IACHR Grants Precautionary Measures in Favor of Government Critics in Nicaragua

December 9, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 68/22 on December 6, 2022, to grant precautionary measures in favor of Cynthia Samantha Jirón Padilla Ubieta and her family, Jeannine Horvilleur Cuadra and Ana Carolina Álvarez Horvilleur and their families, and Harry Bayardo Chávez Cerda in Nicaragua, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.

According to the parties who requested these precautionary measures, beneficiaries are identified as critics of Nicaragua's current government and are currently deprived of liberty with unsuitable conditions of detention. Beneficiaries have not had access to timely and adequate medical care and they have been deprived of contact with their families and legal counsel for certain periods. In keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua for information but did not receive an answer.

The IACHR found that Cynthia Jirón and Harry Chávez have been deprived of liberty since November 2021, in appalling conditions and without access to medical care despite repeated complaints filed to the authorities of competent jurisdiction. The Commission also found that Jeannine Horvilleur and Ana Carolina Álvarez, who have been deprived of liberty since September 2022, were held incommunicado for more than two months and have not received medical care to date. In particular, the Commission noted the specific vulnerability of Jeannine Horvilleur and Harry Chávez, who are older persons with prior health problems.

Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission granted these precautionary measures and asked the State of Nicaragua to take the following action:

1. Adopt any measures necessary to protect the rights to life, humane treatment, and health of Cynthia Samantha Jirón Padilla Ubieta and her family, Jeannine Horvilleur Cuadra and Ana Carolina Álvarez Horvilleur and their families, and Harry Bayardo Chávez Cerda
2. Adopt any measures necessary to ensure that beneficiaries' conditions of detention reflect the applicable international standards and include the following actions: (i) ensuring that they are not subjected to threats, intimidation, harassment, or physical violence within penitentiary facilities; (ii) immediately conducting a specialist medical examination of their current health condition, so they receive adequate specialized care; (iii) providing beneficiaries with the treatment and medication they need to address their health issues; and (iv) considering alternatives to deprivation of liberty, given beneficiaries' conditions of detention and the state of their health
3. Come to an agreement with beneficiaries and their representatives concerning any measures that need to be taken
4. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their 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.

No. 273/22

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