Precautionary Measures

Resolution No. 64/24
PM 941-24 - Nelida del Rosario Sánchez Oropeza, Venezuela

On September 6, 2024, the IACHR granted precautionary measures in favor of Nelida del Rosario Sánchez Oropeza, considering that she is in a serious and urgent situation presenting a risk of irreparable harm to her rights in Venezuela. According to the request, the beneficiary is the national training coordinator of the non-governmental organization Súmate, in Venezuela, and was detained on August 26, 2024 by agents of the Bolivarian National Intelligence Service (SEBIN). On August 28, 2024, she was transferred to an unknown location. It was added that she was suffering from illnesses that would require special care and that, at the moment, there is no news of her state of health and whether she was receiving adequate medical attention. Family members undertook a search effort, going to the SEBIN headquarters in Helicoide, Caracas, to seek news of the whereabouts of the proposed beneficiary. Despite their efforts, the officials did not provide any information. In addition, an attempt was made to file a complaint of forced disappearance, which was not received by the competent authority. Given the lack of response from the State, the Commission has no elements to evaluate the actions that would have been initiated on her behalf.

Consequently, in accordance with Article 25 of the Regulations, Venezuela was requested to:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Nelida del Rosario Sánchez Oropeza. In particular, inform whether the beneficiary is in the custody of the State and her current circumstances, or provide information on the measures aimed at determining her whereabouts or fate. The Commission deems it necessary for the State to specify whether the beneficiary was brought before a court of competent jurisdiction to review her detention if she had been charged with a crime. Otherwise, provide a detailed explanation for the reasons why the beneficiary has not yet been released. In any case, the State is requested to specify whether the beneficiary has undergone a medical evaluation and to provide the corresponding documentation;
  2. implement the necessary measures to ensure that the beneficiary can carry out her human rights defense activities without being subjected to threats, harassment, or acts of violence; 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. 63/24
PM 931-24 - Biagio Pilieri Gianninoto and Jesús Alfredo Pilieri Vasile, Venezuela

On September 6, 2024, the Inter-American Commission on Human Rights adopted Resolution 63/2024, by which it granted precautionary measures in favor of Biagio Pilieri Gianninoto and Jesús Alfredo Pilieri Vasile after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Venezuela.

After analyzing the submissions of fact and law furnished by the applicants, the Commission observed that in the post-electoral context of Venezuela, and taking into account the applicable prima facie standard, it is proven that the rights to life and personal integrity of the beneficiaries are at serious risk, especially after their detention on August 28, 2024, by SEBIN and since the official whereabouts of Biagio Pilieri are currently unknown. Consequently, based on Article 25 of its Rules of Procedure, the Commission requests that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of the beneficiaries. In particular, among others, inform whether Biagio Pilieri Gianninoto is in State custody at the SEBIN headquarters and the circumstances of his detention; specify whether the beneficiary was brought before a competent court to review his detention after having been charged with crimes; or, otherwise, specify the reasons why he has not been released to date; specify whether the beneficiary has undergone a medical evaluation and submit the corresponding documentary support; and guarantee the beneficiary’s contact with his family and trusted attorneys, and provide them with the minimum official information on his legal situation;
  2. implement the necessary measures to ensure that Biagio Pilieri Gianninoto and Jesús Alfredo Pilieri can carry out their activities as members of an opposition party without facing threats, harassment, or acts of violence; 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. 62/24
PM 937-24 - Eleanger David Navas Vidal , Venezuela

On September 2, 2024, the IACHR adopted precautionary measures in favor of Eleanger David Navas Vidal. It was indicated that the beneficiary is a community manager of the newspaper Oriental. On August 3, 2024, the beneficiary was deprived of his liberty by members of the Bolivarian National Police (PNB). The family members were informed that Eleanger David was transferred to Yare prison on August 26, 2024. However, at that place, they were informed that the beneficiary was not detained. To date, the beneficiary’s whereabouts are unknown.

At the time of analyzing the request, the Commission highlighted, in addition to the current context in Venezuela, that the detention and subsequent lack of information about the beneficiary’s fate would be closely linked to his role as community manager of the Instagram account of a newspaper whose editorial line is not aligned with the current government. The Commission identified that, since August 26, 2024, his whereabouts are unknown. In addition, his relatives have not been able to obtain official information about his current whereabouts despite the search actions carried out. They have no contact with the beneficiary and have not received any information about any action taken by the assigned public defender.

