Precautionary Measures

The mechanism for precautionary measures is established in Article 25 of the Rules of Procedure and provides that the IACHR can request Member States to adopt precautionary measures in order to prevent irreparable harm to persons or to the subject matter of the proceedings in connection with a pending petition or case.

List of precautionary measures adopted by the IACHR regarding CARICOM countries:

Bahamas

Resolution No. 54/16
PM 706-16 - Fred Smith y otros, Bahamas

El 4 de noviembre de 2016, la CIDH decidió solicitar la adopción de medidas cautelares a favor de Fred Smith y otras personas que conforman la organización "Save The Bays", en Bahamas. La solicitud alega que, debido al trabajo de la organización en la protección del medio ambiente, sus miembros estarían siendo objeto de amenazas y hostigamientos. En consecuencia, de acuerdo con el Artículo 25 del Reglamento de la CIDH, la Comisión solicitó a Bahamas que:

  1. Adopte las medidas necesarias para preservar la vida y la integridad personal de los cinco miembros identificados de "Save The Bays";
  2. Adopte las medidas necesarias para que los cinco miembros de "Save The Bays" puedan desarrollar sus actividades como defensores de derechos humanos, sin ser objeto de actos de intimidación, amenazas y hostigamiento;
  3. Concierte las medidas a adoptarse con los beneficiarios y sus representantes; e
  4. Informe sobre las acciones adoptadas a fin de investigar los hechos alegados que dieron lugar a la adopción de la presente medida cautelar, y así evitar su repetición.

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Resolution No. 4/15
PM 535-14 - Persons in Immigration Detention at Carmichael Road Detention Center, Bahamas

On February 13, 2015, the Commission decided to request the adoption of precautionary measures in favor of the persons in immigration detention at Carmichael Road Detention Center, in The Bahamas. The request for precautionary measures alleges that the beneficiaries are at risk because they are allegedly in inhumane conditions of detention, with extreme overcrowding and lack of appropriate medical attention that could affect their right to life and physical integrity. After analyzing the allegations of fact and law, the Commission believes that the information presented shows, prima facie, that the beneficiaries are in a serious and urgent situation that places their lives and physical integrity at risk.

Consequently, in accordance with Article 25 of its Rules of Procedures, the Commission requested the State of The Bahamas to adopt the necessary measures to ensure the life and physical integrity of persons in immigration detention at Carmichael Road Detention Center. This includes to provide hygienic conditions and adequate medical treatment to the persons in the facility, according to their respective medical conditions. The IACHR also requested the State to adopt the necessary measures to address the special situation of unaccompanied children, according to international standards; to implement measures to ensure that legal assistance is available to all of the beneficiaries; and to take immediate action to substantially reduce overcrowding within Carmichael Road Detention Center. Finally, the Commission requested to investigate the facts that gave rise to the adoption of these precautionary measures in order to avoid their repetition; and to ensure that civil society organizations and relevant international organizations have access to the Carmichael Road Detention Center for the purpose of monitoring detention conditions.

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Resolution No. 19/14
PM 141-14 - Manuel Escalona Sánchez, Wilfredo Matos Gutiérrez, and Ortelio Abrahante Bacallao, Bahamas

On June 30, 2014, the IACHR requested the adoption of precautionary measures for Manuel Escalona Sánchez, Wilfredo Matos Gutiérrez, and Ortelio Abrahante in the Bahamas. The request for precautionary measures alleges that the individuals mentioned were in a situation of risk because their deportation to Cuba was imminent. The petitioners claimed they had been targets of persecution in Cuba due to their open opposition to the Cuban regime, among other allegations. The Commission requested information from the State on April 22, 2014, but received no response. Therefore, after analyzing the allegations of fact and law, the Commission believes that the information shows prima facie that Manuel Escalona Sánchez, Wilfredo Matos Gutiérrez, and Ortelio Abrahante Bacallo are in a serious and urgent situation and that irreparable harm must be prevented as their lives and physical integrity are said to be in danger. Therefore, pursuant to Article 25 of the IACHR’s rules of procedure, the Commission is asking the Government of the Bahamas: to refrain from deporting Manuel Escalona Sánchez, Wilfredo Matos Gutiérrez, and Ortelio Abrahante Bacallao; to provide the beneficiaries with a legal remedy, respecting the principle of non-return, to determine whether they have the right to asylum; and to provide information regarding the outcomes thereof such that the IACHR may keep track of the need to maintain or lift the precautionary measure. Read the resolution

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Barbados

Resolution No. 34/18
PM 1046-17 - Clyde Anderson Grazette, Barbados

On May 5, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Anderson Grazette in Barbados. The request for precautionary measures alleges that the proposed beneficiary is a prisoner at Her Majesty's Prisons in Dodds, St. Philip, after being convicted and sentenced to the obligatory imposition of the death penalty by hanging, and that he is currently on death row. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that the beneficiary faces a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Barbados to refrain from applying the death penalty that has been imposed on Clyde Anderson Grazette until the IACHR makes a decision on his petition; to adopt any measures necessary to preserve the beneficiary’s life and personal integrity; and to come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken.

