Mesures Conservatoires
Résolution No. 27/22
MC 266-22 - José Alejandro Quintanilla Hernández and his nuclear family , Nicaragua
On June 22, 2022, the IACHR granted precautionary measures to José Alejandro Quintanilla Hernández and his family, after considering that they are in a serious and urgent situation placing them at risk of irreparable harm to their rights. The request for precautionary measures alleges that the proposed beneficiary, who is identified or perceived as a political opponent of the current government of Nicaragua, has been deprived of liberty since August 23, 2021, and has not received timely medical attention. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of José Alejandro Quintanilla Hernández and his family;
- ensure that the conditions of his detention are compatible with the applicable international standards on the matter, which include, but are not limited to: i. guaranteeing regular contact with his family and lawyers; ii. taking into account the risk to his life, personal integrity, and health, an impartial and specialized medical assessment of his current health situation should be carried out immediately; iii. the proposed beneficiary should be given the treatments and medications prescribed by the competent health personnel;
- consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives;
- report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent them from reoccurring.
Résolution No. 26/22
MC 66-22, 135-22 - José Antonio Peraza Collado, Roger Abel Reyes Barrera, and Irving Isidro Larios Sánchez, as well as their respective families , Nicaragua
On June 20, 2022, the IACHR granted precautionary measures in favor of José Antonio Peraza Collado, Roger Abel Reyes Barrera, and Irving Isidro Larios Sánchez regarding Nicaragua, upon considering that they are at serious and urgent risk of irreparable harm to their rights in Nicaragua. The requests for precautionary measures allege that the proposed beneficiaries, who are identified as opponents of the current government of Nicaragua, are reportedly deprived of their liberty in the Directorate of Judicial Assistance known as "El Nuevo Chipote" in inadequate conditions of detention and without receiving the necessary medical care for their health. They also emphasize that the proposed beneficiaries are being subjected to acts of intimidation and harassment by State officers, a situation that allegedly also affects their families. Accordingly, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of the proposed beneficiaries;
- take the necessary measures to ensure that the proposed beneficiaries' detention conditions are compatible with applicable international standards in this field, including: i) ensuring that they are not subjected to threats, intimidation, harassment, or assault within the prison; ii) guaranteeing access to adequate and specialized medical care, and immediately carrying out a specialized medical assessment of their individual health; and iii) granting the necessary treatments and medications to treat their respective conditions;
- consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.
Résolution No. 25/22( EXTENSION )
MC 819-18 - Yubrank Miguel Suazo Herrera, Nicaragua
On June 13, 2022, the IACHR decided to extend precautionary measures in favor of Yubrank Miguel Suazo Herrera. The request indicates that Suazo was detained and transferred to the Directorate of Judicial Assistance (DAJ) known as the Nuevo Chipote, in May 2022; on that occasion the father had also been assaulted. The Commission assessed that the detention was carried out with violence and that information on the reason for such a detention and the whereabouts of Suazo was subsequently denied. In addition, family members and lawyers have not had access to information on the situation to enable them to initiate the necessary appeals.?
Upon analyzing the submissions of fact and law provided by the representatives, the Commission considers that the beneficiary is in a serious and urgent situation, given that from the applicable prima facie standard of review, he is facing a risk of irreparable harm to his rights. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that the State of Nicaragua:
- adopt the necessary measures to guarantee the rights to life and personal integrity of Mr. Yubrank Miguel Suazo Herrera. In particular, the State must both ensure that state actors respect the rights of the beneficiary in accordance with the standards established by international human rights law, as well as in relation to acts of risk attributable to third parties;
- in order to verify his situation, grant Mr. Suazo Herrera access to his legal representatives, in addition to the family visits in accordance with the applicable standards;
- consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
- report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure.
