Precautionary Measures

Resolution No. 54/21
PM 324-21 - Karla Patricia Ñamendi Mendoza and her nuclear family , Nicaragua

On July 22nd, 2021 the IACHR granted precautionary measures in favor of Karla Patricia Ñamendi Mendoza and her nuclear family. According to the request, as a result of her work in political opposition to the current Nicaraguan government, the proposed beneficiary is being subjected to threats, harassment, and acts of violence by state and parastate authorities. Thus, the State of Nicaragua was required to a) adopt the necessary measures to protect the rights to life and personal integrity of Karla Patricia Ñamendi Mendoza, Esperanza del Carmen Mendoza Amador, Raquel de los Ángeles Ñamendi Mendoza, C.A.G.Ñ., and A.A.G.Ñ. Particularly, the State must ensure that its agents respect the rights of the proposed beneficiaries, in accordance with the standards established by international human rights law, and in relation to threatening acts attributable to third parties; b) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and c) report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 52/21
PM 311-21, 462-21 - Willih Francisco Narváez González and Alberto José Miranda Herrera , Nicaragua

On July 11, 2021, the IACHR granted precautionary measures in favour of Willih Francisco Narváez González and Alberto José Miranda Herrera. According to the applicants, the proposed beneficiaries find themselves in a situation of risk given that they are being victims of threats, harassment and surveillance by state authorities and private individuals due to their work as journalists. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Willih Francisco Narváez González and Alberto José Miranda Herrera. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law; b) adopt the necessary measures so that Willih Francisco Narváez González and Alberto José Miranda Herrera can carry out their activities as independent journalists, without being subjected to violence, intimidation, harassment, and/or other acts of violence in the exercise of their work. The above includes the adoption of measures so that they can properly exercise their right to freedom of expression; c) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and, d) report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 49/21
PM 480-21 - Cristiana María Chamorro Barrios et al., Nicaragua

On June 24th, 2021, the IACHR granted precautionary measures in favor of Cristiana María Chamorro Barrios, Walter Antonio Gómez Silva, Marcos Antonio Fletes Casco y Lourdes Arróliga. According to the request, as a result of the potential candidacy of Ms. Cristiana María Chamorro Barrios for the presidency of the Republic, both she and the remaining proposed beneficiaries began to be persecuted and harassed, while some of them are deprived of their liberty without their location and conditions of detention being known. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Cristiana María Chamorro Barrios, Walter Antonio Gómez Silva, Marcos Antonio Fletes Casco, and Lourdes Arróliga. In particular, the State must both ensure that State actors respect the rights of the beneficiaries in accordance with the standards established by international human rights law and in relation to acts of risk attributable to third parties; b) adopt the necessary measures to ensure that the detention conditions of the beneficiaries who are deprived of their liberty comply with the applicable international standards; c) consult and agree upon the measures to be adopted with the beneficiaries and their representation; and d) report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 48/21
PM 479-21 - Jhovanny Alexander Tenorio Urbina, Nicaragua

On June 13, 2021, the IACHR granted precautionary measures in favour of Jhovanny Alexander Tenorio Urbina. According to the request, the beneficiary has been missing since May 2, 2021, when he was detained at the Hacienda La Aurora, in the municipality of Matagalpa, by four persons dressed in civilian clothes and armed, who identified themselves as police officers. Since then, his whereabouts or fate remain unknown. Upon analyzing the submissions of fact and law furnished by the applicants, the Commission considers that the information presented shows prima facie that Mr. Tenorio Urbina is in a serious and urgent situation, given that his rights to life and personal integrity are at risk of irreparable harm. Consequently, the IACHR requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Jhovanny Alexander Tenorio Urbina. In particular, report whether the beneficiary is in the custody of the State and, where appropriate, the circumstances of his deprivation of liberty, or else, adopt the measures aimed at determining his whereabouts or fate; b) consult and agree upon the measures to be adopted with the beneficiary’s representation; and c) implement the actions aimed at investigating the events that led to the granting of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 47/21
PM 366-21 - Kalua Salazar and her family, Nicaragua

