Precautionary Measures

Resolution No. 53/21
PM 552-21 - Yiner Hernán Quiguantar Cortés, Colombia

On July 15, 2021, the IACHR decided to grant precautionary measures to Mr. Yiner Hernás Quiguantar Cortés, in Colombia. The request for precautionary measures alleges that the beneficiary, a social, youth and indigenous leader in Cauca, has been subjected to threats and harassment, while no suitable and effective protection measures have been implemented in his favor. Upon analyzing the submissions of fact and law provided by the applicants, the IACHR considered, from the applicable prima facie standard of review, that Yiner Hernán Quiguantar Cortés is in a serious and urgent situation, given that his rights to life and personal integrity face a risk of irreparable harm. Consequently, based on Article 25 of its Rules of Procedure, the Commission asked the State of Colombia to a) adopt the necessary measures to protect their rights to life and integrity. In particular, the State must ensure that the protection measures implemented are sufficiently effective and adequate, in light of the risks identified in the resolution, so that he can continue to carry out his activities as a social leader and human rights defender, without being subjected to risk events against him; b) consult and agree upon the measures to be adopted with the beneficiary and his representatives; and c) report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 28/21
PM 127-21 - Nelson Gabriel Lorío Sandoval and family, Nicaragua

On March 19, 2021, the IACHR granted precautionary protection measures to Nelson Gabriel Lorío Sandoval, Karina Alejandra Navarrete Sánchez, her daughter J.M.L.N. and her nephew Ángel Gabriel Umaña Navarrete. According to the request, the proposed beneficiaries are at risk due to their search for justice in the alleged murder of their 14-month-old son T.L.L.N. at the hands of police and "paramilitary" officers. Having analyzed the available information, in light of the applicable context and findings, the Commission considers that the information submitted shows prima facie that the rights to life and humane treatment of Nelson Gabriel Lorío Sandoval and his family are at serious and urgent risk. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that the State of Nicaragua: a) adopt the necessary measures to guarantee the rights to life and humane treatment of Nelson Gabriel Lorío Sandoval and his identified family members. In particular, the State must ensure that its agents respect the rights of the beneficiaries in accordance with the standards established by international human rights law, as well as in relation to acts of risk attributable to third parties; b) agree on the measures to be adopted with the beneficiaries and their representatives; and c) report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure so as to avoid their repetition.

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2009

PM 339/09 - Claudia Julieta Duque orrego and MAG, Colombia

On November 23, 2009, the IACHR granted precautionary measures for CJD and MAG, in Colombia. The request for precautionary measures alleges that the journalist CJD, who allegedly had been kidnapped in 2001 and forced to leave the country on three occasions, has been subject to ongoing threats and acts of harassment. The request indicates that on October 16, 2009, six individuals in four vehicles entered the residential complex where she lives, and some of them approached the door of her apartment. It adds that on June 20 and October 7, 2009, several calls were received on the cellular phones of CJD and her parents, in which unknown individuals asked about her younger daughter, MAG. The request also states that in 2008, CJD allegedly learned that her security escorts had produced intelligence reports on her and her daughter, in response to which she asked the Ministry of the Interior and Justice to appoint guards that she trusted. This request apparently received no response, and thus CJD petitioned the Constitutional Court for protection. On October 23, 2008, the Constitutional Court ordered the Ministry of the Interior and Justice to implement the security measures necessary to safeguard the life and physical integrity of CJD and ordered the Administrative Department of Security (DAS) to allow her access to the information about her in the entity's files. The request for precautionary measure indicates that the State has not complied with these orders, and that therefore there had apparently been an investigation into acts of contempt on June 11, 2009. The Commission asked the government of Colombia to adopt the measures necessary to guarantee the life and physical integrity of CJD and MAG, and to report on the actions taken to investigate the facts that led to the adoption of precautionary measures.

