IACHR Grants Precautionary Measures in Favor of Indigenous Persons Who Are Deprived of Liberty in Nicaragua

April 14, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 20/23 on April 13, 2023, to grant precautionary measures in favor of D.R.Z, D.A.B.A., A.C.L., and I.C.L., of the Mayangna indigenous people, in Nicaragua, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.

These four individuals are deprived of liberty at the Jorge Navarro Penitentiary, after being convicted in connection with what is known as the Kiwakumbaih Massacre. The IACHR noted that beneficiaries have reportedly not received adequate medical care although they have health issues. The Commission also said that these individuals are constantly being subjected to threats by guards and other detainees. They have allegedly even been victims of physical and sexual violence. In keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua for information but did not receive an answer.

The IACHR asked the State to take the following action:

1. Adopt any measures necessary to protect beneficiaries' rights to life, personal integrity, and health, considering that they belong to an indigenous people
2. Adopt any measures necessary to ensure that beneficiaries' conditions of detention reflect the applicable international standards and include the following actions: (i) ensuring that they are not subjected to threats, intimidation, harassment, or physical violence within penitentiary facilities; (ii) immediately conducting a specialist medical examination of beneficiaries' current health condition, so they receive adequate specialized care; and (iii) providing beneficiaries with the treatment and medication they need to address their health issues
3. Come to an agreement with beneficiaries and their representatives concerning any measures that need to be taken
4. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other 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.

No. 065/23

3:44 PM