IACHR Press Office
Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 17/2022 on March 18, 2022, to grant precautionary measures in favor of Lázaro Ernesto Rivas Pérez in Nicaragua, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights.
According to the party who requested these precautionary measures, Lázaro Ernesto Rivas Pérez—described as a critic of Nicaragua's current government—has been deprived of liberty at the penitentiary facility in Juigalpa, Chontales, since July 29, 2020, in inadequate conditions of detention. Rivas Pérez is said to be seriously ill and to not be getting the medical attention or medication he needs to address his health issues. He is also reportedly being subjected to ill-treatment, harassment, and hounding by penitentiary officers. The information provided by the State did not prove that risk factors had been mitigated, and it also failed to address the proposed beneficiary's conditions of detention or his health condition.
After assessing the legal and factual allegations made by the parties, the IACHR considered that Lázaro Ernesto Rivas Pérez is at risk, given the current context in Nicaragua. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua to take the following action:
(a) Adopt any measures necessary to protect Lázaro Ernesto Rivas Pérez's rights to life, personal integrity, and health
(b) Adopt any measures necessary to ensure that conditions of detention for Lázaro Ernesto Rivas Pérez reflect the applicable international standards and include the following actions: (i) ensuring that he is not subjected to ill-treatment, harassment, or hounding within penitentiary facilities; (ii) immediately conducting an impartial specialist medical examination of his current health condition; and (iii) ensuring that the proposed beneficiary gets any treatment and medication prescribed to him by the appropriate healthcare experts
(c) Come to an agreement with the proposed beneficiary and his representatives concerning any measures that need to be taken
(d) Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future
The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.