2008

PM 148/08 - JRP and family, Guatemala

On July 16, 2008, the Commission granted the request for precautionary measures for Mr. JRP and five members of his family, several of whom are children whose identity will remain confidential. The request seeking precautionary measures alleges, inter alia, that Mr. JRP and his family had received death threats because he brought a case alleging corruption of minors and coercion involving conduct affecting his daughter, a minor. The Commission asked the Guatemalan state to take the measures necessary to preserve the life and physical integrity of the beneficiaries. The Commission continues to monitor the situation.

PM 144/07 - Detainees at Toussaint Louverture Police Station in Gonaïves, Haiti

On June 16, 2008, the IACHR granted precautionary measures for the persons being held at the Toussaint Louverture Police Station in Gonaïves. The request seeking precautionary measures alleges, inter alia, that twelve minors in custody were co-mingled with the adult population and persons carrying HIV. The Commission asked the Haitian state to take the measures necessary to protect the lives and physical integrity of all persons deprived of their liberty in the Toussaint Louverture Police Station, to provide them with food, medical care and proper sanitation, and to transfer children deprived of their liberty to suitable detention facilities. The Commission continues to monitor the situation.

PM 254/07 - AW, Guyana

On February 12, 2008, the IACHR granted the request for precautionary measures for the child AW, whose identity will be kept confidential because of her age. The request seeking precautionary measures alleges, inter alia, that in 2002 a family member had handed the beneficiary over to an orphanage; even though members of the child’s biological family tried to adopt her, she was put up for adoption and given to another couple in 2004. The request alleges that the beneficiary is being abused in her adoptive home. The Commission asked the Guyana State to immediately check the beneficiary’s situation, report to the Commission and adopt measures to protect the life and physical integrity of the beneficiary. The Commission continues to monitor the situation.

PM 265/07 - MAA and her daughters, Mexico

On February 12, 2008, the IACHR granted the request for precautionary measures for MAA and her three daughters, whose identities are being kept confidential because of their age and the nature of the allegations made. The request seeking precautionary measures alleges that one of the girls had been the victim of a number of acts involving sexual abuse. The request states that when the problems were reported to the competent authorities, the girl was allegedly abducted between August 28 and 29, 2007, and that the family had allegedly been the target of harassment to get them to withdraw their complaint. On December 19, 2007, the Commission asked the State to provide information on the situation. After considering the additional information supplied by both parties, the Commission decided to ask the Mexican state to take the measures necessary to guarantee the life and physical integrity of the beneficiaries and to report what measures have been taken to conduct a judicial inquiry into the facts in this case that warrant enforcement of precautionary measures. The Commission continues to monitor the situation.

2007

26 Children in the process of being adopted, Guatemala

On November 21, 2007, the IACHR granted precautionary measures in favor of 26 children in the process of being adopted in Guatemala. The information available indicates that the beneficiaries, all under six months of age, are undergoing the international adoption procedure. The persons requesting the measures allege that the adoption procedures are irregular, and that the children are being housed in private homes without judicial authorization and in violation of the law. It is also indicated that there is no information on the conditions in which the children were separated from their biological parents, and that adoption procedures are being carried out through civil-law notary proceedings without the supervision of the competent authorities. The Commission asked the Guatemalan State to define the conditions and the place were the beneficiaries could be found, and to report on their legal and family status, and on the measures it would be taking to protect them. The Commission continues to monitor the beneficiaries’ situation.

Adolescents in the Public Prison of Guarujá, Brazil

On October 26, 2007, the IACHR granted precautionary measures in favor of the adolescents confined in the provisional detention center of Guarujá (“Public Prison of Guarujá”) in the state of São Paulo. According to the available information, that detention center is for holding adults; nonetheless, adolescents were being held there. In addition, they were overcrowded and held in cells in poor conditions. It was also indicated that the adolescents could not leave the cells to eat or to attend to their physiological needs, and that they had no access to education. In September 2007, the State reported that repairs had concluded at the “Vicente de Carvalho” prison, to which all of the persons held at the provisional detention center of Guarujá would be transferred. In addition, the IACHR was informed that at the Guarujá facility, overcrowding, unsanitary conditions, and insecurity for the adolescents in custody persisted. The Commission was also informed that there had not yet been a final decision on judicial remedies pursued by the Public Ministry in 2002 and 2003 seeking an improvement in the conditions of detention of the persons held at that center. The Commission recommended to the Brazilian State that it adopt the measures necessary to guarantee the life and personal integrity of the adolescents held at the provisional detention center of Guarujá; promptly transfer the beneficiaries to a detention center for adolescents; provide them with immediate medical and psychological care; and prohibit the entry of adolescents to that detention center. The Commission continues to monitor the situation of the beneficiaries. Later, on July 23, 2008 the IACHR passed the Admissibility Report No. 41/08, Petition 478/07, regarding Adolescents in the Public Prison of Guarujá.

