Mesures Conservatoires

Résolution No. 94/21( EXTENSION )
MC 600-15 - Ángel Omar Vivas Perdomo and family, Venezuela

On November 27, 2021, the Inter-American Commission on Human Rights decided to extend the precautionary measures in favor of the Vivas family, after considering that they are in a serious and urgent situation of risk of irreparable harm to their rights in Venezuela. On October 27, 2017, the IACHR granted precautionary measures in favor of Mr. Ángel Omar Vivas Perdomo while he was deprived of his liberty. Consequently, the IACHR requested the State of Venezuela to adopt the necessary measures to protect the rights to life and personal integrity of the identified persons. To this end, the State must ensure that its agents 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; reach agreement with the beneficiaries and their representatives on the measures to be adopted; and report on the actions taken to investigate the alleged facts that gave rise to the adoption and extension of this precautionary measure so as to avoid their reoccurrence.

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Résolution No. 41/21
MC 382-21 - Ovidio Jesús Poggioli Pérez, Venezuela

On May 13, 2021, the IACHR decided to grant precautionary measures in favor of Mr. Ovidio Jesús Poggioli Pérez, in the Bolivarian Republic of Venezuela. According to the request for precautionary measures, the beneficiary was deprived of his liberty by state agents on April 26, 2021, and his location or whereabouts are currently unknown. Upon analyzing the submissions of fact and law provided by the applicants, the IACHR found that, from the applicable prima facie standard, Mr. Ovidio Jesús Poggioli Pérez is in a serious and urgent situation, given that his rights to life and personal integrity face a risk of irreparable harm. Consequently, based on Article 25 of its Rules of Procedure, the Commission requested that the Bolivarian Republic of Venezuela adopt the necessary measures to protect his rights to life and personal integrity. In particular, the State is called on to report whether the beneficiary is in the custody of state authorities and, if so, the circumstances of his deprivation of liberty, or otherwise, adopt the measures aimed at determining his whereabouts or fate; The State was also requested to implement the actions aimed at investigating the events that led to the granting of this precautionary measure, so as to prevent them from reoccurring.

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Résolution No. 38/21
MC 978-20 - Noris Alberto Perozo, Venezuela

On April 30, 2021, the IACHR granted precautionary measures in favour of Noris Alberto Perozo. According to the request, the beneficiary finds himself in a situation of risk given that he is preventively deprived of his liberty, suffers from several serious diseases, and is not receiving the medical care that he allegedly requires. After analyzing the submissions of fact and law presented by the applicants, the Commission considers that the information submitted demonstrates prima facie that Noris Alberto Perozo is in a serious and urgent situation, given that his rights to life, personal integrity and health are at risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requests that Venezuela:

  1. adopt the necessary measures to protect Mr. Noris Alberto Perozo Villanueva's rights to life, personal integrity and health. In particular, through the adoption of immediate measures that allow access to adequate medical treatment, including the necessary medications as prescribed by the corresponding health professionals, and the diagnoses and examinations to evaluate his health status on a regular basis, in accordance with the applicable international standards;
  2. consult and agree upon the measures to be adopted with the beneficiary and his representation; and
  3. implement the actions aimed at investigating the facts that motivated the granting of this precautionary measure, so as to prevent them from reoccurring.

Résolution No. 8/21
MC 998-20 - José Humberto Hernández Rodríguez, Venezuela

On January 28, 2021, the IACHR granted precautionary measures to José Humberto Hernández Rodríguez, in Venezuela. The Commission assessed that, despite various requests filed before the competent authorities, Mr. Hernández, who is deprived of his liberty, is not receiving the medical care prescribed to address his state of health. This lack of medical care is reportedly generating significant impacts on his rights. Consequently, the Commission requested that Venezuela:

  1. adopt the necessary measures to protect the rights to life, personal integrity and health of Mr. José Humberto Hernández Rodríguez. In particular, the State must ensure that he has access to the medical treatment prescribed by the competent authorities;
  2. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
  3. implement the actions aimed at investigating the events that led to the granting of this precautionary measure, so as to prevent them from reoccurring.

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Résolution No. 4/21( EXTENSION )
MC 1286-18 - Twenty persons diagnosed with Multiple Sclerosis, Venezuela

On January 7, 2021, the IACHR decided to extend precautionary measures to twenty persons with multiple sclerosis in Venezuela. According to the beneficiaries' representation, these individuals are at risk due to the lack of adequate medical treatment for their medical conditions. The Venezuelan Institute of Social Security (IVSS) is allegedly not delivering the prescribed medicines required by the beneficiaries for their medical conditions, despite the actions taken to obtain them. The impacts on the health of the people suffering as a result of the lack of their prescribed medical treatments were detailed in the request. Consequently, in accordance with Article 25 of the Rules of Procedure of the IACHR, the State of Venezuela was requested to: a) Adopt the necessary measures to protect the life, personal integrity, and health of the beneficiaries, by adopting immediate measures that enable access to adequate medical treatment, including the necessary medications as prescribed by the corresponding doctors, as well as the diagnoses and examinations to regularly evaluate their state of health, according to the applicable international standards.

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