2021
Résolution No. 47/21
MC 366-21 - Kalua Salazar and her family, Nicaragua
On June 10, 2021, the IACHR granted precautionary measures in favour of Kalua Salazar and her family. According to the request, the beneficiary –press director for the independent media outlet La Costeñísima–, finds herself at risk because she is being the victim of threats, harassment and surveillance by State authorities and private individuals due to her work as a journalist. Upon analyzing the submissions of fact and law submitted by the parties, the Commission considers that the information presented shows, prima facie, that Ms. Salazar is in a serious and urgent situation, since her rights to life and personal integrity are at risk of irreparable harm. Consequently, the IACHR requests that Nicaragua:
- adopt the necessary measures to protect the rights to life and personal integrity of Kalua Salazar and her nuclear family. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law;
- adopt the necessary measures so that Kalua Salazar can carry out her activities as an independent journalist without being subjected to acts of violence, intimidation, and harassment in the performance of her work. The latter should include measures that will allow her to properly exercise her right to freedom of expression;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- 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.
2020
Résolution No. 11/20( EXTENSION )
MC 399-19 - Carlos Edy Monterrey, Nicaragua
On February 5, 2020, the IACHR decided to extend precautionary measures in favor of Carlos Edy Monterrey in Nicaragua. The request alleged that the beneficiary was at risk due to his journalistic activities in an independent media outlet in the Caribbean coast of Nicaragua. Having analyzed the arguments made, the Commission considered that the information provided demonstrated prima facie that the beneficiary is in a serious and urgent situation, since his rights to life and personal integrity are at serious risk. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Nicaragua:
- adopt the necessary measures to guarantee the life and personal integrity of Carlos Edy Monterrey. To this effect, the State must both ensure that its actors respect the life and personal integrity of the beneficiaries in accordance with the standards established by international human rights law, and protect their rights in relation to acts of risk attributable to third parties;
- adopt the necessary measures to ensure that Carlos Edy Monterrey can carry out his tasks as a journalist without being subject to acts of harassment, threats, stigmatization by high authorities, or other violent acts in the exercise of his duties;
- consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
- 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 their reoccurrence.
Résolution No. 10/20( EXTENSION )
MC 1606-18 - María Waleska Almendares Cruz et al., Nicaragua
On February 5, 2020, the IACHR decided to extend precautionary measures in favor of María Waleska Almendares Cruz et al., in Nicaragua. The request claimed that the persons were at risk given that they work, and carry out journalistic activities, in an independent media outlet in Nicaragua, having been subject to harassment, intimidation, and acts of violence. Upon analyzing the arguments offered by the parties, the Commission considered that the information provided showed prima facie that the beneficiaries are in a serious and urgent situation, given that their rights to life and personal integrity are at serious risk. Consequently, in accordance with Article 25 of the Rules or Procedure, the Commission requested that Nicaragua: a) adopt the necessary measures to protect the life and personal integrity of the beneficiaries identified in this resolution. For this purpose, the State must both ensure that its actors respect the life and personal integrity of the beneficiaries in accordance with the standards established by international human rights law, and protect their rights in relation to acts of risk attributable to third parties; b) adopt the necessary measures so that the beneficiaries can carry out their journalistic work without being subjected to acts of intimidation, threats or other acts of violence in the exercise thereof. The above includes the adoption of measures to protect the right to freedom of expression of the members of the identified media outlet; c) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and d) report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring. Read the resolution. (Also available in Word.)
2018
Résolution No. 91/18
MC 1606-18 - Carlos Fernando Chamorro Barrios and others, Nicaragua
On December 21, 2018, the IACHR decided to grant precautionary measures in favor of Carlos Fernando Chamorro Barrios, Desiree Elizondo, Wilfredo Miranda Aburto, Néstor Arce, Manyor Salazar, Enrique Gasteazoro, Pedro Molina, Arlen Cerda, Juan Carlos Ampié, Elmer Rivas, Franklin Villavicencio, Ricardo Salgado, Leonel Gutiérrez, Carlos Herrera and Yader Luna, as well as their families, in Nicaragua. The request for precautionary measures alleges that the proposed beneficiaries all work for the Confidencial news outlet and are being subjected to threats, persecution, intimidation and harassment in the context of their work, especially in the wake of the protests that started on April 18, 2018 in Nicaragua. After assessing the available information, the context and subsequent validations, the Commission considers that the information that has been submitted shows, in principle, that the rights to life and personal integrity of Carlos Fernando Chamorro Barrios and other identified workers of the Confidencial news outlet face a situation of grave and urgent risk. Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asked the Nicaraguan State to adopt any measures necessary to protect the lives and personal integrity of beneficiaries, the workers of the Confidencial news outlet identified in this resolution. To that end, the State needs both to ensure that its officers will respect beneficiaries’ lives and personal integrity, in compliance with the standards of international human rights law, and to protect those persons’ rights from dangerous acts that may be perpetrated by third parties. The IACHR further asked Nicaragua to take any measures necessary for beneficiaries to be able to do their journalistic work without being subjected to intimidation, threats or any other acts of violence for doing such work. That includes taking measures to protect the right to freedom of expression of Confidencial workers, for example, by not obstructing their access to the tools they need to practice journalism nor depriving them of such tools. Finally, the IACHR asked the Nicaraguan State to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken and to report on any actions adopted to investigate the alleged events that gave rise to the adoption of this precautionary measure, in order to prevent such events from happening again in the future.
Résolution No. 47/18
MC 693-18 - Anibal Toruño Jirón and other members of the news outlet Radio Darío, Nicaragua
On July 2, 2018, the IACHR moved to request the adoption of precautionary measures in favor of people associated with the news outlet Radio Darío in Nicaragua. The request for precautionary measures alleges that people associated with Radio Darío are being subjected to threats, harassment and other acts of violence in the context of the events that have taken place in the country since April 18, 2018. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that beneficiaries face a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Nicaragua to take any measures necessary to preserve the lives and personal integrity of people associated with Radio Darío, both ensuring that its officers will respect beneficiaries’ rights to life and personal integrity in compliance with the standards of international human rights law, and protecting those persons’ rights from dangerous acts that may be perpetrated by third parties; to adopt any measures necessary for the proposed beneficiaries to be able to perform their tasks as journalists without being subjected to intimidation, threats and other acts of violence for doing such tasks, including any measures necessary to protect radio facilities; to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken; and to report on any actions adopted to investigate the alleged events that gave rise to the adoption of this precautionary measure.