Juan Fidel Zamudio Bocángel et al., Peru

On May 30, 2007, the IACHR granted precautionary measures in favor of Juan Fidel Zamudio Bocángel, Sara Mercedes Sánchez Loarte, Giusella Inés Bocángel Gómez, and two minors in his family. The information available indicates that Mr. Zamudio Bocángel has survived an attack and constant acts of harassment and other threats since April 2006. It is also indicated that his family members have received threats since September 2006. The Commission asked the Peruvian State to adopt the measures needed to guarantee the life and personal integrity of the beneficiaries, to verify that the measures referred to are effectively implemented, and to report on the actions taken to investigate judicially the facts that gave rise to the adoption of precautionary measures. The Commission continues to monitor the beneficiaries’ situation.

2006

Eduardo César Ariza Ulloque et al., Colombia

On March 23, 2006, the IACHR requested precautionary measures in favor of Eduardo César Ariza Ulloque, leader of a community of nine families displaced by the river diversion, Medellín city. The situation falls within the framework of precautionary measures adopted in October 2004 on behalf of a number of families left homeless and displaced in the city of Medellín, who were forcibly evicted in spite of the existence of a judicial order that defined the specific, non-violent circumstances in which they could be moved from the so-called “Bello or river diversion.” The State agreed to provide transitional facilities for the affected families and to include them in a housing plan, which allowed the IACHR to lift the precautionary measures. It appears that nine of the families were excluded from the housing plan, because they had been displaced from within the city, and they therefore returned to the Bello or river diversion. The Commission’s decision is now based on information that indicates that the beneficiary has been the victim of a firearm attack and that the nine families he represents have been the objects of threats from groups of paramilitaries operating in the area. The Commission requested that the State, inter alia, adopt the necessary measures to protect the life and physical integrity of Eduardo César Ariza Ulloque, his wife Sor Elena Arboleda Metre, and their two children, Anderson Ariza Arboleda, and Edgar Ariza Arboleda, and report on action taken to judicially investigate the events that gave rise to the precautionary measures. The Commission has also requested that the State provide information on the situation of the nine affected families who were beneficiaries of precautionary measure 784-04 64 Children and 50 Adults in the Bello Diversion. The Commission is continuing to monitor the beneficiaries’ situation.

Center for the Defense of Children´s and Adolescents´s Rights of the Federal District, Brazil

On February 9, 2006, IACHR granted precautionary measures on behalf of the adolescents detained in CAJE (Center for Specialist Juvenile Care) in the city of Brasilia. The available information indicate that since 1992 there have been a series of deaths and physical injuries caused by the conditions in which the adolescents are detained in CAJE. Specifically, it is alleged that between 1997 and 1998 nine adolescents have died, some of them after having been tortured; that between 2003 and 2004, five more died, and towards the end of 2005, the lifeless body of Iván Marques (16) was found in his cell with signs of torture and mutilation. The Commission requested that the State, inter alia, adopt the measures necessary to resolve overcrowding in the center in line with minimum international standards; ensure the safety of detainees by providing security staff who are trained to deal with adolescent detainees; eliminate the use of indefinite detention without access to the yard or the prohibition of family visits as disciplinary measures; separate detainees according to the gravity of the crimes of which they are accused, their age, and in line with each one’s disciplinary record, making allowances for the conflicts which may exist between detainees themselves; publish a list of the causes of the detention of each of the adolescents in the Center; and ensure access to appropriate and effective judicial remedies, in order to manage the conditions of detention, and ensure the legality of the causes that justify their detention.

