Precautionary Measures

Resolution No. 87/18
PM 204-17 - Jani Silva, Hugo Miramar and Saúl Luna (Leaders of the Perla Amazónica Peasant Reserve Zone), Colombia

On December 3, 2018, the IACHR decided to request the adoption of precautionary measures in favor of Jani Silva, Hugo Miramar, and Saúl Luna (Leaders of the Perla Amazónica Peasant Reserve Zone), in Colombia. The request for precautionary measures filed on March 23, 2017 alleged that the rights to life and personal integrity of 800 families in the Perla Amazónica Peasant Reserve Zone, located in Puerto Asís, Putumayo, were at risk due to alleged impact of extractive operations carried out in the "Platanillo Block," which allegedly overlaps the Reserve Zone. It also requested that the rights of Jani Silva (legal representative of the Perla Amazónica-ADISPA Association for Sustainable Integral Development of the Reserve Zone), Hugo Miramar (husband of Jani Silva), and Saúl Luna (prosecutor of ADISPA of the Reserve Zone), and of the inhabitants of the communities, hamlets and/or "veredas" of the Reserve Zone, be protected against the actions of illegal armed groups in the zone. After analyzing the factual and legal allegations of the parties, in light of the specific context in which they allegedly took place, the Commission considers that Jani Silva, Hugo Miramar and Saúl Luna are, in principle, in a situation of gravity and urgency, since their rights to life and personal integrity are at risk. Consequently, in accordance with article 25 of its Rules of Procedure, the Commission requests the State of Colombia to take the necessary measures to guarantee the rights to life and personal integrity of Jani Silva, Hugo Miramar and Saúl Luna. The Commission considers it pertinent that, in addition to the security forces deepening their efforts and coordination in the protection of the beneficiaries, they ensure that the measures to be implemented are culturally appropriate, taking into account that Jani Silva and Hugo Miramar are members of the same family, as well as the importance of guaranteeing the safe presence of the leaders within the Reserve Zone, given the role they play. The IACHR requested that the State agree on the measures to be implemented with the beneficiaries and their representatives and to report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution and thus avoid its repetition.

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Resolution No. 83/18
PM 283-18 - T.S.G.T., Colombia

On November 5, 2018, the IACHR decided to grant precautionary measures in favor of the child T.S.G.T., in Colombia. His identity is kept confidential in view of the Commission's practice of not revealing the identity of children and adolescents. The request filed by petitioners alleged that four-year-old T.S.G.T. suffers from the "Othara-West" and "Lennox-Gastaut" syndromes, incurable diseases with grave consequences. In particular, applicants claimed that the child is in a serious risk since the medical treatment he is receiving is not adequate. After analyzing the allegations in fact and in law, the IACHR considered that the information presented shows, prima facie, that the beneficiary is in a situation of seriousness and urgency, given that he might face an imminent and irreparable harm. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested Colombia to adopt the necessary measures to safeguard the life, personal integrity and health of T.S.G.T. In particular, it considered it urgent that a medical board be immediately carried out in accordance with the indications of the beneficiary's treating physicians, and that the State guarantee access to adequate medical treatment following the assessment of the relevant experts. The IACHR also requested that the measures to be adopted be agreed with the beneficiary and his representatives.

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Resolution No. 81/18
PM 490-18 - M.B.B.P., Panama

On October 15, 2018, the IACHR decided to request the adoption of precautionary measures in favor of M.B.B.P., in Panama. The IACHR decided to keep the person's identity confidential. The request for precautionary measures alleges that the beneficiary is a Venezuelan citizen immersed in deportation proceedings initiated after it was detected that she lives with the Human Immunodeficiency Virus (HIV). According to the application, the expulsion order places her at risk because, if she were returned to her country of origin, she would face a context of shortages and lack of access to medical care, particularly with regard to her treatment. After analyzing the allegations in fact and in law, the IACHR considers that the information presented demonstrates, prima facie, that the beneficiary is in a situation of seriousness and urgency. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested Panama to adopt the necessary measures to safeguard the life and personal integrity of the beneficiary; to adopt the necessary measures to guarantee the rights to life, personal integrity, and health of M.B.B.P.; in particular, to abstain from deporting or expelling the beneficiary to Venezuela until the domestic authorities have duly assessed, in accordance with applicable international standards, the alleged risk faced with respect to her health situation.