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Resolution No. 33/18
PM 1047-17 - Dwayne Omar Severin and Jabari Sensimania Nervais, Barbados

On May 5, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Dwayne Omar Severin and Jabari Sensimania Nervais in Barbados. The request for precautionary measures alleges that the proposed beneficiaries are prisoners at Her Majesty's Prisons in Dodds, St. Philip, after being convicted and sentenced to the obligatory imposition of the death penalty by hanging, and that they are currently on death row. 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 Barbados to refrain from applying the death penalty that has been imposed on Clyde Dwayne Omar Severin and Jabari Sensimania Nervais until the IACHR makes a decision on their petition; to adopt any measures necessary to preserve beneficiaries’ lives and personal integrity; and to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken.

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Belize


PM 155-13 - Caleb Orozco, Belize

On May 29, 2013, the IACHR granted precautionary measures for Caleb Orozco, in Belize. The request for precautionary measures indicates that Caleb Orozco is in a state of risk as a result of his work defending the rights of lesbian, gay, bisexual, trans, and intersex persons in Belize. Specifically, the petition alleges that Caleb Orozco has been subject to harassment and attacks at his home and on the streets, and he has received death threats via social media. It further alleges that even though he has filed complaints with the police, the authorities are not providing measures to protect his life and safety. The IACHR asked that the State of Belize take the necessary steps to ensure the life and physical integrity of Caleb Orozco, that it come to an agreement with the beneficiary as to the measures to be taken, and that it inform the Commission about the steps taken to investigate the facts that gave rise to the adoption of precautionary measures.

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Guyana

Resolution No. 41/23
PM 196-23 - Indigenous Carib Community of Chinese Landing , Guyana

On July 21, 2023, the Inter-American Commission on Human Rights adopted Resolution 41/2023, by which it granted precautionary measures in favor of members of Indigenous Carib Community of Chinese Landing, upon considering that they are in a serious and urgent situation of the rights to life and personal integrity in Guyana. The alleged risks relate to threats, harassment and acts of violence perpetrated against the beneficiaries in the context of their opposition to mining activities carried in their lands. Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Guyana:

  1. take the necessary measures to protect the rights to life and personal integrity of the members of the Indigenous Carib Community of Chinese Landing, identified as beneficiaries, with a cultural, gender-based, and age-appropriate perspective to prevent threats, harassment, and other acts of violence against the beneficiaries;
  2. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  3. report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 35/14
PM 458-14 - Members of Kaieteur News Journal, Guyana

On November 18, the IACHR requested the adoption of precautionary measures for members of Kaieteur News, in Guyana. The request for precautionary measures alleges that the proposed beneficiaries received threats against their lives and personal integrity as a consequence of their work as journalists. After analyzing the allegations of fact and law, the Commission believes that the information presented demonstrates prima facie that the members of the Kaieteur News Journal are in a serious and urgent situation, since their lives and personal integrity face an imminent risk of irreparable harm. Consequently, in accordance Article 25 of IACHR's Rules of Procedure, the Commission requires the Republic of Guyana to adopt the necessary measures to protect the lives and personal integrity of the three identified members of the Kaieteur News Journal; to agree on the measures to be adopted with the beneficiaries and their representatives; and to report on the actions taken to investigate the alleged incidents that gave rise to the adoption of this precautionary measure in order to prevent their repetition. Read the resolution