After analyzing the submissions of fact and law furnished by the applicants, the Commission considered that the beneficiary is in a serious and urgent situation, given that to date his whereabouts are unknown. Consequently, based on Article 25 of its Rules of Procedure, the Commission requests that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Eleanger David Navas Vidal. In particular, among others, indicate the detention center where the proposed beneficiary is currently held and clarify his legal situation; allow access and contact with his relatives and trusted attorneys; specify the actions the public defender has taken in favor of the proposed beneficiary; detail whether his current situation has been subject to judicial review; report on the detention conditions in which he is held; and evaluate the granting of alternative measures to the deprivation of liberty, considering the exceptional nature of pretrial detention; and
  2. 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. 61/24
PM 928-24 - Perkins Rocha Contreras , Venezuela

On September 2, 2024, the Inter-American Commission on Human Rights adopted Resolution 61/2024, by which it granted precautionary measures for the benefit of Perkins Rocha Contreras after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Venezuela.

The applicants indicated that Perkins Rocha Contreras is the Legal Coordinator of the Vente Venezuela party and representative of the Comando Venezuela before the National Electoral Council. He is a lawyer and personal advisor to María Corina Machado, National Coordinator of the Vente Venezuela party. Perkins Rocha was detained on August 27, 2024, by hooded and armed officers, who, after a strong struggle, allegedly took him away without an arrest warrant. Since then, his official whereabouts are unknown. According to public information, the wife of the proposed beneficiary received a message that Mr. Rocha is at the headquarters of the Bolivarian National Intelligence Service (SEBIN), a place where they had previously denied his presence. The family is aware that the proposed beneficiary is charged with various crimes, such as terrorism and treason. However, neither the family nor his trusted lawyer have been able to see him or confirm his legal situation.

After analyzing the submissions of fact and law furnished by the applicants, the Commission considered that the proposed beneficiary is in a serious and urgent situation, given that to date his whereabouts are unknown. Consequently, based on Article 25 of its Rules of Procedure, the Commission requests that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Perkins Rocha Contreras. In particular, among others, inform whether the beneficiary is in State custody at the SEBIN headquarters and the circumstances of his detention; specify whether the beneficiary was brought before a competent court to review his detention after having been charged with crimes; or, otherwise, specify the reasons why he has not been released to date; and guarantee the beneficiary’s contact with his family and trusted attorneys, and provide them with the minimum official information on his legal situation;
  2. implement the necessary measures to ensure that the beneficiary can carry out his activities as a member of an opposition party without facing threats, harassment, or acts of violence;
  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. 58/24
PM 907-24 - Ana Carolina Guaita Barreto, Venezuela

On August 27, 2024, the IACHR granted precautionary measures in favor of the journalist Ana Carolina Guaita Barreto, upon considering that she is at serious and urgent risk of irreparable harm to her rights in Venezuela. According to the request, the proposed beneficiary was arbitrarily arrested on August 20, 2024 and taken to the headquarters of the Directorate of Citizen Security at the Governor’s Office of La Guaira (Dirección de Seguridad Ciudadana de la Gobernación de la Guaira). On August 22, members of the Bolivarian National Intelligence Service allegedly transported her to an unknown location. The applicants characterized the situation as a “forced disappearance.” It was added that the beneficiary’s parents are in hiding due to political persecution. For this reason, according to the available information, third parties have made search efforts by visiting the Directorate of Citizen Security at the Governor’s Office of La Guaira to inquire about the proposed beneficiary’s whereabouts. However, they were unable to obtain any information. At the judicial level, an attempt was made to file a writ of habeas corpus, which was reportedly not accepted by the relevant judicial authority. Given the lack of response from the State, the Commission has no elements to assess the actions that may have been initiated in her favor.