2004

62 children held in the Juvenile Center of Provisional Confinement, Guatemala

On November 24, 2004, the IACHR granted precautionary measures in favor of 62 children held in the Juvenile Center of Provisional Confinement. The ruling on the necessity of precautionary measures was based on on-site observations made by the Commission’s Rapporteurs for Children and Detained Persons – Commissioners Paulo Sérgio Pinheiro and Florentín Meléndez — between November 18 and 20, 2004. On this occasion, information was gathered directly indicating that the physical and psychological safety and health of the confined children were severely threatened by the treatment of the staff and system and the unhealthy conditions of the solitary confinement cells. In view of the situation, the Commission requested the Guatemalan State to adopt the measures necessary to protect the lives and physical integrity of the beneficiaries, including measures aimed at preventing retaliation by the prison staff against the inmates and to report on the actions undertaken to investigate the facts and put an end to the assaults against the incarcerated children. The Commission continues to monitor the situation of the protected children.

Fundação Estadual do Bem-Estar do Menor—FEBEM Tatuapé, Brazil

On October 9, 2002 the IACHR passed Admissibility Report No. 39/02, regarding Petition 12328, of those affected are the adolescents who are in custody of FEBEM. On December 21, 2004, the IACHR granted precautionary measures in favor of the children confined in the State Foundation for the Well-being of Children (Fundação Estadual do Bem-Estar do Menor—FEBEM Tatuapé). Available information indicates that, on December 6, 2004, there was an uprising in Unit 13 of the FEBEM in Tatuapé, which resulted in 8 injured children. It is alleged that the lives and personal safety of the children committed to the units of FEBEM Tatuapé are in imminent danger from the action of the officials of the detention center and its deplorable sanitary and building conditions. The allegations of the petitioners are substantiated by an administrative investigation by the Office of the Attorney General for Children and Young People of the State of São Paulo, which points out that there is a systematic practice of violence in units 5 and 12 of FEBEM Tatuapé. In view of this situation, the IACHR requested the Brazilian State to adopt the necessary measures to protect the life and physical integrity of the beneficiaries and to report on the actions undertaken to investigate the incident and put and end to the assaults against the children and adolescents who are confined there. The Commission continues to monitor the situation of protected persons. The Inter-American Court of Human Rights subsequently issued the Provisional Measures: Order of the Inter-American Court of Human Rights 25-11-08, Order of the President of the Inter-American Court of Human Rights (Only available in Spanish) 10-06-08, Order of the Inter-American Court of Human Rights 03-07-07, Order of the Inter-American Court of Human Rights 04-07-06, Order of the Inter-American Court of Human Rights (Only available in Spanish) 30-11-05, Order of the Inter-American Court of Human Rights (Only available in Spanish) 17-11-05.

Oscar González Anchurayco and members of the Community of San Mateo de Huanchor, Peru

On August 17, 2004, the IACHR granted precautionary measures in favor of Oscar González Anchurayco and members of the Community of San Mateo de Huanchor. Available information indicates that the living conditions, health, food, farming and livestock of five indigenous campesino communities, comprised of more than 5,000 families, would be severely affected by deposits from an open-air mine in the vicinity of the Rimac River. The studies conducted by the Department of Environmental Health of the Ministry of Health conclude that the cumulative power and chronic effect of arsenic, lead, and cadmium in the deposits generated a high risk of exposure for the communities of the zone; that environmental pollution is affecting the health of the dwellers of the communities; and that children are suffering from very high levels of lead concentration in their blood. In view of the risks to the beneficiaries, the Commission granted precautionary measures to protect the life and personal safety of Oscar González Anchurayco and the members of the Community of San Mateo de Huanchor. Likewise, the Commission requested the Peruvian State to implement a health assistance and care program for the population, particularly for children, to identify the persons who might have been affected by the consequences of pollution and provide the relevant medical care; and to begin transferring the deposits in accordance with the best technical conditions as determined by the relevant environmental impact study.