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Haiti

Resolution No. 49/23
PM 509-23 - Lovely Lamour, Haiti

On August 29, 2023, the IACHR decided to grant precautionary measures in favor of Lovely Lamour, after considering that she is in a serious and urgent situation placing her at risk of irreparable harm to her rights in Haiti. The request alleges that the proposed beneficiary is an 18-year-old postpartum woman who is deprived of her liberty at the Port-au-Prince Police Station, without receiving medical attention appropriate to her vulnerable condition. According to the information provided, the proposed beneficiary was detained pregnant and did not receive any type of pre- and post-natal care, even though the prison facility and the judicial authorities had been informed of a case of infection. Moreover, the request alleged that the newborn died one month after spending fifteen days in the hospital with oxygen, separated from the mother. It was alleged that this whole process has generated mental affectations in the proposed beneficiary, who also does not receive psychological assistance. Upon analyzing the available information, the Commission considered that the proposed beneficiary is reportedly exposed to a multiplicity of risk sources, likely to seriously affect her rights to life, personal integrity and health, for which reason compliance with the requirements contained in Article 25 of its Rules of Procedure was sufficiently justified. After requesting information from the State, the Commission did not receive a response, as the deadlines had expired. Therefore, it requested that Haiti:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Lovely Lamour, with a gender perspective, in accordance with applicable international standards and obligations. In particular, ensuring that she has access to medical treatment, as indicated by the corresponding physicians, and that the authorities prepare a medical report that corroborates the current health situation of the beneficiary;
  2. adopt the necessary measures to bring her conditions of detention into line with applicable international standards;
  3. consult and agree upon the measures to be adopted with the beneficiary and her representatives; and
  4. report on the actions taken to investigate the alleged facts that gave rise to the adoption of these precautionary measures, so as to prevent such events from reoccurring.

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Resolution No. 43/22
PM 433-22 - M.A.C. , Haiti

On August 30, 2022, the IACHR decided to grant precautionary measures in favor of M.A.C. According to the request, the beneficiary –who identifies herself as a defender of women’s human rights in Haiti– is at risk due to threats and harassment against her in the context of her search for justice for acts of sexual violence that she allegedly suffered. Having analyzed the submissions of fact and law provided by the applicants, the Commission considers that the information presented shows prima facie that there is a serious and urgent risk of irreparable harm to the rights to life and personal integrity of Ms. M.A.C., in accordance with Article 25 of its Rules of Procedure. Consequently, the Commission requests that Haiti:

  1. adopt the necessary measures, with a gender perspective, to protect the rights to life and personal integrity of M.A.C.;
  2. take the necessary measures to ensure that M.A.C. can carry out her activities as a human rights defender without being subjected to acts of intimidation, harassment, threats, or violence in the exercise of her work;
  3. consult and agree upon the measures to be adopted with the beneficiary and her representative; and
  4. 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.

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Resolution No. 74/21
PM 1175-20 - Camille Occius and family, Haiti

On September 4, 2021, the IACHR granted precautionary measures in favour of Camille Occius and his nuclear family. According to the request, the beneficiary finds himself in a situation of risk given acts of violence being committed against him due to his work as a human rights defender in Haiti. Having analyzed the submissions of fact and law presented by the applicants, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Mr. Occius’ rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Consequently, the Commission requests that Haiti:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Camille Occius and his family. 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;
  2. adopt the necessary measures to ensure that Camille Occius can carry out his activities as a human rights defender without being subjected to acts of violence and harassment in the course of his work;
  3. agree upon the measures to be adopted with the beneficiaries and their representatives; and,
  4. report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution with the aim of preventing their reoccurrence.

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Resolution No. 65/19
PM 793-19 - Committee of Victims of La Saline, Haiti

On December 31, 2019, the IACHR decided to grant precautionary measures in favor of the members of the Committee of Victims of La Saline, in Haiti. The request alleged that the beneficiaries were being subject to threats, harassments and acts of violence for filing complaints and their continuous demands for justice in relation to the events reportedly occurred on November 13, 2018, when dozens of persons were killed or attacked by armed gangs, in the capital city of Port-au-Prince. After analyzing the available information, including the testimonies gathered during the in loco visit which took place from the 16th to the 21st of December, 2019, the Commission considered that requirements set forth in Article 25 of its Rules of Procedure were met. Hence, it requested Haiti to:

  1. take the necessary measures to protect the rights to life and personal integrity of the members of the Victims Committee of La Saline;
  2. take the necessary measures to ensure that beneficiaries can carry out their work as human rights defenders without being subjected to threats, harassment or acts of violence in the exercise of their functions;
  3. agree on the measures to be taken with the beneficiaries and their representatives; and
  4. report on the actions taken in order to investigate the facts that led to the adoption of this precautionary measure and thus prevent its recurrence.

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Resolution No. 13/17
PM 125-17 - Civil Penitentiary of Port-au-Prince, Haiti

On May 26, 2017, the IACHR decided to request that precautionary measures be adopted for individuals deprived of liberty in the Civil Penitentiary and General Hospital of Port-au-Prince, Haiti. The request alleges that the rights to life and personal integrity of the beneficiaries are at risk due to overcrowding, deficient detention conditions, and lack of access to adequate medical treatment. After analyzing the pleadings of fact and law, the IACHR believes that the information presented demonstrates, prima facie, that the beneficiaries are in an urgent and serious situation. Consequently, pursuant to Article 25 of the Rules of Procedure of the IACHR, the Commission asked Haiti to adopt the measures necessary to protect the life and personal integrity of the adolescents in the Civil Penitentiary and General Hospital of Port-au-Prince, specifically by adopting the measures necessary to prevent the illnesses described and provide adequate treatment; to take immediate action to progressively reduce overcrowding in the Penitentiary; to provide adequate health conditions in the facility; to take the actions necessary to improve the detention conditions of the adolescents in accordance with international standards; to coordinate the measures to be adopted with the beneficiaries and their representatives; and to report on the actions taken in order to investigate the facts alleged that led to the adoption of this precautionary measure and prevent its repetition.

