IACHR grants precautionary measures in favor of Antonio Miguel and Lenin Ernesto Rivera Escolar in Colombia

December 11, 2024

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Resolution 95/2024

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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 95/2024 on December 9, 2024, to grant precautionary measures in favor of brothers Antonio Miguel Rivera Escolar and Lenin Ernesto Rivera Escolar in Colombia, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.

The party who requested these precautionary measures noted that the Rivera Escolar brothers are human rights defenders and are seeking justice for the murder of their father, Antonio María Rivera Movilla, at the hands of paramilitaries in 2003. The party who requested these precautionary measures alleged that the beneficiaries had been subjected to extortion and threats by illegal armed groups after resuming productive work on their father's farms. The beneficiaries filed the relevant complaints and requested protection measures, but these were allegedly never implemented.

The State said that an investigation was ongoing concerning the complaint for extortion filed by the Rivera Escolar brothers, that domestic measures had been adopted (including meetings with the brothers), and that the National Police had made recommendations to the beneficiaries to minimize the risks of kidnapping and extortion.

This request for precautionary measures is linked to Case 12,881 (concerning Rivera Movilla's murder), which is currently being assessed by the IACHR.

The IACHR found that the Rivera Escolar brothers are being subjected to extortion and threats. They also continue to seek justice for their father's murder, and the information that has been provided by the State does not lead to the conclusion that these aspects have been considered to assess the risks faced by the beneficiaries. How the measures that have been adopted exactly address the various allegations of extorsion that have been made also remains unclear.

Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Colombia to take the following action:

a. Adopt any measures necessary to protect the rights to life and personal integrity of Antonio Miguel Rivera Escolar and Lenin Ernesto Rivera Escolar

b. Take all action necessary to enable the beneficiaries to continue to do their work in defense of human rights and to search for justice concerning their father's murder

c. Come to an agreement with the beneficiaries and their representatives concerning any measures that need to be taken

d. Report on any actions adopted to investigate the 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.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 315/24

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