The mechanism for precautionary measures is established in Article 25 of the Rules of Procedure of the IACHR. The Rules of Procedure establish that, in serious and urgent situations, the Commission may, on its own initiative or at the request of a party, request that a State adopt precautionary measures to prevent irreparable harm to persons or to the subject matter of the proceedings in connection with a pending petition or case, as well as to persons under the jurisdiction of the State concerned, independently of any pending petition or case. The measures may be of a collective nature to prevent irreparable harm to persons due to their association with an organization, a group, or a community with identified or identifiable members. As a result, the number of precautionary measures granted does not reflect the number of persons protected by their adoption; as can be seen below, many of the precautionary measures issued by the IACHR protect more than one person and, in certain cases, groups of persons such as communities or indigenous peoples. Moreover, the Rules of Procedure establish that the granting of such measures and their adoption by the State shall not constitute a prejudgment on the violation of the rights protected by the American Convention on Human Rights or other applicable instruments.
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.
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.
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 his 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 him a total of 17 times, in his throat, back, stomach, and arms. After he passed out, the men abandoned him 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.
PM 196-09 Amplification of Precautionary Measures, Honduras
On July 24, 2009, the IACHR requested information based on article 41 of the American Convention on Human Rights regarding the death of Vicky Hernández Castillo (Jhonny Emilson Hernández), member of the transvestite community. Ms. Castillo Hernandez’s body had signs of strangulation and a bullet wound to the head, presumably sustained during raids conducted by the National Police on June 29, 2009, as part of the curfew declared by the de facto regime.
PM 196-09 Amplification of Precautionary Measures, Honduras
On July 2, 2009, the IACHR decided a new amplification of precautionary measures PM 196-09 in order to safeguard the life and personal integrity of persons in Honduras who, according to the information received, are at risk. The IACHR requested that necessary measures be adopted to assure the life and personal integrity of all of the beneficiaries. In respect to those who have been arbitrarily detained and/or whose whereabouts remain unknown, the Commission requested to be informed of their whereabouts immediately. In the case of those arbitrarily detained, the Commission requested that these individuals be freed immediately. The IACHR set a deadline of 48 hours to receive information about the implementation of these required measures. Through this amplification, the following persons are now included in precautionary measures 196-09:
12. Donny Reyes, director of the LGTB Rainbow Association of Honduras; According to information received by the Commission, he was taken to a political station on June 29, 2009. Since May 2012, this precautionary measure has been assigned the number 403-09.
23. Hector Licona, employee of the LGTB Rainbow Association of Honduras; According to information received by the Commission, he was taken to a political station on June 29, 2009.
39. Patrick Pavón; employee of the LGTB Rainbow Association of Honduras; According to information received by the Commission he was attacked by members of the National Police and armed forces. Since May 2012, this precautionary measure has been assigned the number 403-09.
PM 210/08 Marlon Cardoza and other members of the CEPRES Association
On August 27, 2008, the IACHR granted a request for precautionary measures for Marlon Cardoza, Dennis Castillo and Josué Hernández Cardona, members of the Asociación Centro de Educación y Prevención en Salud, Sexualidad y Sida (CEPRES) [Center for Education in Health, Sexuality and AIDS Prevention Association]. The request for precautionary measures alleged that Messrs. Cardoza, Castillo and Hernández Cardona were the targets of threats and harassment. It also alleged that on June 10, 2008, Martín Girón, a founding member of the organization, was murdered. It also asserted that during that year, 27 persons from Honduras’ lesbian, gay, bisexual and transgender community had been murdered. The Commission asked the Honduran state to guarantee the life and physical integrity of the beneficiaries and to report the measures taken to conduct a judicial inquiry into the events that warrant enforcement of precautionary measures. The Commission continues to monitor the situation.
PM 3-06 - Kevin Josué Alegría Robles and members of OASIS, Guatemala
On February 3, 2006, the IACHR granted precautionary measures in favor of Kevin Josué Alegría Robles, Jorge Luis López Sologaistoa and another 11 members of OASIS (the Organization to Support Integrated Sexuality) in Guatemala. The information available states that on the night of December 16, 2005, in Guatemala, two trans-sexual persons called Paulina (Juan Pablo Méndez Cartagena), a communications assistant at OASIS, and Sulma (Kevin Josué Alegría Robles), a client of OASIS, were shot and injured in an incident allegedly involving four uniformed policemen. It is stated that Paulina’s injury proved fatal and that Sulma, who survived the incident, is a key witness in the investigation of the affair. Other sources confirm that the lesbian, gay, bisexual, and cross-gender community in Guatemala face attacks and threats that often involve the police, which creates the fear of an existing clandestine policy of “social cleansing”. In view of these antecedents, the Commission requested that the Government of Guatemala adopt the measures necessary to protect the life and physical integrity of the beneficiaries and report on action taken to investigate judicially the events that gave rise to the precautionary measures. The Commission is monitoring the beneficiaries’ situation.
PM 621-03 - Elkyn Johalby Suárez Mejía and Members of the Comunidad Gay Sampedrana, Honduras
On September 4, 2003, the Commission granted precautionary measures on behalf of Elkyn Johalby Suárez Mejía, a member of the organization Comunidad Gay Sampedrana (Gay Community of San Pedro). The information available indicates that members of this gay community have been subject to constant harassment and violence, including approximately 14 murders from June to September 2003. In that context, he has received death threats aimed at dissuading him from giving testimony against two members of the police involved in the death of Erick David Yáñez, another member of the community, 19 years of age, on July 15, 2003 in San Pedro Sula. While he was assigned official protection at the request of the Office of the Attorney General, on August 23, 2003, the court of San Pedro Sula lifted the protective measures. In view of the risk to which the beneficiary is exposed, the IACHR asked the Honduran State to adopt the measures needed to protect the life and personal integrity of Elkyn Suárez and to include him in a witness protection program. On December 29, 2003, in view of additional information on the security situation of other members of the community, the IACHR expanded the precautionary measures to include Raúl Coto, Oscar Carrión, Ramón Valladares, and Oscar Orellana.