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Resolution No. 29/15
PM 416-15 - Members of the Ensemble des Citoyens Compétents a la Recherche l´Egalité des Droits de l´Homme, Haiti

On September 1, 2015, the IACHR decided to request that precautionary measures be adopted for the members of the Ensemble des Citoyens Compétents a la Recherche l´Egalité des Droits de l´Homme ("Group of Citizens Seeking Human Rights Equality"), in Haiti. The request for precautionary measures contends that due to the organization’s work as human rights defenders, in recent months its members have been targets of alleged acts of violence and threats. The request also indicates that as a result of an increase in the number and intensity of the acts of violence and threats, many of the organization’s members have decided to leave the movement. After analyzing the allegations of fact and law, the Commission believes that the information shows, prima facie, that the proposed beneficiaries are in a serious and urgent situation, as their lives and physical integrity are said to be at imminent risk.

Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission asked Haiti to adopt the necessary measures to protect the life and safety of the members of the "Group of Citizens Seeking Human Rights Equality"; take the necessary measures so that the beneficiaries can carry out their activities as human rights defenders without being subject to violence and harassment; and inform the Commission as to the actions taken to investigate the alleged incidents that gave rise to the adoption of this precautionary measure, so as to avoid a recurrence.

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Resolution No. 26/15
PM 275-15 - Juders Ysemé and others, Haiti

On July 28, 2015, the IACHR decided to request that precautionary measures be adopted for David Boniface, Nissage Martyr, Juders Ysemé, their immediate family members and other similarly positioned, in Haiti. According to the request, the proposed beneficiaries have allegedly been facing acts of violence and threat against them, after having made allegations against the Mayor of the city of Les Irois. According to the petitioners, after they made those complaints, the proposed beneficiaries have been targets of alleged acts of violence and threats, along the last few years. The request indicates that Nissage Martyr and Juders Ysemé have been targets of alleged acts of violence as a result of the foundation of the first community radio in Les Irois. The petitioners also added that the day that the radio was opened, the Mayor publicly declared his intention to close it. On April 8, 2008, the Mayor and 30 members of the Group KOREGA ("Coordination of the Grand Anse Resistance") supposedly presented themselves at the radio, carrying arms, and they allegedly took all the radio transmitting equipment. Nissage Martyr and Juders Ysemé was allegedly severely attacked in the context of these events, in consequence of which it was necessary to amputate the leg of Nissage Martyr. Juders Ysemé allegedly permanently lost the vision of one eye during the same events. After analyzing the allegations of fact and law, the Commission believes that the information shows, prima facie, that the proposed beneficiaries are in an urgent and serious situation since their lives and integrity are said to be at imminent risk.

Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission asked the State of Haiti to adopt the necessary measures in order to protect the life and personal integrity of David Boniface, Nissage Martyr, Juders Ysemé and their families; to adopt the necessary measures so that the beneficiaries can develop their activities as defenders of human rights without being subjected to acts of violence and harassment; to arrange the measures to be adopted with the beneficiaries and their representatives and to inform regarding the actions taken to investigate the alleged incidents that gave rise to the adoption of this precautionary measure, so as to avoid a recurrence.

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Resolution No. 17/14
PM 161-14 - Pierre Espérance and Members of the Réseau National de Défense des Droits Humains (RNDDH), Haiti

On June 9, 2014, the IACHR asked that precautionary measures be adopted for Pierre Espérance and members of the Réseau National de Défense des Droits Humains [National Network for the Defense of Human Rights] (RNDDH) in Haiti. The request for precautionary measures alleges that the beneficiaries have been the target of threats and harassment in retaliation for the human rights defense work they do in Haiti. After analyzing the allegations of fact and law, the Commission believes the information shows prima facie that Mr. Pierre Espérance and the members of the RNDDH are in a serious and urgent situation because their lives and physical integrity are reportedly under threat and in grave danger. Therefore, pursuant to Article 25 of the IACHR’s Rules of Procedure, the Commission is asking the State of Haiti: to adopt the measures necessary to protect the lives and physical integrity of Mr. Pierre Espérance and a member of the RNDDH organization who has been identified; to come to an agreement with the beneficiaries and their representatives regarding the measures to be adopted; and to report on the actions taken to investigate the alleged incidents that gave rise to the adoption of this precautionary measure so that such incidents do not happen again.