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Resolution No. 79/18
PM 1039-18 - Juan Carlos Requesens Martínez, Venezuela

On October 11, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Juan Carlos Requesens Martínez in Venezuela. The request for precautionary measures alleges that the beneficiary runs a serious risk, given the circumstances in which he is allegedly being deprived of his liberty at the headquarters of the Bolivarian National Intelligence Service (SEBIN, by its Spanish acronym) in Caracas. 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 Venezuela to adopt any measures necessary to preserve the beneficiary’s life and personal integrity; and to take any measures necessary to protect his rights to health, life and personal integrity in the current context of his deprivation of liberty, ensuring that he will not be subjected to violence. In particular, given the allegations made in the request for precautionary measures, Commission deems it relevant to implement any measures necessary to ensure that an international organization or institution that is independent, impartial and competent can verify the beneficiary’s current circumstances.

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Resolution No. 76/18
PM 145-18 - C.L. and others, Venezuela

On October 4, 2018, the IACHR decided to request the adoption of precautionary measures in favor of C.L. and other 42 persons in Venezuela. Their identity is kept confidential at the request of the beneficiaries and their representatives. The request for precautionary measures alleges that the beneficiaries are at risk due to the lack of constant delivery of antiretroviral (ARV) drugs to adequately treat their medical condition, since these people live with Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS). After analyzing the legal and factual allegations, the IACHR considers that the information presented demonstrates, prima facie, that the 43 beneficiaries are in a situation of seriousness and urgency. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested Venezuela to adopt the necessary measures to safeguard the lives and personal integrity of the 43 beneficiaries; to adopt the necessary measures to protect their health, life, and personal integrity through the adoption of immediate measures that allow access to adequate medical treatment, as well as diagnoses and medical examinations that allow for a regular evaluation of their state of health, in accordance with applicable international standards.

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Resolution No. 75/18
PM 862-18 - Luis Humberto de la Sotta Quiroga, Venezuela

On October 3, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Luis Humberto de la Sotta Quiroga in Venezuela. The request for precautionary measures alleges that the beneficiary runs a serious risk, particularly for his conditions of detention and for a lack of medical assistance to treat his high blood pressure. The beneficiary has been deprived of his liberty at the headquarters of the Military Counterintelligence Department (DGCM, by its Spanish acronym) since May 2018. He suffered ill-treatment when he was arrested, and his conditions of detention have allegedly been precarious since then. 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 Venezuela to adopt any measures necessary to protect Luis Humberto de la Sotta Quiroga’s rights to life, personal integrity and health. In particular, Venezuela should ensure that the beneficiary has access to drugs and medical care suitable for his health condition. The Commission further decided to ask the Venezuelan State to take any measures necessary to ensure that Luis Humberto de la Sotta Quiroga’s conditions of detention reflect applicable international standards; to come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this resolution, to prevent such events from happening again in the future.

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Resolution No. 67/18
PM 807-18 - Yaku Pérez Guartambel, Ecuador

On August 27, 2018, the IACHR decided to request the adoption of precautionary measures in favor of Yaku Pérez Guartambel, who identifies as a member of the Cañari indigenous group in Ecuador. The request alleges that the beneficiary is at risk due to his work as a defender of the rights of indigenous people and the environment, as his stance against the mining industry has been discredited by sectors that identify as being "pro-mining," who have allegedly threatened him. After analyzing the allegations of fact and law, the IACHR considers that the information that has been put forward proves, in principle, that Yaku Pérez Guartambel is at grave risk. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested that Ecuador take the necessary steps toward guaranteeing the rights to life and personal integrity of the beneficiary; that it take all culturally appropriate steps necessary to guarantee that Yaku Pérez Guartambel can continue to go about his work as a human rights defender without suffering threats, harassment, or acts of violence in the course of doing so; that it determine the measures to be implemented in consultation with the beneficiary and his representatives; and that it report on the actions it takes to investigate the allegations that led to the adoption of this precautionary measure, so as to prevent them from being repeated.

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Resolution No. 43/18
PM 44-18 - Families of the Maya Q'eqchi' community La Cumbre Sa'kuxhá, Guatemala

On June 18, 2018, the IACHR moved to request the adoption of precautionary measures in favor of the families of the Maya Q’eqchi’ community La Cumbre Sa’kuxhá, in Guatemala. The request for precautionary measures alleges that the proposed beneficiaries are at risk after having been evicted on November 1, 2017 from an area they had previously been holding. They are allegedly in a "precarious" situation, given conditions at the site where they now live, reportedly without access to essential services to enable their subsistence. 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 Guatemala to take any measures necessary to protect the rights to life and personal integrity of indigenous families of the Maya Q’eqchi’ community La Cumbre Sa’kuxhá, through culturally appropriate measures aimed at improving conditions (regarding, among other things, accommodation, sanitation, health, food and access to drinking water, particularly for children, women and older persons); to adopt culturally appropriate measures to protect the lives and personal integrity of members of those families and to prevent acts of violence by third parties; to come to an agreement with the beneficiaries and their representatives regarding any measures that need to be taken, considering the importance of safeguarding beneficiaries’ cultural identity; and to report on any actions taken to investigate the events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.

