Fátima Maritza Ulloa Becerra, and Ana Lourdes Ordóñez; that it come to an agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission about the actions taken with respect to the events that led to the adoption of the precautionary measures, so as to remove the factors placing the beneficiaries at risk.