On June 10, 2021, the IACHR granted precautionary measures in favour of Kalua Salazar and her family. According to the request, the beneficiary –press director for the independent media outlet La Costeñísima–, finds herself at risk because she is being the victim of threats, harassment and surveillance by State authorities and private individuals due to her work as a journalist. Upon analyzing the submissions of fact and law submitted by the parties, the Commission considers that the information presented shows, prima facie, that Ms. Salazar is in a serious and urgent situation, since her rights to life and personal integrity are at risk of irreparable harm. Consequently, the IACHR requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Kalua Salazar and her nuclear family. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law; b) adopt the necessary measures so that Kalua Salazar can carry out her activities as an independent journalist without being subjected to acts of violence, intimidation, and harassment in the performance of her work. The latter should include measures that will allow her to properly exercise her right to freedom of expression; c) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and d) report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 37/21
PM 96-21 - Gustavo Adolfo Mendoza Beteta and family, Nicaragua

On April 29th, 2021, the IACHR granted precautionary measures in favor of Gustavo Adolfo Mendoza Beteta, who is deprived of Liberty at Jorge Navarro (also known as “La Modelo”) and his nuclear family, comprising Mrs. María del Rosario Beteta Castañeda, Mr. Domingo Mendoza and Mrs. Marbely Leal López. According to the request, the proposed beneficiary is allegedly deprived of liberty under inadequate conditions and being subjected to threats and acts of violence by state agents as a result of his political opposition to the current Nicaraguan government. In this context, his family is also being reportedly the target of harassment. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Mr. Gustavo Adolfo Mendoza Beteta and his nuclear family. In particular, the State must both ensure that its agents respect the rights of the beneficiaries in accordance with the standards established by international human rights law and in relation to acts of risk attributable to third parties; b) adopt the necessary measures to ensure that the detention conditions of Mr. Gustavo Adolfo Mendoza Beteta comply with the applicable international standards; c) consult and agree upon the measures to be adopted with the beneficiaries and their representation; and d) report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 33/21
PM 205-21 - Kevin Roberto Solís, Nicaragua

On April 22, 2021, the IACHR granted precautionary measures in favour of Kevin Roberto Solís. According to the request, the beneficiary –a university student, social activist and government opponent–, finds himself in a situation of risk in the context of his deprivation of liberty due to beatings received during his detention, as well as his detention conditions and an alleged lack of medical attention. After analyzing the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that Kevin Roberto Solís finds himself in a serious and urgent situation, given that his rights to life, personal integrity and health are at risk of irreparable harm. Consequently, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life, personal integrity and health of Mr. Kevin Roberto Solís; b) ensure that his conditions of detention are compatible with the applicable international standards; c) taking into account the context of the COVID-19 pandemic and the situation of risk to the life, personal integrity and health of the beneficiary as a result of the circumstances of his detention, immediately evaluate the possibility of granting alternative measures to detention, in accordance with the State’s domestic legislation and in light of the applicable inter-American standards; and, d) report on the actions taken to investigate the alleged events that gave rise to the adoption of this resolution with the aim of preventing their reoccurrence.

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Resolution No. 31/21( EXTENSION )
PM 1606-18 - Javier Iván Olivares, Nicaragua

El 5 de abril de 2021, la CIDH decidió ampliar medidas cautelares a favor de Javier Iván Olivares, en Nicaragua. La Comisión identificó que la situación concreta del señor Olivares, en tanto integrante del medio “Confidencial” o periodista independiente en Nicaragua, se inserta en el contexto general represivo de la libertad de expresión en el país que ha sido identificado por la CIDH. Asimismo, se inserta también en la situación particular que atraviesan los integrantes de medios independientes como el “Confidencial”, cuyos integrantes son beneficiarios de medidas cautelares. En ese sentido, se han continuado presentando amenazas, hostigamientos o seguimientos de parte de personas identificadas como de la policía, los cuales se han extendido a sus familias. La Comisión entiende que en tanto periodistas independientes o integrantes de los medios de comunicación del señor Chamorro continúan expuestos a los factores de riesgo valorados previamente en las medidas cautelares de 2018 y en la ampliación de 2020. En consecuencia, la Comisión solicitó al Estado de Nicaragua que: a) adopte las medidas necesarias para garantizar la vida e integridad personal de la persona identificada en la presente resolución. A tales efectos, el Estado debe tanto asegurar que sus agentes respeten la vida e integridad personal de las personas beneficiarias de conformidad con los estándares establecidos por el derecho internacional de los derechos humanos, como proteger sus derechos en relación con actos de riesgo que sean atribuibles a terceros; b) adopte las medidas necesarias para que la persona beneficiaria pueda desarrollar sus labores periodísticas sin ser objeto de actos de intimidación, amenazas u otros hechos de violencia en el ejercicio de las mismas. Lo anterior incluye, la adopción de medidas para proteger el derecho a la libertad de expresión de los integrantes del medio identificado; c) concierte las medidas a adoptarse con persona identificada y sus representantes; y d) informe sobre las acciones adoptadas a fin de investigar los presuntos hechos que dieron lugar a la adopción de la presente medida cautelar y así evitar su repetición.

