Precautionary Measures
Resolution No. 12/23
PM 492-21 - Juan Carlos Soni Bulos et al., Mexico
On March 21, 2023, the Inter-American Commission on Human Rights adopted Resolution 12/2023, by which it granted precautionary measures in favor of Juan Carlos Soni Bulos et al., upon considering that they are in a serious and urgent situation of the rights to life and personal integrity in Mexico.
It was alleged that in the context of the safety issues within the Huasteca area, there are violent acts specifically directed against Juan Carlos Soni Bulos, his family members, and close colleagues. This situation has reportedly persisted over time. The Commission assessed the intensification of recent threats, harassment, and/or acts of violence allegedly carried out by organized armed groups, and which have been brought to the attention of the Protection Mechanism. In addition, the Commission considered that, regarding Juan Carlos Soni and three other beneficiaries, the State has maintained protection measures for a period of eight years, regardless of their origin or relationship with the defense of human rights. Moreover, the IACHR assessed the scope of the protection measures implemented by the State, however, they are reportedly not mitigating or reducing the risk factors. Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
- Immediately adopt the necessary measures to preserve the life and personal integrity of the duly identified beneficiaries;
- Consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- Report on the actions taken to investigate the alleged facts that led to the adoption of these precautionary measures.
Resolution No. 11/23
PM 41-22 - Hedme Fátima Castro Vargas and her family unit, Honduras
On March 6, 2023, the IACHR granted precautionary measures in favor of Hedme Fátima Castro Vargas and her family unit, after considering that they are in a serious and urgent situation posing a risk of irreparable harm to their rights in Honduras. In the request for precautionary measures, it is alleged that Hedme Fátima Castro Vargas, who is a human rights defender and executive director of the Association for Participatory Citizenship (ACI-PARTICIPA), is being subjected to monitoring, surveillance, threats, and other threatening events in the exercise of her duties. In the request, it is also pointed out that despite having current protection measures in place, these are not being adequately implemented nor have corresponding corrective actions been taken to the date, which has allowed the ongoing and permanent threatening situation to the detriment of Ms. Hedme Fátima Castro Vargas and her family members. Therefore, the State of Honduras is requested to:
- adopt the necessary measures, with a gender approach, to protect the rights to life and personal integrity of Ms. Hedme Fátima Castro Vargas and the members of her family unit;
- adopt the necessary protective measures, with the corresponding gender approach, in order for Ms. Hedme Fátima Castro Vargas to continue carrying out her activities in defense of human rights without being subject to threats, intimidation, harassment, and acts of violence;
- consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such events from reoccurring.
Resolution No. 10/23
PM 938-22 - Members of the Boa Hora III/Marmorana Quilombola Territory, located in the rural area of Alto Alegre do Maranhão, in the State of Maranhão, Brazil
On February 27, 2023, the IACHR decided to grant precautionary measures in favor of members of the traditional Afro-descendant Quilombola people of the Boa Hora III/Marmorana Quilombola Territory, in the state of Maranhão, in Brazil. According to the request, a landowner invaded part of the territory, tore down the fences of the residents, surrounded the community’s plantation areas, and prevented access to the natural source of water used by the community. The above, allegedly with the use of armed men, who would be monitoring and threatening the beneficiaries. The Commission appreciated the information provided by the State; however, it observed that the applicants have referred to the continued presence of armed men in the community, intimidation actions against the beneficiaries, and the absence of collective protection measures adopted by the State. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Brazil:
- adopt the necessary and culturally appropriate measures, with a due ethnic-racial approach, to protect the rights to life and personal integrity of the members of the Boa Hora III/Marmorana Quilombola Territory. Similarly, the State must guarantee that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, with respect to threatening acts attributable to third parties;
- consult and agree upon the measures to be adopted with the beneficiaries and/or their representatives; and
- report on the actions taken to investigate the facts that gave rise to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 5/23
PM 729-22 - Liz Patricia Benavides Vargas and her family unit, Peru
On February 6, 2023, the Inter-American Commission on Human Rights adopted Resolution 5/2023, by which it granted precautionary measures in favor of de Liz Patricia Benavides Vargas and her family unit. The IACHR considered the current context of institutional crisis in the country, as well as the investigations she is carrying out as Attorney General.
The Commission also acknowledged and appreciated that the State is providing material protection to the proposed beneficiary and that it has even increased the personnel that make up her security detail within the framework of domestic provisions. However, given the situation raised, these personnel are said to be insufficient, and their increase has been allegedly denied.
Consequently, pursuant to Article 25 of its Rules of Procedure, the IACHR requested that the State of Peru:
- adopt the necessary measures to guarantee the rights to life and personal integrity of the beneficiaries;
- consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.