Résolution No. 24/22
MC 449-22 - Bruno Araújo Pereira and Dom Phillips, Brazil
On June 11, 2022, the IACHR decided to grant precautionary measures in favor of indigenist and defender of the rights of indigenous peoples Bruno Araújo Pereira and British journalist Dom Phillips. The request for precautionary measures indicates that the proposed beneficiaries have been missing since June 5, 2022, when they were traveling through the Vale do Javari Indigenous Land towards the city of Atalaia do Norte, in order to visit the team of the Indigenous Surveillance at the premises and conduct interviews. After analyzing the allegations of fact and law provided by the applicants, the Commission considered that the beneficiaries are in a serious and urgent situation, since their rights face a risk of irreparable damage, based on the applicable prima facie standard. Therefore, based on Article 25 of its Rules of Procedure, the Commission requested the State of Brazil redouble its efforts to determine the situation and whereabouts of Bruno Araújo Pereira and Dom Phillips, in order to protect their rights to life and personal integrity, and that they may continue to carry out their human rights defense work or journalistic activities, as appropriate. Also, report on the actions taken to investigate with due diligence the alleged facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 23/22
MC 212-21 - Samuel Mauricio Mairena Rocha, Nicaragua
On May 30, 2022, the IACHR granted precautionary measures in favor of Samuel Mauricio Mairena Rocha, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights. The request for precautionary measures claims that the proposed beneficiary, who is identified or perceived as a political opponent of the current government of Nicaragua, is at risk as he is being subjected to threats, harassment, and surveillance by state and parastatal agents since 2018 to present day. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- take the necessary measures to protect the rights to life and personal integrity of Samuel Mauricio Mairena Rocha. To this end, the State must both ensure that state actors respect the life and personal integrity of the proposed beneficiary, as well as protect his rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law;
- consult and agree upon the measures to be adopted with the proposed beneficiary and his representatives; and
- report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution, so as to prevent these events from reoccurring.
Résolution No. 22/22
MC 331-22 - Clarence Wayne Dixon, United States
On May 10, 2022, the IACHR decided to grant precautionary measures in favor of Clarence Wayne Dixon. According to the request, the beneficiary has been held in solitary confinement on death row in the state of Arizona. The request indicates that Mr. Dixon is at risk given the imminent execution of the death penalty, considering that he is a person suffering from multiple mental and physical health conditions. The applicant also filed a petition alleging violations of the American Declaration of the Rights and Duties of Man in relation to Mr. Clarence Wayne Dixon's rights to life, liberty, and personal security; right to a fair trial; right to humane treatment during deprivation of liberty; right to a regular trial; and right not to be subjected to cruel, infamous, or unusual punishment. Given that the risk of harm is imminent in the matter at hand, the Commission has ordered precautionary measures without having previously requested relevant information from the United States (pursuant to the exception provided for in Article 25(5) of its Rules of Procedure). Having analyzed the submissions of fact and law provided, the Commission considers that the information submitted shows prima facie that there is a serious and urgent risk of irreparable harm to Mr. Dixon's rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, if Mr. Dixon is executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:
- adopt the necessary measures to protect the life and personal integrity of Clarence Wayne Dixon;
- refrain from carrying out the death penalty to Clarence Wayne Dixon, until the IACHR has had the opportunity to reach a decision on his petition;
- ensure that Clarence Wayne Dixon's detention conditions are consistent with international standards, giving special consideration to his disabilities and medical condition; and
- agree on the measures to be adopted with the beneficiary and his representatives.
Résolution No. 12/22
MC 74-22 - Richard Eugene Glossip, United States
On March 3, 2022, the IACHR decided to grant precautionary measures in favor of Richard Eugene Glossip. According to the request, the beneficiary has been held for 23 years in solitary confinement on death row in the state of Oklahoma. The request indicates that Mr. Glossip is in a situation presenting a risk given the imminent execution of the death penalty, while even different dates have been scheduled for his execution. The applicant also filed a petition alleging violations of the American Declaration of the Rights and Duties of Man in relation to the rights of Mr. Richard Eugene Glossip to life, liberty, and personal security; right to a fair trial; right to humane treatment in custody; and right to due process of law and right not to receive cruel, infamous or unusual punishment. Having analyzed the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Mr. Glossip's rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, in the event that Mr. Glossip is executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:
- adopt the necessary measures to protect the life and personal integrity of Richard Eugene Glossip;
- refrain from carrying out the death penalty on Richard Eugene Glossip until the IACHR has had the opportunity to reach a decision on his petition;
- ensure that Richard Eugene Glossip's detention conditions are consistent with international standards; and
- agree on the measures to be adopted with the beneficiary and his representatives.
Résolution No. 10/22
MC 1170-21 - Melissa Lucio, United States
On February 18, 2022, the IACHR granted precautionary measures in favor of Melissa Lucio. According to the request, the beneficiary has been on death row in Texas, United States for 14 years. ?The request indicates that Ms. Lucio finds herself in a situation of risk given the imminent execution of the death penalty and?her current conditions of confinement. The applicants also filed a petition in which they allege violations of the American Declaration on the Rights and Duties of Man with regards to Ms. Lucio's rights to life, liberty and personal security, equality before the law, right of the child to special protection, fair trial, humane treatment in custody, due process of law and not to receive cruel, infamous or unusual punishment. Having analyzed the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Ms. Lucio's rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, in the event that Ms. Lucio is executed before the Commission has the opportunity to examine the merits of her petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:
- adopt the necessary measures to protect the life and personal integrity of Melissa Lucio;
- refrain from carrying out the death penalty on Melissa Lucio until the IACHR has had the opportunity to reach a decision on her petition;
- ensure that Melissa Lucio's detention conditions are consistent with international standards, giving special consideration to her personal conditions; and,
- agree on the measures to be adopted with the beneficiary and her representatives.