The IACHR considered the seriousness of the situation that the proposed beneficiary faces, which is exacerbated by the context in which she is immersed, as well as her complete lack of protection in light of the events she may currently be experiencing, given that her whereabouts are unknown. Consequently, under the terms of Article 25 of its Rules of Procedure, it requested that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Ana Carolina Guaita Barreto. In particular, inform whether the beneficiary is in the custody of the State and her current circumstances, or provide information on the measures aimed at determining her whereabouts or fate. The Commission considers it necessary for the State to specify whether the beneficiary was brought before a court of competent jurisdiction to review her detention if she had been charged with a crime. Otherwise, provide a detailed explanation for the reasons why the individual has not yet been released;
  2. implement the necessary measures to ensure that the beneficiary can carry out her journalistic activities without facing threats, harassment, or acts of violence; 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. 55/24
PM 899-24 - Freddy Francisco Superlano Salinas, Venezuela

El 26 de agosto de 2024 la CIDH otorgó medidas cautelares a Freddy Francisco Superlano Salinas. Se alegò que Freddy Francisco Superlano Salinas es dirigente político y se desempeña como coordinador nacional del partido Voluntad Popular. El 30 de julio de 2024 en la ciudad de Caracas, el beneficiario fue privado arbitrariamente de su libertad por presuntos agentes del Estado adscritos al Servicio Bolivariano de Inteligencia Nacional (SEBIN). Advirtieron que desde el momento en la que se ejecutó la detención, hasta la actualidad no se conoce el paradero del beneficiario. Tras analizar la información disponible, la CIDH de conformidad con el artículo 25 de su Reglamento, solicitó al Estado de Venezuela que:

  1. adopte las medidas necesarias para proteger los derechos a la vida e integridad personal de Freddy Francisco Superlano Salinas. En particular, informe si la persona beneficiaria se encuentra bajo custodia del Estado y las circunstancias de su detención, o bien, de las medidas tomadas a fin de determinar su paradero o destino. La Comisión considera necesario que el Estado precise si la persona beneficiaria fue presentada a un tribunal competente para revisar su detención de habérsele imputado delitos. De lo contrario, precisar las razones por las que no ha sido puesta en libertad a la fecha;

  2. implemente las medidas necesarias para que la persona beneficiaria pueda desarrollar sus actividades como integrante de un partido de oposición sin ser objeto de amenazas, hostigamientos o actos de violencia; y

  3. informe sobre las acciones adoptadas a fin de investigar los presuntos hechos que dieron lugar a la presente medida cautelar y así evitar su repetición.

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Resolution No. 54/24
PM 900-24 - Carmen Leonor García Azuaje, Venezuela

On August 23, 2024, the IACHR granted precautionary measures to Carmen Leonor García Azuaje. It was informed that Carmen Leonor García Azuaje is secretary of the opposition party “Alianza Bravo Pueblo”. On August 17, 2024 the beneficiary was apprehended in the center of the city of Puerto Ayacucho in Amazonas state by officers of the Strategic Intelligence Division of the Bolivarian National Police. From the moment of her arrest, the whereabouts of the beneficiary is unknown. Therefore, it was alleged that the situation of the beneficiary is one of “forced disappearance”.

The Commission, at the time of evaluating the decision, considered the circumstances that preceded the detention of the beneficiary to be of special importance, in addition to the contextual monitoring of the country carried out by the IACHR. Likewise, the Commission expressed its special concern for the fact that since the moment she was detained by agents of the Bolivarian National Police, her whereabouts are unknown. The Commission highlighted that the beneficiary, in addition to being the secretary of the opposition party “Alianza Bravo Pueblo” in the state of Amazonas, has also been the target of threats and harassment due to her participation as an electoral witness in the July 2024 presidential elections in Venezuela. The Commission considered that the beneficiary is in a total lack of protection against the situations she could be facing at present after her whereabouts are unknown. After analyzing the available information, the IACHR, in accordance with Article 25 of its Rules of Procedure, requested that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Carmen Leonor García Azuaje. In particular, inform whether the beneficiary is in the custody of the State and the circumstances of her detention, or the measures taken to determine her whereabouts or fate. The Commission considers it necessary for the State to specify whether the beneficiary was brought before a court of competent jurisdiction to review her detention if she has been charged with a crime. If not, specify the reasons why she has not been released to date;
  2. implement the necessary measures so that the beneficiary can carry out her activities as a member of an opposition party without being subjected to threats, harassment or acts of violence; and
  3. 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. 50/24
PM 883-24 - Roland Oswaldo Carreño Gutiérrez, Venezuela

On August 17, 2024, the IACHR granted precautionary measures to Roland Oswaldo Carreño Gutiérrez, journalist, political activist, and national leader of the opposition party Voluntad Popular. On August 2, 2024, in Caracas, he was reportedly deprived of his liberty by agents of the Bolivarian National Intelligence Service (SEBIN). To date, his whereabouts are unknown and it is estimated that he has been “forcibly disappeared.”

