Precautionary Measures

Resolution No. 5/21
PM 1068/20 - Yandier García Labrada, Cuba

On January 7, 2021, the IACHR granted precautionary measures in favour of Yandier García Labrada. According to the request, the beneficiary, who is an activist and member of the Christian Liberation Movement, is currently detained in the “El Típico” prison for the crimes of “contempt and public disorder.” He finds himself at risk in the context of his deprivation of liberty as a result of an alleged lack of adequate medical care following beatings received during his detention. Having analyzed the submissions of fact and law presented by the applicants, the Commission considers that the information presented demonstrates prima facie that Mr. Yandier García Labrada finds himself in a serious and urgent situation, given that his rights to life and personal integrity are at risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR’s Rules of Procedure, the Commission requests that Cuba: a) adopt the necessary measures to protect the life and personal integrity of Mr. Yandier García Labrada; in particular, guarantee that his conditions of detention are in conformity with the applicable international standards; b) agree upon the measures to be implemented with the beneficiary and his representatives; and, c) report on the actions taken in order to investigate the alleged events that led to the adoption of this resolution with the aim of preventing their reoccurrence.

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Resolution No. 4/21
PM 1286/18 - Twenty persons diagnosed with Multiple Sclerosis, Venezuela

On January 7, 2021, the IACHR decided to extend precautionary measures to twenty persons with multiple sclerosis in Venezuela. According to the beneficiaries’ representation, these individuals are at risk due to the lack of adequate medical treatment for their medical conditions. The Venezuelan Institute of Social Security (IVSS) is allegedly not delivering the prescribed medicines required by the beneficiaries for their medical conditions, despite the actions taken to obtain them. The impacts on the health of the people suffering as a result of the lack of their prescribed medical treatments were detailed in the request. Consequently, in accordance with Article 25 of the Rules of Procedure of the IACHR, the State of Venezuela was requested to: a) Adopt the necessary measures to protect the life, personal integrity, and health of the beneficiaries, by adopting immediate measures that enable access to adequate medical treatment, including the necessary medications as prescribed by the corresponding doctors, as well as the diagnoses and examinations to regularly evaluate their state of health, according to the applicable international standards.

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Resolution No. 3/21
PM 968/20 - Mariano Valle Peters, Nicaragua, Nicaragua

On January 8, 2021, the IACHR decided to grant precautionary measures in favor of Mariano Valle Peters, after finding that his right to freedom of expression is at serious and urgent risk of irreparable harm in Nicaragua. Upon analyzing the request, the Commission considered the exceptional context of the human rights crisis that Nicaragua is undergoing, which has been directly confirmed by the IACHR and monitored by its MESENI. The Commission noted that, according to the available information, Mr. Valle Peters owns and oversees the general editorial line of the media outlet Canal 12, reportedly the only nationwide television station that constantly relays the news with a critical view of the government. Furthermore, the Commission found that Mr. Valle Peters faces serious difficulties in exercising his right to freedom of expression, due to his role within the television media and within the current context of Nicaragua. Therefore, Nicaragua was urged to guarantee the measures that will allow the beneficiary to continue exercising his right to freedom of expression, by adopting the pertinent actions and refraining from adopting those that hinder such right. Among such measures, the State is requested to refrain from carrying out the decision to auction or sell the Canal 12 media outlet until an examination has been made of the impact that such a decision would have on the exercise of Mr. Valle Peters' freedom of expression.

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