IACHR Grants Precautionary Protection Measures in Favor of Miguel Ángel Mendoza Urbina and His Immediate Family in Nicaragua

October 19, 2021

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Washington, D.C. — On October 15, 2021, the Inter-American Commission on Human Rights (IACHR) issued Resolution 85/2021, through which it granted precautionary protection measures in favor of Miguel Ángel Mendoza Urbina and his immediate family in Nicaragua, whom it deems to be at serious, urgent risk of suffering irreparable harm to their human rights.

After analyzing the specific situation of Miguel Ángel Mendoza Urbina and the background to his case, the IACHR evaluated his current predicament in light of the upcoming general elections, given that he has been identified as an opponent of the current government. Specifically, the IACHR noted that he was held in incommunicado detention after his arrest, and his representatives were unable to provide information on his current condition because official information on his place of detention was withheld from his family and defense team, as was information on whether he had received the medical attention that his health conditions require. Except for a short visit from his wife, he continues to be held in incommunicado detention. The IACHR requested information from the State but deemed that its response was insufficient to allow it to conclude that Mr. Mendoza was not at risk.

After analyzing compliance with the regulatory requirements, the IACHR asked the State to:

  1. take the necessary measures to guarantee the rights to life, personal integrity, and health of the Miguel Ángel Mendoza Urbina and his immediate family;
  2. ensure that his conditions of detention are compatible with applicable international standards on the matter, including by allowing him to have contact with his relatives and defense attorneys;
  3. evaluate the possibility of granting alternatives to detention that comply with their domestic legislation and the relevant inter-American standards, given that his life and personal integrity are at risk due to the circumstances that surround his being deprived of his freedom;
  4. report on the actions it implements to investigate the alleged events that led to the adoption of this resolution so as to prevent them from being repeated.

The fact that this precautionary measure has been granted and its adoption by the State does not entail a prejudgment on any petition that may eventually be filed before the inter-American system to allege that the rights protected by the American Convention and other applicable instruments have been violated.

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.

No. 279/21

6:05 PM