63 children and more than 50 adults in the municipality of Bello, Colombia

On March 5, 2004, meeting in the framework of its 119th session, the IACHR granted precautionary measures in favor of 63 children and more than 50 adults in the municipality of Bello, Antioquia. Available information indicates that, although they are under guardianship as a result of a decision of the criminal chamber of the Superior Court of Medellín issued on December 1, 2003, the beneficiaries–victims of intra-city displacement—were evicted by force by the Municipal Government of Bello and the Police Force under conditions that jeopardized their health and personal safety. In view of the situation of the beneficiaries, the Commission requested the Colombian Government to adopt the necessary measures to guarantee adequate accommodations and the necessary conditions for the subsistence of the 63 children and 50 adults identified and to report on the actions adopted to clarify the abuse of force that may have been exercised against the beneficiaries. On August 25, 2004, after receiving information provided by the parties on a series of agreements between the State, the beneficiaries and the petitioners, the Commission decided to lift the precautionary measures.

2003

Luis Ernesto Acevedo and another 372 persons deprived of liberty at the police station of the National Civilian Police in the city of Escuintla, Guatemala

On October 24, 2003, the Commission granted precautionary measures on behalf of Luis Ernesto Acevedo and another 372 persons deprived of liberty at the police station of the National Civilian Police in the city of Escuintla, which had been adapted as a center for pre-trial detention of youths belonging to the youth gangs or maras. According to the information available, official reports confirm that the sanitary conditions in which the detained youths are being kept pose an imminent risk to their health. In view of the beneficiaries’ situation, the IACHR asked the Guatemalan State to adopt the sanitary measures needed to prevent harm to the personal integrity of the persons deprived of liberty at that police facility. In response, the State indicated that it was planning to implement the precautionary measures. On December 4, 2004 the IACHR and UNICEF expressed concern for the situation of boys, girls and adolescents involved with gangs in El Salvador, Guatemala, and Honduras. Pointing out the inadequate conditions of their detentions.

Michael Roberts, Jamaica

On September 22, 2003, the Commission granted precautionary measures on behalf of the seven-year-old child known for the purposes of the proceeding as “Michael Roberts” and whose real name will be kept under seal to protect his identity. The information available indicates that Michael Roberts has been a victim of sexual abuse while at children’s homes under the Department of Children and Family Services of Jamaica’s Ministry of Health, and that even after the abuse was detected, he was the victim of omissions and negligence for lack of adequate treatment. The diagnosis in the record indicates that Michael Roberts suffers from post-traumatic stress disorder and that the absence of adequate medical treatment tends to give rise to behavior such as sexual aggression directed at other children. After completing a preliminary stage in which it sought information from the State on the child’s condition, and in view of the risk to his health, the Commission asked the Jamaican State to adopt the measures needed to protect the physical, psychological, and moral health of Michael Roberts, including specialized medical treatment. In response the State indicated that the beneficiary was receiving specialized medical treatment and asked that the precautionary measures be lifted. On November 17, 2003, the Commission reaffirmed the precautionary measures and requested additional information on the medical condition of the beneficiary, and the treatment he was receiving.

Enrique Medrano,Juan Berrío, and the girls Sandy Juliet Martínez Copete, Yoinis Gutiérrez Mena, Sandra Gutiérrez Mena and Yesenia Berrío Mena, Panama

