IACHR

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IACHR issues precautionary measures in favour of Franco Peñaloza Hernández, Yazmín Yareli Sánchez, José Ángel Peñaloza Hernández and Paulina Lemus Hernández, disappeared in Mexico

October 13, 2020

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Washington, D.C. - On October 9, 2020, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 66/2020, in which it granted precautionary measures in favour of Franco Peñaloza Hernández, Yazmín Yareli Sánchez, José Ángel Peñaloza Hernández and Paulina Lemus Hernández, after considering that they find themselves in a situation of serious and urgent risk of irreparable damage to their rights in Mexico.

According to the request, the beneficiaries have been missing since they were put into a police vehicle during a roadblock in the town of Copetiro, Michoacán on September 2, 2020. A few days later, they were allegedly seen in the town of Los Reyes, Michoacán and since then, their whereabouts or location is unknown.

The Commission requested information from the State and received observations about various actions adopted by its institutions to search for the beneficiaries, investigate the facts and protect their family members. Without prejudice to these actions, the IACHR observed that, more than a month after the disappearance of Franco Peñaloza Hernández, Yazmín Yareli Sánchez, José Ángel Peñaloza Hernández and Paulina Lemus Hernández, there is no concrete information regarding their whereabouts or fate, and therefore, the existence of a situation of serious risk to their rights to life and personal integrity has been sufficiently established.

Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Mexico: a) implement the necessary measures to determine the whereabouts or fate of Franco Peñaloza Hernández, Yazmín Yareli Sánchez, José Ángel Peñaloza Hernández and Paulina Lemus Hernández, in order to protect their rights to life and personal integrity. In this sense, the Commission urges the State to guarantee effective search measures through its specialized mechanisms created for this purpose; b) agree upon the measures to be adopted with the representative of the beneficiaries; and, c) report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution with the aim of avoiding their repetition.

The granting of this precautionary measure and its adoption by the State does not constitute the prejudgment of any petition that may eventually be presented before the inter-American system alleging violations of the rights protected in the American Convention 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.

No. 252/20