On April 22, 2021, the IACHR granted precautionary measures in favour of Kevin Roberto Solís. According to the request, the beneficiary –a university student, social activist and government opponent–, finds himself in a situation of risk in the context of his deprivation of liberty due to beatings received during his detention, as well as his detention conditions and an alleged lack of medical attention. After analyzing the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that Kevin Roberto Solís finds himself in a serious and urgent situation, given that his rights to life, personal integrity and health are at risk of irreparable harm. Consequently, the Commission requests that Nicaragua:
On January 4, 2021, the IACHR decided to grant precautionary measures in favor of the members of the Guajajara and Awá Indigenous Peoples in voluntary isolation, located in the Araribóia Indigenous Land. According to the request, the persons proposed as beneficiaries are at risk in the context of the COVID-19 pandemic, particularly considering their particular situation of vulnerability, lack of health care, and the presence of unauthorized third parties in their territory. Therefore, in accordance with Article 25 of the Rules of Procedure, the IACHR requested that Brazil:
On December 11, 2020, the IACHR decided to grant precautionary measures to members of the Muduruku Indigenous People. The applicants alleged that the beneficiaries are at risk in the context of the COVID-19 pandemic, especially given their particular vulnerability, health care failures and the presence of unauthorized third parties in their territory. Upon analyzing the allegations of fact and law provided by the applicants, the IACHR considered, based on the applicable prima facie standard, that the members of the Munduruku Indigenous People are in a serious and urgent situation, given that their rights face a risk of irreparable harm. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Brazil adopt the necessary measures to protect the rights to health, life and personal integrity of the members of the Munduruku Indigenous People, implementing, from a culturally appropriate perspective, measures to prevent the spread of COVID-19, as well as providing them with adequate medical care in terms of availability, accessibility, acceptability and quality, in accordance with applicable international standards; agree on the measures to be adopted with the beneficiaries and their representatives; and report on the actions implemented to investigate the facts that gave rise to the adoption of this precautionary measure and thus avoid its repetition.
On November 2, 2020, the IACHR granted precautionary measures of protection to 41 persons deprived of their liberty in Nicaragua. According to the request, persons deprived of their liberty in Nicaragua, whom they identified as “political prisoners” located in 7 different penitentiary centers in the country, are at risk given the conditions of detention and the alleged lack of medical care in the current framework of COVID-19 pandemic. The Commission requested that the State of Nicaragua:
On October 28, 2020, the Commission granted precautionary measures to Jorge Ernesto Zea López, a person deprived of liberty in Colombia. According to the request, the proposed beneficiary, who suffers from amyotrophic lateral sclerosis (ALS) and is currently deprived of his liberty, does not receive adequate medical treatment for his disease, a situation that may be aggravated in the framework of a COVID-19 infection. The Commission requested that Colombia: a) adopt the necessary measures to protect the rights to life, personal integrity, and health of Mr. Jorge Ernesto López Zea; in particular, by providing him with the medical treatment that he requires in a timely manner and without undue delay, as well as guaranteeing that his conditions of detention are in accordance with the applicable international standards. In this regard, the competent authorities must, in accordance with their internal regulations, and while the situation of Mr. Jorge Ernesto López Zea is again submitted to the corresponding technical evaluations, with a view to obtaining an alternative measure to prison, guarantee that the proposed beneficiary is located in an area, space or structure suitable to meet his needs for treatment and prevention against COVID-19, in accordance with the recommendations issued by the respective experts and as indicated by this Commission.
On August 1, 2020, the IACHR decided to grant precautionary measures in favor of Facundo José Astudillo Castro in Argentina. The request for precautionary measures indicates that the beneficiary has been missing since April 30, 2020, when he was traveling to another city and was detained by police officers for violating the quarantine imposed by the COVID-19 pandemic. Since that day, his whereabouts or location is unknown. Having analyzed the arguments of fact and law provided by the parties, the Commission considered that, from the applicable prima facie standard, Facundo José Astudillo Castro is in a serious and urgent situation, given that his rights face a risk of irreparable harm. Consequently, pursuant to Article 25 of its Rules of Procedure, the Commission requested that Argentina adopt the necessary measures to determine the situation and whereabouts of Facundo José Astudillo Castro, in order to protect his rights to life and personal integrity. In this sense, the Commission urges the State to guarantee effective search actions through its specialized mechanisms created for such purposes; b) consult and agree upon the measures to be adopted with the relatives and representatives of the beneficiary; and c) implement actions aimed at investigating the facts that motivated the granting of this precautionary measure, so as to prevent such incidents from reoccurring.
On July 27, 2020, the IACHR granted precautionary measures to the migrants detained at the Northwest Detention Center (“NWDC”), located in Tacoma, Washington. The IACHR noted that the beneficiaries were at risk given the alleged lack of sufficient and proper measures to effectively prevent the spread of the COVID-19 within the facility, as well as proper access to available remedies to assess the continuity of their deprivation of liberty in this context, particularly those who might be in a high-risk category. In addition, applicants reported a series of detention conditions, including the need of adequate medical treatment, which accrued the seriousness of the situation faced by the beneficiaries. Upon analyzing the available information, the IACHR deemed that the requirements set out in Article 25 of its Rules of Procedure were sufficiently met. It therefore requested that the United States:
On July 17, 2020, the IACHR decided to grant precautionary measures to members of the Yanomami and Ye'kwana Indigenous Peoples in Brazil. The request for precautionary measures sustains that the population of the Yanomami Indigenous Land is at particular risk in view of the COVID-19 pandemic, considering their immune vulnerability, faults in the health system for this population, illegal presence of third parties in their territory, mercury contamination, and acts of violence against indigenous leaders. Upon analyzing the arguments of fact and law submitted, the IACHR considered that, from the applicable prima facie standard, the members of the Yanomami and Ye'kwana Indigenous Peoples are in a serious and urgent situation, given that their rights are at risk of irreparable harm. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Brazil: