IACHR grants precautionary measures to Nicaraguan national Reinaldo Picado in Costa Rica

November 26, 2024

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Resolution 90/2024

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Washington, D.C. — On November 25, 2024, the Inter-American Commission on Human Rights (IACHR) issued Resolution 90/2024 granting precautionary measures to Reinaldo Picado, after determining his rights to life and personal integrity to be at grave and urgent risk of experiencing irreparable harm in Costa Rica.

According to the request, the beneficiary is at risk of torture if he is returned to Nicaragua, his country of origin. He currently faces an extradition order stemming from multiple criminal accusations and is in the process of seeking asylum before Costa Rica's Administrative Migration Tribunal.

The Costa Rican State urged the IACHR to consider the thorough analysis conducted by state authorities in both the administrative and judicial spheres regarding the appropriateness of the extradition order and the international protection sought by the beneficiary. The State also requested that the IACHR close this case, noting that Reinaldo Picado's extradition order remains pending before the Administrative Migration Tribunal.

After acknowledging the human rights violations in Nicaragua and commending Costa Rica's efforts to address the forced migration of Nicaraguan nationals, the IACHR noted that it lacks the authority to order the States to grant international protection or other forms of complementary protection. However, in line with the principle of complementarity within the Inter-American System and the information presented, the IACHR stressed the importance of evaluating the risks faced by the beneficiary, highlighting the precedent set by the case of Douglas Gamaliel. The IACHR identified several risk indicators that align with the broader context of severe human rights violations in Nicaragua. These indicators underscore the need for a comprehensive internal assessment within the framework of the ongoing administrative and judicial proceedings involving Reinaldo Picado.

The IACHR concluded that the information presented proves, prima facie, that the beneficiary is extremely vulnerable, with his rights to life and personal integrity at risk of irreparable harm.

Consequently, to assist Costa Rica in fulfilling its international obligations, the IACHR requested that the State adopt the necessary measures to protect the rights to life and personal integrity of Reinaldo Picado. Specifically, it called on the State to refrain from deporting, expelling, or extraditing the beneficiary to Nicaragua until the competent domestic administrative and judicial authorities have thoroughly assessed the alleged risks that may result from this. It also urged the State to ensure that its actions comply with the applicable international standards and the principle of nonrefoulement, given the risks that would be posed to the beneficiary's life and physical integrity were he deprived of his freedom in Nicaragua's current context.

The granting of these precautionary measures and their implementation by the State does not constitute a decision on any petitions that may be filed with the inter-American system concerning violations of rights protected by the American Convention on Human Rights and other applicable instruments.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 293/24

6:37 PM