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Resolution No. 10/13
PM 304-13 - Patrice Florvilus and members of the organization "Défense des Opprimés", Haiti

On November 27, 2013, the IACHR requested that precautionary measures be adopted in favor of Patrice Florvilus and the members of the organization "Défense des Opprimés". The request for precautionary measures alleged that these persons were in a situation of risk, due to a series of threats, harassment and persecution in retaliation of the activities they carry out in defense of human rights in Haiti. On October 2, 2013, the IACHR requested information from the State, but did not receive a response. In addition, the applicants provided new information concerning alleged new risk situations the organization is supposedly facing. Consequently, in compliance with Article 25 of its Rule of Procedure, the Commission requested the State of Haiti to adopt the necessary measures to preserve the life and the personal integrity of Patrice Florvilus and the members of the organization "Défense des Opprimés", to agree on the measures to be adopted with the beneficiaries and his representatives and to inform the Commission as to the steps taken to investigate the incidents that gave rise to the adoption of this precautionary measure so that they do not happen again.

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Resolution No. 2/13
PM 157-13 - Members of Union des Citoyens Conséquents pour le Respect des Droits de l'Homme, Haiti

On September 23, 2013, the Commission requested the adoption of precautionary measures pursuant to Article 25 (1) of its Rules of Procedure, in order to avoid irreparable harm to life and personal integrity of members of the Union des Citoyens Conséquents pour le Respect des Droits de l'Homme ("Consistent Citizens Union for Human Rights", UCCRDH), who claim to be in a dangerous situation due to a number of threats, harassment and acts of violence allegedly in retaliation to the work they perform in defense of human rights in Haiti. Through its resolution, the Commission requested the Government of Haiti to take the necessary measures to guarantee the life and personal integrity of Jean Guernal Degand, Jimmy Simplis, Marieclaude Marcelin, Réginald Henry y Saintilma Verdieu. The Commission also requested the Government of Haiti to report on the actions taken to investigate the facts that led to the adoption of this precautionary measure, and to inform, within 15 days from the date of this resolution, on the adoption of precautionary measures required, and update such information regularly.

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PM 7-13 - Vilasson Séraphin and others, Haiti

On July 24, 2013 , the IACHR granted precautionary measures in favor of Vilasson Seraphin, Jeanne Joseph, Johanne Jean-Claude, Jean-Rony Figaro, Roselande Jourdain y Lucmane Louis-Jean, in Haiti. The request for precautionary measures alleges that on December 29, 2012, André Seraphin, member of several civil society organizations, had been kidnapped from his home in the city of Cap- Haitien, allegedly by a group of people who work under orders of a Senator. The next day his body had allegedly been found dead with signs of torture. The request alleges that André had been murdered for allegedly denounced arbitrary acts committed by the gang and the support of the Senator to such acts. Additionally, it is alleged that the father and mother of the victim and the applicant organization, were being persecuted and threatened by the gang and by the presumptive Senator, for trying to seek justice in the case of André Seraphin. On April 2, 2013, the IACHR requested information from both parties on the alleged risk of the proposed beneficiaries, but the State has not so far responded.

The IACHR asked the State of Haiti to adopt the necessary measures to guarantee the life and integrity of Vilasson Seraphin, Jeanne Joseph, Johanne Jean-Claude, Jean-Rony Figaro, Roselande Jourdain y Lucmane Louis-Jean, and agree on the measures to be adopted with the beneficiaries and their representatives. The Commission also requested the State to report on the actions taken to investigate the facts that gave rise to the precautionary measures. The IACHR also requested the State to report to the Commission on the implementation of these measures.


PM 52-13 - 567 Families Living in Grace Village, Haiti

On March 26, 2013, the IACHR granted precautionary measures for the residents of the Grace Village camp for displaced persons, in Carrefour, Haiti. The request for precautionary measures indicates that there is a risk to the life and integrity of the displaced individuals who currently live in Grace Village, a camp built to temporarily house people who were displaced by the 2010 earthquake. The petitioners contend that some 567 families live there, under inhumane and unhealthy conditions, with very limited access to food, potable water, and health-care services. They also point to an alleged context of extrajudicial forced evictions, carried out without following legal procedures, allegedly with the use of violence, and purportedly without providing living alternatives or relocation. In addition, the petition claims that women and children are especially vulnerable, particularly due to the intimidation and sexual harassment on the part of camp managers, and that people are targets of reprisals when they take action to defend the rights of the camp residents. The IACHR asked the State of Haiti to adopt the necessary measures to prevent the use of force and violence in any eviction, and in particular to ensure that the actions of public authorities and private individuals do not present a risk to the life and physical integrity of the camp residents.

