Mesures Conservatoires
IACHR Completes Follow-Up Visit to Brazil to Monitor Precautionary Measures
2020
Résolution No. 6/20
MC 888-19 - Persons Deprived of Liberty in the Jorge Santana Prison, Brésil
On February 5, 2020, the IACHR decided to grant precautionary measures to persons deprived of their liberty in the Jorge Santana Public Penitentiary in Brazil. According to the request, the proposed beneficiaries are at risk because of the conditions of imprisonment and lack of medical care. In this matter, the Commission indeed notes that the persons proposed as beneficiaries face a multiplicity of risk factors, the conditions of detention continue to be of concern, inasmuch as the problem of overcrowding has not yet been solved, as well as the lack of hygiene and other structural deficiencies that jeopardize the rights to life and personal integrity of prisoners, particularly those with a disability or mobility restriction. Upon analyzing the arguments of fact and law provided by the parties, the Commission considers that the information presented shows prima facie that the persons deprived of their liberty in the Jorge Santana Public Penitentiary are in a serious and urgent situation, given that their rights to health, life and personal integrity are at serious risk. Consequently, the IACHR requests that Brazil:
- adopt the necessary measures to preserve the life, personal integrity and health of the persons deprived of their liberty in the Jorge Santana Public Penitentiary; particularly, by guaranteeing adequate and timely medical care, in accordance with the recommendations of the corresponding experts;
- take the necessary measures to ensure that the conditions of detention of the beneficiaries meet the applicable international standards; in particular, by ensuring that the structure of the Jorge Santana Public Penitentiary meets the necessary safety conditions, taking into account the situation of the beneficiaries who are disabled, injured, mutilated, fractured or injured in other way, and in order to prevent further impacts on the entire prison population; by taking immediate actions to substantially reduce overcrowding; and by providing adequate sanitation and hygiene;
- consult and agree upon the measures to be taken with the beneficiaries and their representatives; and
- inform on the actions taken to investigate the alleged events that caused the adoption of this precautionary measure, so as to prevent such incidents from reoccurring.
2018
Résolution No. 15/18
MC 882-17 - Tsotsil indigenous communities in Chalchihuitán and Chenalhó, Mexique
On February 24, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Tsotsil indigenous persons from the Cruzton, Tzomolto’n, Bojolochojo’n, Cruz Cacanam, Tulantic, Bejelto’n, Pom, Chenmut and Kanalumtic communities in Chalchihuitán, and from the Majompepentic community in Chenalhó, in Mexico. The request for precautionary measures alleges that the proposed beneficiaries are at risk after being subjected to assault, harassment and threats by armed persons, and given the impact that displacement from their communities of origin has had on their rights. The Commission noted the actions taken by the State to address this humanitarian issue. However, the IACHR observed that the proposed beneficiaries are returning to the area from which they were displaced through threats and other acts of violence, which even involved the use of firearms. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Mexico to adopt any security measures necessary to preserve beneficiaries’ lives and personal integrity, specifically to ensure their safety and to prevent threats, intimidation and other acts of violence against them by third parties; 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 events that gave rise to the adoption of this precautionary measure, in order to prevent such events from happening again in the future.
2016
Résolution No. 8/16
MC 112-16 - Members of COPINH, Berta Cáceres' relatives and other, Honduras
On March 5th of 2016, the IACHR decided to request that precautionary measures be adopted in favor of the life and personal integrity of the members of COPINH, Berta Cáceres’s relatives and Gustavo Castro in Honduras. The request for precautionary measures alleges that the beneficiaries, members of COPINH, are at risk due to their activities in the defense of human rights, the environment and natural resources; Berta Cáceres relatives due to the recent murder of COPINH’s activist; and Gustavo Castro for witnessing such murder. After analyzing the allegations of fact and law, the Commission considers that the information presented demonstrates, prima facie, that members of COPINH, Berta Cáceres’ relatives and Gustavo Castro are in a serious and urgent situation given the fact that their life and personal integrity are allegedly threatened and at risk. Consequently, in accordance with Article 25 of its Rules and Procedures, the Commission requested Honduras to adopt the necessary measures to guaranteeing the life and personal integrity of the members of COPINH, Berta Cáceres’ relatives and Gustavo Castro. Considering the information presented showing that Mr. Gustavo Castro has decided to leave the country to protect his safety, the IACHR considers necessary that the State takes the necessary measures to ensure Castro’s well-being during the process to prepare and ultimately leave the country; to adopt all the necessary measures to ensure members of COPINH their ability to carry out activities as human rights defenders without being subjected to acts of violence, threats and harassments; to agree upon measures to be adopted with the beneficiaries and their representatives; and to provide information on the actions taken to investigate the alleged facts that resulted on the adoption of precautionary measures to avoid repetition. Furthermore, the IACHR summons the parts to a work meeting during the next period of sessions of the Commission.
2015
Résolution No. 60/15
MC 51-15 - Children and adolescents of the communities of Uribía, Manaure, Riohacha and Maicao of the Wayúu people, in the department of the Guajira, Colombie
On December 11, 2015, the IACHR requested that precautionary measures be adopted for children and adolescents of the communities of Uribía, Manaure, Riohacha and Maicao of the Wayúu people, in the department of the Guajira, Colombia. The request for precautionary measures alleges that the beneficiaries are at risk because of the alleged lack of access to drinking water and of malnutrition among children of the community. According to the information contained in the request, this situation allegedly caused the death of 4770 children in the last eight years. After analyzing the allegations of fact and law, the Commission considers that information, prima facie, demonstrates that the members of these communities are in a serious and urgent situation, since their lives and personal integrity are allegedly at risk. Consequently, in accordance with Article 25 of its Rules of Procedures, the Commission requested the State of Colombia to adopt the necessary measures to guarantee the life and physical integrity of children and adolescents in the communities of Uribía, Manaure, Riohacha and Maicao of the Wayúu people, in the department of the Guajira. Particularly, it requested to ensure the availability, accessibility and quality of health services, with an integral and culturally adequate approach, in order to respond to the children’s malnutrition, as well as to adopt immediate measures so that the beneficiary communities have, as soon as possible, access to drinking water and to food in sufficient quantity and quality. In addition, the Commission requested the State of Colombia to agree on the measures to be adopted with the beneficiaries and their representatives, and to periodically inform the Commission on the adoption of the requested precautionary measures.