When evaluating the decision, the Commission observed, in addition to the contextual monitoring of Venezuela, the follow-up carried out by the Special Rapporteurship for Freedom of Expression of the IACHR on the situation of the beneficiary after his detention in 2020. The Commission highlighted the context of systematic persecution against the opposition in Venezuela and considered the information indicating that he was allegedly detained by State agents to be of particular concern. It also highlighted the impossibility of activating internal institutions to request protection. The Commission considered that the beneficiary faces a situation of extreme vulnerability as his current location and whereabouts are unknown. The Commission expressed its concern given that the beneficiary’s situation could have a chilling effect on other journalists being able to express themselves freely in the current post-electoral context of the country. After analyzing the available information, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Roland Oswaldo Carreño Gutiérrez. In particular, inform whether the beneficiary is in the custody of the State and his current circumstances, or provide information on the measures aimed at determining his whereabouts or fate, and
  2. report on the actions taken in order 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. 46/24
PM 862-24 - María Andreina Oropeza Camacho, Venezuela

On August 10, 2024, the IACHR granted precautionary measures in favor of María Andreina Oropeza Camacho, after considering that she is in a serious and urgent situation presenting a risk of irreparable harm to her rights in Venezuela. The requesting party alleged that María Andreina Oropeza Camacho, state coordinator of the campaign command of presidential candidate Edmundo González, has been in a situation of “forced disappearance” since August 6, 2024, after having suffered an allegedly arbitrary search of her residence by agents of the General Directorate of Military Counterintelligence (DGCIM). It was reported that she managed to record and broadcast live, from her social networks, when the State agents raided her residence. Later, her phone was confiscated. They add that her mother has been looking for her in all the detention centers in Guanare and Acarigua, without receiving news of her whereabouts and state of health. The IACHR took into account that the beneficiary was deprived of her liberty by State agents and her whereabouts are unknown to date, in the context of repression during the post-election protests in the country. In accordance with Article 25 of the Rules of Procedure, it requested that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of María Andreina Oropeza Camacho. In particular, inform whether the beneficiary is in the custody of the State and her current circumstances, or provide information on the measures aimed at determining her whereabouts or fate, and
  2. report on the actions taken in order 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. 31/24
PM 288-24 - Joel Antonio García Hernández, Venezuela

On May 13, 2024, the IACHR granted precautionary measures in favor of Joel Antonio García Hernández, lawyer and human rights defender, who has been suffering threats and aggression related to his work in defense of people considered “political prisoners” in Venezuela. Despite having filed complaints and requests for protection to the internal authorities, no protection measures have been implemented by State bodies to prevent further attacks, and no progress has been made in the investigations. For its part, the State, although informed, has not submitted a response. The Commission, after evaluating the allegations, as well as the context of hostility in the country against legal defenders and the lack of response from the State, understands, prima facie, that the requirements of seriousness, urgency, and irreparable harm are present.

In accordance with Article 25 of the Rules of Procedure, the Commission requests that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Joel Antonio García Hernández, in accordance with the applicable international standards and obligations, including acts of risk attributable to third parties;
  2. implement the necessary measures so that the beneficiary can carry out his work as a defense lawyer without being subjected to acts of intimidation, threats, or other acts of violence in the exercise thereof;
  3. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
  4. report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.

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Resolution No. 26/24( EXTENSION AND FOLLOW-UP )
PM 438-15 - Members of the Venezuelan Program of Education-Action on Human Rights (PROVEA) , Venezuela

On April 29, 2024, the IACHR decided to follow up and extend precautionary measures in favor of members of the Venezuelan Program of Education-Action on Human Rights in Venezuela. According to the request, the members of PROVEA are at risk in the context of their work as human rights defenders in the current situation of Venezuela, considering the visibility of the institution and its coordinators, the frequent stigmatizing remarks made by high-ranking State authorities in the media, and the surveillance and monitoring by State agents. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to require that Venezuela:

  1. adopt the necessary measures to guarantee the life and personal integrity of the persons identified as members of the PROVEA team;
  2. adopt the necessary measures so that the beneficiaries can carry out their activities as human rights defenders without being subjected to acts of violence, threats, and harassment;
  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 facts that led to these precautionary measures, so as to prevent them from reoccurring.

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