Resolution No. 4/23
PM 931-22 - Guillermo Andrés Mosquera Miranda et al., Colombia
On February 6, 2023, the IACHR decided to grant precautionary measures in favor of Guillermo Andrés Mosquera Miranda, Nidia Marcela Montoya, Carlos Mauricio Mosquera Miranda and their families. Guillermo Andrés Mosquera Miranda and his partner, Nidia Marcela Montoya, are teachers in the department of Cauca and peasant social leaders. Carlos Mauricio Mosquera Miranda, was a candidate for the House of Representatives of the legislative elections for the jurisdiction of peace during 2022. According to the request, the beneficiaries have suffered death threats from illegal armed groups, were victims of forced displacement and were subjected to acts of violence. The Commission appreciated the actions taken by the State and the information available; however, it noted that the applicants have referred to the ongoing threats from illegal armed groups and the lack of protective measures taken by the State. Therefore, in the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Colombia:
- adopt the necessary measures to protect the life and personal integrity of Carlos Mauricio Mosquera Miranda, Guillermo Andrés Mosquera Miranda, Nidia Marcela Montoya, and their family units;
- adopt the necessary measures to ensure that the beneficiaries can continue to carry out their activities as human rights defenders without being subjected to threats, intimidation, harassment, or acts of violence;
- consult and agree upon the measures with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of these precautionary measures, so as to prevent such events from reoccurring.
Resolution No. 3/23
PM 892-22 - Pascuala López López and her family unit , Mexico
On January 26, 2023, the Inter-American Commission on Human Rights adopted Resolution 3/2023, through which it granted precautionary measures for the benefit of Pascuala López López and her family unit.
The Commission considered that the existence of a situation entailing a serious risk to the beneficiary’s rights to life and personal integrity related to her position regarding the elections of authorities in the ejido Cuxtitalli el Pinar, Chiapas, and on the demands for justice for the murder of her son occurred in February 2020 is sufficiently established, and that the risk events have continued to present themselves against her and her relatives. Additionally, the Commission noted that no substantive progress has been made in sanctioning those who would be responsible for the risk events, which is a relevant aspect when establishing the risk that the beneficiary would face and the likelihood of their recurrence.
Consequently, pursuant to the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
- take the necessary measures to guarantee the life and personal integrity of Ms. Pascuala López López and her identified relatives, and, specifically, ensure their safety and prevent acts of threats, intimidation, and violence against them by third parties, whilst considering the differentiated approaches based on their gender and cultural relevance;
- consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.
Resolution No. 2/23
PM 876-22 - Eleven members of the Jesuit community of Cerocahui, Tarahumara, municipality of Urique, Chihuahua, Mexico
On January 22, 2023, the Inter-American Commission on Human Rights adopted Resolution 2/2023, by which it granted precautionary measures to eleven members of the Jesuit community of Cerocahui, Tarahumara, in the municipality of Urique, Chihuahua, Mexico. The Commission considered that the beneficiaries are prima facie in a situation that places them at serious risk in the face of threats and aggressions, perpetrated by a criminal group, which also prevents the normal development of their pastoral activities and support to the communities of the area. The Commission noted that the situation of the proposed beneficiaries is framed in a context of violence and insecurity that especially affects the inhabitants of the region of Tarahumara, Chihuahua, primarily after the murder of two Jesuit priests on June 20, 2022, inside their own temple. The Commission also observed that there is a context of stigmatization and delegitimization of the proposed beneficiaries after their complaints and actions linked to the investigation into the murder of Jesuit priests, and questions about their position on the security policies of the State.
Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
- adopt the necessary security measures to protect the life and personal integrity of the beneficiaries. Among these measures, their safety must be guaranteed and any acts of threat, intimidation, and violence against them by third parties must be prevented;
- adopt protective measures that allow the proposed beneficiaries to continue carrying out their pastoral work without being subjected to threats, intimidation, harassment, and acts of violence against them;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- report on the actions taken to investigate the facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 1/23
PM 42-23 - Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia, Mexico
On January 22, 2023, the IACHR decided to grant precautionary measures in favor of Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia, in Mexico. The request for precautionary measures indicates that since January 15, 2023, the whereabouts or fate of the beneficiaries is unknown. It was also reported that prior to their disappearance, both beneficiaries participated in a communal assembly in Aquila, Michoacán, a community where Ricardo Lagunes provided legal accompaniment and Antonio Díaz is a community leader. Pursuant to Article 25 of its Rules of Procedure, the Commission requested that the State of Mexico:
- redouble the efforts to determine the whereabouts or fate of Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia, in order to protect their rights to life and personal integrity; and
- report on the actions taken to investigate the facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.