The IACHR requests that the Inter-American Court extends provisional measures to Daisy Tamara Dávila Rivas and her family due to a situation of extreme risk in Nicaragua

July 16, 2021

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Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) requested that the Inter-American Court of Human Rights (Inter-American Court) extend provisional measures in order to protect the rights of Daisy Tamara Dávila Rivas and her family, who are facing a situation of extreme seriousness and urgency and whose rights are at risk of irreparable damage in Nicaragua. The Commission has requested the granting of these measures as an extension to those granted on June 24, 2021, in the case of Juan Sebastián Chamorro et al. regarding Nicaragua.

Despite the precautionary measures granted to Daysi Tamara Dávila in 2019 (PM-1067-18), which are currently in force, she is still at risk. This situation has exacerbated due to the current human rights crisis in Nicaragua. The IACHR specifically pointed out that Mrs. Dávila is a member of the "Unidad Nacional Azul y Blanco" (Blue and White National Unity) and sought to participate in the general elections held in November 2021 while representing the political opposition groups. Similar to the beneficiaries in the case of Sebastián Chamorro et al., Daysi Tamara Dávila is a public figure. She has had a leading and visible role against the measures that have limited democratic spaces in Nicaragua since 2018 while advocating for democratic guarantees in the upcoming general elections of November 2021.

The information received suggests that the deprivation of Daysi Tamara Dávila's liberty is linked to an intention of silencing any person who supports the opposition by retaliation and, therefore, send a message of punishment to those who demonstrate or protest against the State's actions or who seek to run against Nicaragua's current government in the November 2021 general elections. The situation has also shown signs of arbitrariness in the arrest that occurred in June 2021 related to a regulatory framework used to criminalize members of the opposition. Furthermore, there is no specific information on her official whereabouts or on effective measures taken to protect the rights that are at risk or to prevent the alleged violations of due process.

Following the decision of the Inter-American Court in the case of Juan Sebastián Chamorro et al., the Commission requests that the Court require the State of Nicaragua to:

a) Proceed with the immediate release of Mrs. Dávila and

b) Immediately adopt the necessary measures to effectively protect the life, integrity, and personal liberty of Mrs. Dávila and her family.

In order to guarantee the decisions of the Honorable Inter-American Court, the Commission further asks that the Court require Nicaragua to:

c) Allow a delegation from the IACHR and Inter-American Court, respectively, to visit Nicaragua and verify the implementation and effectiveness of the provisional measures.

When deciding whether to request provisional measures, the Commission considers the terms under Article 76 of its Rules of Procedure. Furthermore, the Commission relies on the available information to fulfill the requirements of Article 63.2 of the American Convention. During the evaluation process, the IACHR bases its request on the problem raised, the effectiveness of the State's actions when addressing the situation described and the degree of vulnerability to which the provisional measures' potential beneficiaries would be exposed if those measures are not adopted. Further, the Commission continuously takes into account the context in which the facts that support a request for provisional measures before the Inter-American Court are embedded.

The Inter-American Court orders provisional measures in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons. These measures are enforced upon the States and the decisions therein require that States adopt specific actions in order to protect the rights and/or ensure the lives of threatened individuals or groups.

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 the observance and defense of 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.

No. 181/21

4:19 PM