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Resolution No. 42/18
PM 798-17 - Juan Carlos Caguaripano, Venezuela

On June 8, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Juan Carlos Caguaripano in Venezuela. The request for precautionary measures alleges that the proposed beneficiary is at risk due to his health condition and to a lack of access to adequate medical treatment. 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 Venezuela to adopt any measures necessary to preserve the health, life and personal integrity of Juan Carlos Caguaripano, by providing medical assistance suitable for his health problems, in accordance with applicable international standards; to come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.

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Resolution No. 27/18
PM 1014-17 - U.V.O. indigenous girl and her family, Mexico

On May 5, 2018, the IACHR moved to request the adoption of precautionary measures in favor of the indigenous girl U.V.O. and her family (her father, mother, paternal grandfather, paternal grandmother and maternal uncle) in Mexico. Her identity is being withheld in compliance with the IACHR practice of not disclosing the identity of children and adolescents. The request for precautionary measures alleges that they are being subjected to threats, intimidation and informal accusations within their community for having reported the alleged rape of U.V.O., who suffers health problems as a consequence. 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 Mexico to take any measures necessary to preserve the life, personal integrity and health of the girl U.V.O., in compliance with international standards on the issue and with her best interests in mind, including identified members of her family; to adopt any culturally appropriate measures, with a gender perspective and her best interests in mind, to ensure she continues to benefit from and to have access to the medical and psychological care she needs; to adopt any culturally appropriate measures, with a gender perspective and her best interests in mind, to protect her right to education and to enable her to attend school in a safe environment; to adopt any community-based measures necessary, with a gender and cultural perspective, to allow the indigenous girl U.V.O. and her family to live safely in their community; to come to an agreement with the beneficiary and her representatives regarding any measures that need to be taken, considering the girl’s opinion and her best interests; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.

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Resolution No. 23/18
PM 48-18 - adolescent M, Mexico

On April 2, 2018, the IACHR moved to request the adoption of precautionary measures in favor of the adolescent known as M in Mexico. His identity is being withheld in compliance with the IACHR practice of not disclosing the identity of children and adolescents. The request for precautionary measures alleges that the beneficiary was arrested by officers of the State, that his whereabouts were unknown for six days and that, after being located, he is at risk given the state of his mental health and his broader condition. 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 Mexico to take any measures necessary to preserve M’s life, personal integrity and health, taking into account his status as an adolescent and the need to protect his best interests; and to come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken—particularly those concerning medical and psychological care—protecting his autonomy and the need to obtain informed consent from the beneficiary and his parents in order to implement any medical and psychological examinations and treatment that specialists deem necessary.

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Resolution No. 17/18
PM 54-18 - Germán Chirinos Gutiérrez, Honduras

On March 8, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Germán Chirinos Gutiérrez in Honduras. As stated in the request, the beneficiary has been subjected to death threats, harassment, and acts of violence by unidentified subjects in retaliation for his work campaigning against specific mining projects. After analyzing the allegations of fact and law, the IACHR believes that the information that has been put forward proves, in principle, that the beneficiary is at grave risk. Consequently, in accordance with Article 25 of the IACHR’s Rules of Procedure, the Commission requested that Honduras take the necessary steps toward protecting the rights to life and personal integrity of the beneficiary; that it take steps to guarantee that he can go about his work as a human rights defender without being subject to threats, harassment, or acts of violence in the course of doing so; that it determine the measures to be adopted in consultation with the beneficiary and his representatives; and that it report on the actions it takes to investigate the allegations that led to the adoption of this precautionary measure, so as to prevent them from being repeated.

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Resolution No. 16/18
PM 39-18 - Eduardo Cardet Concepción, Cuba

On February 24, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Eduardo Cardet Concepción in Cuba. The request for precautionary measures alleges that the proposed beneficiary, who is being deprived of his liberty at a maximum security prison, was recently attacked by other inmates and, despite the injuries he suffered, is not receiving adequate medical care. 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 Cuba to take any measures necessary to protect the life and personal integrity of Eduardo Cardet Concepción and to ensure he has access to adequate medical care to suit his needs; to come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken; and to report on any actions taken to investigate the events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.