On April 25, 2003, the Commission granted precautionary measures on behalf of Enrique Medrano, Juan Berrío, and the girls Sandy Juliet Martínez Copete, Yoinis Gutiérrez Mena, Sandra Gutiérrez Mena and Yesenia Berrío Mena. The information available indicates that in the context of an operation to repatriate Afro-descendants of Colombian origin who were living in the locality of Punusa, Boca de Cupe, carried out April 18, 19, and 20, 2003, Enrique Medrano and Juan Berrío were detained by the Panamanian authorities, without any further immediate notice of their whereabouts or their personal security or physical integrity. The girls Sandy Juliet Martínez Copete, Yoinis Gutiérrez Mena, Sandra Gutiérrez Mena, and Yesenia Berrío Mena had been separated from their families when the repatriation occurred. In view of the situation, the IACHR asked the Panamanian State to present information on the whereabouts of Magdaleno Medrano and Juan Berrío, and on the measures adopted to ensure their personal integrity. In terms of the situation of the girls, it asked that the State determine their whereabouts, protect their security and health, and ensure that they are reunited with their families. In addition, the IACHR called on Panama to respect the right of non-refoulement of Colombian nationals in Panama, in the communities of Boca de Cupe, Jaqué Matugantí, Puerto Obaldía, and Punusa, in the Darién region of Panama, in keeping with international law, and to take steps to prevent their expulsion from Panamanian territory without the guarantees established at Articles 8, 22, and 25 of the American Convention. After the precautionary measures were issued, the petitioners reported that the minor Yesenia Berrío had been reunited with her parents on May 13, 2003, and that Sandra Gutiérrez Mena was of age; that information was immediately forwarded to the State. In response, the State reported that Yoinis Gutiérrez and Sandy Martínez were in Boca de Cupe, in the custody of their families. In addition, the parties submitted information on the situation of Enrique Medrano and Juan Berrío. On October 24, 2003, the IACHR held a working meeting with representatives of the State in which information was received on the situation of the communities of Afro-Colombian origin in the Panamanian Darien, and on the measures designed to verify future repatriations. In view of the information provided by the State, on October 20, 2003, the Commission decided to lift the precautionary measures.

2002

52 persons, including two minors, who are carriers of the human immunodeficiency virus (HIV/AIDS), Bolivia

On October 3, 2002 the Commission granted precautionary measures on behalf of 52 persons, including two minors, who are carriers of the human immunodeficiency virus (HIV/AIDS).The beneficiaries are identified in the file; however, at their request, their identities are being kept confidential in this report.The beneficiaries alleged that in many cases they had turned to State public health systems but had not obtained assistance to undergo the tests necessary to determine how the disease is progressing or to receive the anti-retroviral treatment needed for them to survive.On January 22, 2003 the State presented a photocopy of the report of the National Program on STDs/HIV/AIDS.

Adelina Sarruggi (daughter), Concepción Flecha González, and Arsiliare Sarruggi (parents), Argentina

On April 10, 2002 the Commission granted precautionary measures on behalf of María Adelina Sarruggi (daughter), Concepción Flecha González, and Arsiliare Sarruggi (parents). The request indicates that since November 18, 2000 the child, María Adelina, who was three months old at the time, has been separated from her biological parents, to the detriment of all three persons. The petitioners alleged that mother and daughter were traveling from Argentina to Paraguay, with their papers in order and with the appropriate travel authorization from the father, when immigration officers at a border post in the Province of Misiones detained them "for not producing documentation establishing the link between mother and daughter."The mother was detained and the daughter initially went into a hospital and was then placed in the custody of a married couple on the list of adoption candidates. They alleged that the authorities did not notify the father, who holds parental rights; he found out about these events in March 2001. According to the information provided, when the father traveled to Misiones to get his daughter and partner back, the family court judge told him that he could go to the mayor’s office to get his partner and to begin legal proceedings to get his daughter back. The petitioners indicated that the family has very limited resources and their daughter had not yet been returned to them. They requested precautionary measures both to prevent the presiding judge from issuing an adoption ruling in favor of the couple on the list of adoption candidates and to have the girl immediately returned to her biological parents. The Commission asked the State to take the necessary steps to preserve the mental and moral integrity of the girl and her biological parents; their right to protection of the family, enshrined in Article 17 of the American Convention; and, in the case of the girl, the right to a name and the rights of the child, enshrined in Articles 18 and 19 of the Convention. The Commission requested, in particular, that the State take all necessary steps to ensure that the girl was not taken out of Argentina and that it investigate and provide a report, to clarify the situation and protect the rights of these three persons. In response, the State first reported on the measures taken to prevent the girl from being removed from national territory and then on returning the girl to her biological family.