The Commission also requested that the State implement effective security measures in the camp, including adequate patrols carried out around and inside the camp and police stations set up near the camp; to this effect, the Commission asked the State that these security measures be implemented with special regard for women and children. Further, the Commission asked the State to ensure that the residents have access to drinking water. The measures should be worked out with the beneficiaries and their representatives, and the Commission requested that the camp's residents committee and grassroots women's groups be ensured full participation in the planning and execution of all measures implemented for the residents, including those designed to prevent sexual violence and other types of violence in the camp. Finally, the Commission asked the State to keep it informed as to the steps taken to investigate the incidents that led to the adoption of precautionary measures.


PM 363-12 - Mario Joseph, Haiti

On October 19, 2012, the IACHR granted precautionary measures for Mario Joseph, in Haiti. According to the request for precautionary measures, the life and personal integrity of Mario Joseph, director of the nongovernmental organization Bureau des Avocats Internationaux (BAI), are at risk. The request contends that Mario Joseph has been subject to threats and acts of harassment in recent months, allegedly because of his activities in defending human rights. It indicates that he received several death threats per day after participating, in February 2012, in a press conference on the criminal proceedings underway against former President François Duvalier and that, starting in September 2012, security agents had interrogated BAI members, searched the organization's facilities, and persecuted Mario Joseph. The IACHR asked the State of Haiti to adopt any necessary measures to guarantee the life and personal integrity of Mario Joseph, come to an agreement with the beneficiary and his representative on the measures to be adopted, and inform the Commission on the steps taken to judicially investigate the events that led to the adoption of precautionary measures.


PM 340-10 - Women and girls residing in 22 Camps for internally displaced persons in Port-au-Prince, Haiti

On December 22, 2010, the IACHR granted precautionary measures for all the displaced women and children living in 22 camps for internally displaced persons in Port-au-Prince, Haiti, in the wake of the January 10, 2010 earthquake. The request for precautionary measures alleges a pattern of sexual violence and a series of acts of violence against the women and girls residing in said camps. The Inter-American Commission called on the State to ensure the availability of adequate medical and mental health care for the victims of sexual violence located in accessible areas; to provide adequate security at the camps for internally displaced persons, including the lighting of public spaces, regular patrols within the camps as well as outlying areas, and to increase the presence of female police officers assigned to patrol details and local police precincts; to ensure that the law enforcement agencies tasked with responding to incidents of sexual violence receive the necessary training to respond appropriately to reported cases of sexual violence and provide the necessary security to the camps; to promote the establishment of special investigative police units within the Office of the Attorney General with a view to investigating rape cases and other crimes of sexual violence; and to ensure that grassroots women's groups fully participate in and have a steering role in the planning and implementation of policies and practices aimed at combating and preventing rape and other forms of sexual violence in the camps.


PM 367-10 - Forced Evictions from Five Camps for Displaced Persons, Haiti

On November 15, 2010, the IACHR granted precautionary measures for the residents of five camps for internally displaced persons in Haiti. The request for precautionary measures alleges that forced evictions were carried out in five encampments created by families that set up tents in open fields, on public or private property, following the destruction of their homes by the earthquake. The Inter-American Commission asked the State of Haiti to adopt a moratorium on the expulsions from the camps for internally displaced persons until a new government can take office; to ensure that those who have been illegally expelled from the camps are transferred to places with minimum sanitary and security conditions; to guarantee that those who have been internally displaced have access to effective remedies in court and before other competent authorities; to implement effective security measures to safeguard the physical integrity of the camps' inhabitants, guaranteeing in particular the protection of women and children; to train security forces on the rights of displaced persons, in particular their right not to be expelled from the camps by force; and to ensure that international cooperation agencies have access to the camps for internally displaced persons.

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PM 278-10 - Organización de Voluntarios para la Promoción de los Derechos Humanos (OVPDH), Haiti

El 4 de octubre de 2010, la CIDH otorgó medidas cautelares a favor de once miembros de la "Organización de Voluntarios para la Promoción de los Derechos Humanos" (OVPDH) en Haití. En la solicitud de medidas cautelares se alegaba que, desde el año 2007, los miembros de la organización habrían sido objeto de amenazas e intimidaciones por parte de personas no identificadas, debido a su involucramiento en la defensa de derechos humanos en Haití. Particularmente, señalaron que el 10 de julio de 2010 uno de sus miembros habría sido secuestrado, sin que las autoridades les hubieran proporcionado algún tipo de protección. La Comisión Interamericana solicitó al Estado de Haití que adopte las medidas necesarias para garantizar la vida e integridad personal de sus once miembros, que concertara las medidas a adoptarse con los beneficiarios y sus representantes y que informara sobre las acciones adoptadas a fin de investigar los hechos que dieron lugar a la adopción de medidas cautelares.