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Resolution No. 12/18
PM 772-17 - Locals who consume water from the Mezapa River, Honduras

On February 24, 2018, the IACHR moved to request the adoption of precautionary measures in favor of the Planes de Arena Blanca community, the Pajuiles Alto community, the Pajuiles Bajo community, the Las Metalias community and the Santa Rosa del Norte Mezapa community, in Honduras. The request for precautionary measures alleges that persons who consume water from the Mezapa River in those communities are at risk given high levels of pollution. After assessing the legal and factual allegations, the IACHR observed that the parties agreed that the water is unfit for human consumption, although they differed regarding the source of that pollution. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Honduras to report on any measures taken to mitigate, reduce and eliminate the sources of danger identified in this procedure; to conduct any necessary medical diagnoses relevant for the population in the identified communities, in order to provide adequate medical care in accordance with the applicable international standards, and to ensure those people have access to drinking water that is suitable for human consumption and domestic use; to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken; and to report on any actions taken to investigate the events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.

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Resolution No. 8/18
PM 1039-17 - Child Patients in the Nephrology Area at José Manuel de los Ríos Hospital, Venezuela

On February 21, 2018, the IACHR decided to request that precautionary measures be adopted for the children who are patients in the nephrology area at José Manuel de los Ríos Hospital, in Venezuela. The request for precautionary measures alleges that the proposed beneficiaries are at serious risk because of their state of health and the lack of adequate medical treatment, due to an alleged scarcity crisis and other structural deficiencies. Having analyzed the allegations of fact and law, the IACHR believes that the information presented shows, prima facie, that the beneficiaries’ situation is serious and urgent. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requested that Venezuela adopt the necessary measures to protect the life, personal integrity, and health of the child patients in the nephrology area at José Manuel de los Ríos Hospital in Caracas. Specifically, the Commission considers that the authorities should provide medical treatment that takes into account, among other aspects, access to the required medications and procedures, pursuant to the recommendations of the relevant experts, as well as fulfillment of the children’s nutritional needs and other supplementary measures, in keeping with their best interests. The Commission also asked Venezuela to adopt the necessary measures to ensure that the nephrology area that the children are in meets proper health and safety conditions, in line with applicable international standards; reach agreement with the beneficiaries and their representatives on the measures to be adopted; and report on the actions taken to investigate the allegations that led to the adoption of this precautionary measure, so as to avoid a recurrence.

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Resolution No. 7/18
PM 872-17 - Families who have been evicted and displaced from the Maya Q'eqchi' community Nueva Semuy Chacchilla, Guatemala

On February 10, 2018, the IACHR moved to request the adoption of precautionary measures in favor of the evicted and displaced families of the Maya Q’eqchi’ community Nueva Semuy Chacchilla in Guatemala. The request for precautionary measures alleges that the community is at risk after having been evicted on November 3, 2017. In particular, the people who filed the request noted that the community was living next to the estate Finca Trece Aguas, in a vulnerable situation and a "humanitarian emergency," without access to services that are essential for its subsistence. Later, on November 20, 2017, the community was allegedly displaced following the death of one of its members and after being subjected to attacks by third parties, which made it vulnerable. 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 decided to extend this precautionary measure and asked Guatemala to take any measures necessary to protect the rights to life and personal integrity of indigenous families of the community Nueva Semuy Chacchilla, through culturally appropriate measures aimed at improving conditions (regarding, among other things, sanitation, medical services and food, particularly for children, women and older persons); to adopt culturally appropriate measures to protect the lives and personal integrity of members of those families and to prevent acts of violence by third parties; and to come to an agreement with the beneficiaries and their representatives regarding any measures that need to be taken, considering the importance of safeguarding beneficiaries’ cultural identity as members of the Maya Q’eqchi’ community.

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Resolution No. 5/18
PM 885-17 - Luz Angela Niño Chacón, Colombia

On February 2, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Luz Angela Niño Chacón in Colombia. The request for precautionary measures alleges that the proposed beneficiary, who has metastatic facial and skin cancer, is not receiving adequate medical treatment despite having court decisions in her favor, and notes that her health condition is critical. 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 Colombia to adopt any measures necessary to preserve the health, life and personal integrity of Angela Niño Chacón, by providing medical assistance suitable for her health problems, in accordance with applicable international standards; and to come to an agreement with the beneficiary and her representatives regarding any measures that need to be taken.

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