IACHR Press Office
Washington, D.C.- The Inter-American Commission on Human Rights (IACHR) issued Resolution 8/2021on January 28, 2021, whereby it granted precautionary measures in favor of José Humberto Hernández Rodríguez, after considering that he is at serious and urgent risk of irreparable harm to his rights in Venezuela.
The Commission assessed that, despite various requests filed before the competent authorities, Mr. Hernández, who is deprived of his liberty, is not receiving the medical care prescribed to address his state of health. This lack of medical care is reportedly generating significant impacts on his rights. Based on the information submitted, the IACHR in its resolution took into account the content of the Inter-American Convention to Prevent and Punish Torture. Having analyzed the available information, the IACHR requested that Venezuela: a) adopt the necessary measures to protect the rights to life, personal integrity, and health of Mr. José Humberto Hernández Rodríguez. In particular, the State must ensure that he has access to the medical treatment prescribed by the competent authorities; b) consult and agree upon the measures to be adopted with the beneficiary and his representatives; and c) implement the actions aimed at investigating the events that led to the granting of this precautionary measure, so as to prevent them from reoccurring.
The decision to grant a precautionary measure and its adoption by the State do not constitute prejudice on alleged violations of the rights protected in the applicable instruments.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.