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Jamaica

Resolution No. 65/22
PM 425-22 - Afro-descendant families from peasant communities in the region of St. Ann , Jamaica

On November 24, 2022, the IACHR decided to grant precautionary measures in favor of individualized Afro-descendant persons from peasant communities of St. Ann, after considering that they are in a serious and urgent situation that poses a risk of irreparable harm to their rights in Jamaica. According to the request, the proposed beneficiaries are suffering from various health problems as a result of the bauxite mining activities that are taking place in the vicinity of their communities. In this context, they reportedly do not have access to adequate, timely, and specialized medical care to treat their multiple ailments. The applicant also alleged that several of the proposed beneficiaries are subjected to threats, harassment, and intimidation by police officers and third parties because of their critical stance against bauxite mining activities in the area, as well as because of the legal actions taken at the domestic level.

Upon analyzing the available information, the Commission considered that compliance with the requirements contained in Article 25 of its Rules of Procedure was sufficiently justified. Therefore, the IACHR requested that Jamaica:

  1. take the necessary measures to protect the rights to life, personal integrity, and health of the Afro-descendant persons identified as beneficiaries in the St. Ann region, with a cultural, gender-based, and age-appropriate perspective, including the following: i. carry out the necessary medical diagnoses to define the corresponding medical care; ii. guarantee adequate, timely, and specialized medical care, according to the medical conditions; and iii. guarantee access to contaminant-free water;
  2. adopt the necessary measures to prevent threats, harassment, and other acts of violence against the beneficiaries;
  3. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  4. report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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PM 137-13 - Girls Deprived of Liberty in adult detention centres, Jamaica

On July 31, 2013, the IACHR granted precautionary measures in favor of girls deprived of liberty in adult detention centres, in Jamaica. The request for precautionary measures alleges that girls are detained with adults and in conditions that presumably place them at risk of irreparable harm. The applicants also allege the presumed failure of the pertinent authorities to take measures and prevent the girls from hurting themselves and/or suffer abuses by adults and peers. The IACHR requested information to the State in May and June 2013, and later received information indicating that the risk situation allegedly continues. The IACHR granted precautionary measures to protect the life and physical integrity of the girls deprived of liberty in adult detention centres. Specifically, the Inter-American Commission requested the State of Jamaica to adopt all necessary measures to protect the life and personal integrity of the beneficiaries, providing the physical and mental medical care required by the beneficiaries and investigate the allegation of sexual and physical abuses; to provide the IACHR with a list of all girls being held at adult detention centres, containing their names, ages, current judicial status and health situations; and to adopt the necessary measures to transfer all girls from the Horizon Adult Remand Centre, Fort August Adult Correctional Centre and all other adult detention centres, to appropriate facilities, taking into account their legal status and any medical or phsychological needs, and preventing any children to be deprived of liberty in adult detention centres.

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PM 153-11 - X and Z, Jamaica

On September 21, 2011, the IACHR granted precautionary measures to X and Z, in Jamaica. Their identities are being kept confidential at the request of the beneficiaries and/or their representatives. The request for precautionary measure states that both have suffered aggression, attacks, threats, and harassment on account of their sexual orientation. The Inter-American Commission asked the State of Jamaica to adopt the measures necessary to ensure their lives and persons, to agree on the steps to be taken with the beneficiaries and their representatives, and to report back on the actions carried out to investigate the facts that gave rise to the adoption of the precautionary measures.

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PM 80-11 - Maurice Tomlinson, Jamaica

On March 21, 2011, the IACHR granted precautionary measures for Maurice Tomlinson, in Jamaica. The request for precautionary measures alleges that Maurice Tomlinson is facing a situation of risk due to his work as a defender of the rights of lesbian, gay, bisexual, trans, and intersex (LGBTI) persons in Jamaica. It indicates that he has been receiving death threats via e-mail, and that the State authorities have not adopted protection measures. The Inter-American Commission asked the State of Jamaica to adopt, in agreement with the beneficiary, the necessary measures to guarantee his life and physical integrity, and to inform the IACHR on the steps taken to investigate the facts that led to the adoption of these precautionary measures.