2001

Robinson Ríos Uribe and José Gregorio Villada, Colombia

On December 18, 2001, the Commission granted precautionary measures in order to determine the whereabouts of Messrs. Robinson Ríos Uribe and José Gregorio Villada in Antioquia department and to protect their lives and persons; they were last seen at a Medellín metropolitan police checkpoint on November 27, 2001, as they were traveling toward Cali. Some days later, the two young men contacted their families and told them they had been abducted by a paramilitary group. The Commission undertook a series of steps toward clearing up this situation during its on-site visit (December 7-13 , 2001); finally, on December 18, 2001, it asked the Colombian government, as a matter of urgency, to take the steps necessary to reveal the whereabouts and guarantee the lives and persons of the aforesaid individuals and to launch a prompt and effective investigation using the urgent search mechanism established by Law 589/2000. The Commission continues to receive information from the parties regarding the situation of the protected persons.

MJAC, Nicaragua

On August 20, 2001, the IACHR received a request for precautionary measures on behalf of MJAC (a five-year-old minor child) who, according to the complaint, was allegedly raped by her father. The petition states that the child’s physical and mental integrity is in danger, because her mother refuses to believe her relatives’ accusations about her husband, because she has suspended the psychological treatment recommended by specialists, and because she has taken the child to prison to visit her father, thus causing her emotional problems. On September 14, 2001, the IACHR asked the Nicaraguan State to adopt precautionary measures on behalf of MCAJ. The IACHR has continued to monitor developments with the precautionary measures.

Panchito López, Paraguay

On August 8, 2001, the Commission requested that precautionary measures be adopted on behalf of the 255 minors who were previously being held at the Panchito López Reeducation Center for Minors (petition 11.666). The Commission made this request because on July 25, 2001, a fire had broken out at the Panchito López Institute. One youngster, Benito Augusto Moreno, was shot by a guard during the fire and died on August 6, 2001; following the fire, 125 minors were transferred to the Emboscada facility, which does not meet the minimum standards needed to guarantee the physical integrity of the minor inmates; the others were sent to different parts of the country and were placed in prisons with small, overcrowded cells alongside adults, except at the San Juan Bautista and Emboscada facilities, where they were placed in separate children’s blocks; and relocating these minors to distant prisons has aggravated their critical situations and has also made family visits impossible. The Commission therefore requested that: (1) The minors be immediately transferred to the Itaguá Education Center. (2) The physical, mental, and moral integrity of the minors be ensured and, in particular, that minors and adults be kept completely separate during the temporary relocation of the young inmates in the aforesaid facilities. (3) Access to the minors by their legal counsel and family visitors be granted. (4) The circumstances that gave rise to these measures be investigated, in particular those that led to the death of Benito Augusto Moreno (or Augusto Benitez), and that the perpetrators thereof be punished. After the State replied, the parties have continued to submit information and comments in connection with these precautionary measures. The Commission continues to monitor compliance with the precautionary measures. After following the process before the IACHR and because of their inability to reach a friendly settlement, the case was presented to the Inter-American Court of Human Rights. On 2 September of 2004, the Court passed the Judgment on Preliminary Objections, Merits, Reparations and Costs from the Case of the "Juvenile Reeducation Institute" v. Paraguay.

1999

Eddy Martínez, his wife Germania Pierre (María) and their two minor children, Dominican Republic

On December 3, 1999, the Commission granted precautionary measures and requested that the Government of the Dominican Republic adopt the measures necessary, on an urgent basis, to guarantee the protection of Eddy Martínez, his wife Germania Pierre (María) and their two minor children, Olga and Teresa, to permit them to return to the territory of the Dominican Republic, and to return to them the personal documents which had been unlawfully seized. The Commission also requested that the Dominican Republic fully investigate the acts alleged, in accordance with its domestic legislation. According to the information received, immigration inspectors of the Dominican Republic had expelled the family of Eddy Martínez, of Dominican origin, to Haiti in a violent, illegal and arbitrary manner, having confused them with Haitians. The State responded on December 16, 1999, reporting that Mr. Eddy Martínez and his two young daughters had been in the Dominican Republic since November 19, 1999, and that Immigration General Headquarters would adopt definitive measures in the case with a view to protecting the family and preventing its separation. On February 28, 2000, the State informed the Commission that Haitian citizen Germania Pierre, the wife of Eddy Martínez, had been given a permit to remain in the country for three months, and that a request for official residence for Mrs. Pierre was being processed.

