Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) issued Resolution 69/2019 on December 31, 2019, to grant precautionary measures in favor of Jorge David Glas Espinel in Ecuador, in the belief that he faces a serious, urgent risk of suffering irreparable damage to his rights.
When making this decision, the Commission considered that the proposed beneficiary is allegedly being deprived of liberty at the Social Rehabilitation Center in Cotopaxi (Latacunga Prison) and is allegedly being subjected to intimidation, harassment, and threats inside the facility. The proposed beneficiary is allegedly also in poor health due to various chronic conditions, and his life, personal integrity, and health are allegedly at risk. The Commission valued the measures adopted by the State. However, it could not find enough evidence to assess whether those measures were appropriate and effective, since Mr. Glas alleged that he continued to be subjected to threats and harassment, particularly at the hands of other inmates. No details were provided about action taken by the authorities to investigate these allegations.
After assessing the legal and factual allegations made by both parties, the Commission considered that—based on the standards that are applicable prima facie—Jorge David Glas Espinel faces a situation of grave and urgent risk, since his rights to life and personal integrity risk suffering irreparable damage. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Ecuador to: a) take any measures necessary to protect the rights to life and personal integrity of Jorge David Glas Espinel, particularly those measures that are best suited to his personal circumstances and make it possible to create conditions to protect and respect his rights; b) come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken; and c) 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.
The fact that this precautionary measure has been granted and its 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.
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