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Suriname


PM 395-09 - Maho Indigenous Community, Suriname

On October 27, 2010, the IACHR granted precautionary measures for the inhabitants of the Maho Indigenous Community, in Suriname. The request for precautionary measures alleges that since 1990, the organization Stichtung Mohsiro and other third parties have allegedly been encroaching upon the 65 hectares of land that was reserved for the Maho Community in 1971. It is also alleged that at times, the invaders have destroyed the community's crops and threatened its members' physical integrity. It is alleged that as a result of these actions, the extinction of this community may be imminent. The Inter-American Commission asked the State of Suriname to take the measures necessary to ensure that the Maho Community can survive on the 65 hectares that have been reserved for it free from incursions from persons alien to the community, until the Commission has decided on the merits of the petition.

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Trinidad and Tobago

Resolution No. 93/20
PM 1100-20 - Six migrant children, Trinidad and Tobago

On December 9, 2020, the IACHR granted precautionary measures in favor of six migrant children. According to the request, the proposed beneficiaries are at imminent risk of being deported to Venezuela without a due analysis of their particular situations, where they allegedly face risk to their rights to life and personal integrity. Upon analyzing the allegations of fact and law provided by the applicants, the Commission considers that the information shows prima facie that 6 identified migrant children are in a serious and urgent situation given that their rights to life and personal integrity are at serious risk of irreparable harm. Consequently, pursuant to Article 25 of its Rules of Procedure, the IACHR requests that Trinidad and Tobago adopt the necessary measures to guarantee the rights to life and personal integrity of V.A.L.F.; M.A.C.F.; J.A.C.F.; M.S.C.F.; M.V.V.C.; and J.A.R.M. In particular, by refraining from deporting or expelling them to Venezuela until the domestic authorities have duly assessed, in accordance with applicable international standards, the alleged risks faced. Read the resolution.

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Resolution No. 59/19
PM 984-19 - Child J.M.V, Trinidad and Tobago

On December 9th, 2019, the IACHR decided to grant precautionary measures in favor of the child J.M.V., a one-year-old who was placed under the State's custody shortly after he was born and has not had contact with his biological family until the present time. According to the applicants, the decision denying interim custody in favor of J.M.V.'s mother has not been reviewed to date, even though almost a year has passed since it entered into force. Moreover, based on the information provided by the applicants, no decision has been rendered concerning visitation rights. As established in previous matters, the mere passage of time is a determinant factor in assessing whether children's rights to personal integrity, identity and family life may be irreparably harmed. Indeed, the absence of any relationship with his biological family is susceptible of severely affecting his rights, considerably more given his age and the role of such interaction at this early age in the framing of his psychology and identity. Consequently, pursuant to Article 25 of its Rules of Procedure, the Commission requested the State of Trinidad and Tobago to take the necessary measures to protect the rights to personal integrity, identity and family of J.M.V. In particular, by timely processing the proceedings and evaluating whether the measures dictated in his regard comply presently with his best interest as a child, according to the applicable international standards on the matter, as founded by updated pertinent technical assessment, in light of paragraphs 17, 19-21 of the present Resolution.

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Resolution No. 28/17
PM 440-16 - Zaheer Seepersad, Trinidad and Tobago

On August 4, 2017, the IACHR decided to request that precautionary measures be adopted for Zaheer Seepersad, in Trinidad and Tobago. The application for precautionary measures alleges that the beneficiary suffers from "dystonia" and is at risk due to his medical condition and the threat of being hospitalized in a psychiatric institution, which could aggravate his condition. Having analyzed the allegations of fact and law, the IACHR considers that the information submitted shows, prima facie, that the beneficiary's situation is serious and urgent because of his state of health and the alleged lack of adequate medical care. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requested that Trinidad and Tobago adopt the necessary measures to protect the life and personal integrity of the proposed beneficiary, taking into consideration his medical condition and his condition as a person with disability, and in particular ensuring him access to adequate medical treatment and therapies. The Commission also requested that the State consult the measures to be implemented with the proposed beneficiary and his representatives to ensure their agreement and that it report on the actions taken to investigate the allegations that gave rise to the adoption of this precautionary measure, so as to avoid a recurrence.

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Resolution No. 13/14
PM 83-14 - Keron López and Garvin Sookram, Trinidad and Tobago

On May 19, 2014, the IACHR asked that precautionary measures be adopted pursuant to Article 25 of its Rules of Procedure in order to prevent irreparable harm to Keron Lopez and Garvin Sookram, who were sentenced to death in Trinidad and Tobago. The request for precautionary measures was accompanied by two petitions alleging the violation of rights recognized in the American Declaration of the Rights and Duties of Man; such petitions were registered under the numbers P-331-14 and P-360-14. Through its resolution, the Commission asked the Government of Trinidad and Tobago to refrain from executing Keron Lopez and Garvin Sookram until the IACHR has ruled on the merits of the individual petitions filed on their behalf. Read the resolution

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