Girls Dilcia Yean and Violeta Bosica, Dominican Republic

On August 27, 1999, the Commission granted precautionary measures in favor of Dilcia Yean and Violeta Bosica. According to the information before the Commission, they had been denied Dominican nationality, despite having been born in the territory of the Dominican Republic and despite the fact that the Constitution establishes the principle of ius soli. By denying them this right, they were exposed to the imminent threat of arbitrary expulsion from their country of birth. The Commission required the State to adopt the measures necessary to prevent their expulsion from the territory of the Dominican Republic, and to prevent Violeta Bosica from being deprived of her right to attend school and to receive the education provided to other children of Dominican nationality. During its 104th session, the Commission convened the parties for a hearing to deal with these precautionary measures. At that hearing, the State declared that the measures requested by the IACHR were being implemented, and the parties agreed to seek a friendly settlement through the good offices of the Commission. As a result of their inability to reach a friendly settlement, the case was presented to the Inter-American Court of Human Rights, which on September 8 of 2005 issued the Judgment on Preliminary Objections, Merits, Reparations and Costs in the instant case. Later, on January 15 of 2006 the State presented an interpretation lawsuit regarding the previous judgement. he Furthermore, on November 23 of 2006, the Inter-American Court of Human Right issued the Judgment of Interpretation of the Judgment of Preliminary Objections, Merits, Reparations and Costs, in the Case of the Girls Yean and Bosico v. Dominican Republic.

Sean Sellers, United States

On January 29, 1999, the Commission requested the adoption of precautionary measures on behalf of Sean Sellers, who was sentenced to death in Oklahoma and whose execution was scheduled for February 4, 1999. The Commission asked the U.S.A. for a stay of execution for Mr. Sean Sellers until it could study the reports of alleged violations of his human rights, since he was a minor when he committed the crime for which he was sentenced to capital punishment, and he was mentally incapacitated. The request notwithstanding, Mr. Sellers was executed on the scheduled date.

1998

Magencio Abad Zeferino and Miguel A. Zeferino Dominguez, Mexico

On November 9, 1998, the Commission requested the adoption of precautionary measures on behalf of Magencio Abad Zeferino and Miguel A. Zeferino Domínguez. The measures were requested on behalf of one of the victims in case 11.875 and his young son, who had been threatened by strangers at their own home, during the night, supposedly because of the complaints reported by Zeferino regarding the facts of the case in question.

1996

Group of minors who were being held in the San Pedro de Sula prison, Honduras

On October 21, 1996, the Commission transmitted a request for urgent precautionary measures to the State of Honduras to protect the lives and personal integrity of a group of minors who were being held in the San Pedro de Sula prison. Among other considerations, it was indicated that these minors had been confined with adults convicted for a variety of serious crimes. The State of Honduras, on October 28, 1996, presented information on the facilities prepared for the minors. The case is still under review under Nº 11.491. On December 26, 1996, the request for precautionary measures was reiterated and information was requested as to the concrete actions taken to implement the measures requested.

Instituto Padre Severino, “Escola João Luis Alves” and “Escola Santos Dumont” of Rio de Janeiro, Brazil

On May 20, 1996, the Commission requested the State of Brazil to take urgent precautionary measures on behalf of a number of minors committed to the "Instituto Padre Severino”, “Escola João Luis Alves” and “Escola Santos Dumont” of Rio de Janeiro, who according to the petitioners were in grave and imminent danger of suffering irreparable harm. The State of Brazil reported on July 26, 1996, on the measures taken to protect the minors indicated and improve the conditions of these detention centers. On August 6, 1996, the Commission requested additional information in this regard.