Résolution No. 9/22( EXTENSION )
MC 505-15 - Indigenous people of the Musawas, Suniwas and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, Nicaragua
On February 13, 2022, the IACHR decided to extend precautionary measures in favor of Indigenous Peoples of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, in Nicaragua. The request alleged that the inhabitants of the identified communities are being subjected to threats, intimidation, and acts of violence on the Caribbean Coast in a context where land titling processes are pending due to the presence of settlers in Indigenous territories.Upon analyzing the submissions of fact and law, the IACHR considers that the information provided shows, in principle, that the beneficiaries are at serious and urgent risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requests Nicaragua to:
- adopt the necessary and culturally appropriate measures to safeguard the life and personal integrity of the indigenous people of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region;
- consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged facts that led to the adoption of these precautionary measures, so as to prevent such events from reoccurring.
Résolution No. 8/22
MC 564-21 - Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla, Nicaragua
On February 13, 2022, the IACHR granted precautionary measures in favor of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla regarding Nicaragua, having considered that they are at serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiaries, who are identified as opponents of the current Nicaraguan government, are being threatened and are suffering attacks, harassment, and arbitrary detentions by state and parastatal authorities. Similarly, it indicates that the proposed beneficiary Marvin Antonio Castellón Ubilla is reportedly deprived of liberty, where he is being subjected to threats and attacks, also in inadequate conditions of detention. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life and personal integrity of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law and taking into account a gender perspective;
- adopt the necessary measures to ensure that the detention conditions of Mr. Marvin Antonio Castellón Ubilla comply with the applicable international standards;
- 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.
Résolution No. 7/22
MC 217-21 - William Alfredo Balmaceda Ubieta and his nuclear family, Nicaragua
On February 8, 2022, the IACHR granted precautionary measures in favor of William Alfredo Balmaceda Ubieta and his nuclear family regarding Nicaragua, upon considering that they face a serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiary, identified or perceived as a political opponent in the current context of Nicaragua, is being subjected to acts of threats, attacks, harassment, and surveillance by state and para-state agents. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life and personal integrity of William Alfredo Balmaceda Ubieta and his nuclear family. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, and 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;
- 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.
Résolution No. 5/22
MC 858-21 - Families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous People, Colombia
On February 1, 2022, the IACHR decided to request the adoption of precautionary measures in favor of the families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous People, in Colombia. The request for precautionary measures alleges that the proposed beneficiaries are at risk, given that their native lands are being occupied by armed groups, carrying out acts of violence that affect the proposed beneficiaries, having reported attacks, harassment, displacement, and even murders. Upon analyzing the submissions of fact and law, the IACHR considers that the information provided shows, in principle, that the beneficiaries are at serious and urgent risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requested that Colombia adopt the necessary and culturally appropriate measures to safeguard the life and personal integrity of the families of the Río Murindó and Río Chageradó Reservations; consult and agree upon the measures to be adopted with the beneficiaries and/or their representatives; and report on the actions taken to investigate the alleged facts that gave rise to this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 1/22
MC 1088-21 - Edgar Francisco Parrales Castillo , Nicaragua
On January 12, 2022, the IACHR granted precautionary measures to Edgar Francisco Parrales Castillo, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures claims that the proposed beneficiary, identified or perceived as political opponent in the current context of Nicaragua, is deprived of liberty since November 22, 2021, is being held incommunicado from his relatives and lawyers, suffers from serious diseases and is not receiving timely medical attention. Pursuant to Article 25 of its Rules of Procedure, the Commission request that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of Edgar Francisco Parrales Castillo;
- ensure that his detention conditions are compatible with applicable international standards on the matter, including, inter alia: i. to have contact with his relatives and defense lawyers; ii. taking into account the situation presenting a risk to his life, personal integrity, and health resulting from the circumstances surrounding his current deprivation of liberty and his state of health, immediately carry out an impartial and specialized medical assessment on his current health situation; iii. provide the treatments and medications that the proposed beneficiary has been reportedly prescribed; and iv. assess the possibility of immediately granting alternative measures to deprivation of liberty, based on his state of health, in accordance with its internal regulations and in light of the applicable inter-American standards; and
- report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.