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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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Resolution No. 27/21( EXTENSION )
PM 1067-18 - Danelia del Rosario Argüello Cano et al., Nicaragua

On March 14, 2021, the IACHR decided to extend the precautionary measures to Danelia del Rosario Argüello Cano and her immediate family in Nicaragua. In the current context of the country, the request alleged that Ms. Argüello and her family were being followed, intimidated and attacked in the context of her work as a human rights defender and as a member of the Unidad Nacional Azul y Blanco (Blue and White National Unity). Consequently, the Commission requested that the State of Nicaragua: a) adopt the necessary measures to guarantee the rights to life and personal integrity of the beneficiary and her family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and 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 prevent them from reoccurring.

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Resolution No. 17/21
PM 1076-18 - Carlos Ramon Brenes Sánchez and his nuclear family, Nicaragua

On February 25, 2021, the IACHR decided to grant precautionary measures to Carlos Brenes and his family in Nicaragua. The Commission identified Mr. Brenes as a leader among retired military personnel and the population of Masaya and Carazo. Furthermore, he is recognized for being a dissident voice, particularly after the events of April 2018. In this context, the IACHR noted that Mr. Brenes has been subjected to acts of harassment, intimidation and threats. In particular, it noted that such acts have been attributed to police officers, and have also been perpetrated against members of Mr. Brenes' family. Consequently, the State was requested to: a) adopt the necessary measures to guarantee the rights to life and personal integrity of Carlos Ramon Brenes Sánchez and his family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and with regard to acts of risk attributable to third parties; b) agree on the measures to be adopted with the beneficiary and his representatives; and c) report on the actions taken to investigate the alleged facts that gave rise to the adoption of the precautionary measure at hand, so as to prevent them from reoccurring.

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Resolution No. 16/21
PM 907-20 - Kevin Adrián Monzón Mora and his nuclear family, Nicaragua

On February 22, 2021, the IACHR granted precautionary measures to Kevin Adrián Monzón Mora and his family in Nicaragua. In the current context of the country, the Commission identified that, after making several posts on "Tik Tok", Kevin Adrián Monzón has been exposed to threats, harassment, intimidation and acts of violence, including while in the custody of the State. Consequently, the Commission requested that the State of Nicaragua: a) adopt the necessary measures to guarantee the rights to life and personal integrity of Kevin Adrián Monzón Mora and his family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and in relation to acts of risk attributable to third parties. This includes the adoption of measures so that he can freely exercise his freedom of expression without being subjected to threats, intimidation, harassment or aggression; b) agree on the measures to be adopted with the beneficiary and his 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 such acts from reoccurring.

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Resolution No. 11/21
PM 664-20 - Olman Onel Salazar Umanzor and his nuclear family, Nicaragua

On February 4, 2021, the IACHR granted precautionary measures to Olman Onel Salazar Umanzor and his immediate family in Nicaragua. Mr. Salazar is a leader both in his community and in the environmental movement. The Commission considered the various continued threats of aggression, attacks, attacks, intimidations, surveillance and harassment against him over time, particularly after the events of April 2018. Consequently, the Commission requested that the State: a) adopt the necessary measures to guarantee the rights to life and personal integrity of Olman Onel Salazar Umanzor and his nuclear family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and in relation to acts of risk attributable to third parties; b) agree on the measures to be adopted with the beneficiary and his 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 prevent their reoccurrence.

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Resolution No. 3/21
PM 968-20 - Mariano Valle Peters, Nicaragua, Nicaragua

On January 8, 2021, the IACHR decided to grant precautionary measures in favor of Mariano Valle Peters, after finding that his right to freedom of expression is at serious and urgent risk of irreparable harm in Nicaragua. Upon analyzing the request, the Commission considered the exceptional context of the human rights crisis that Nicaragua is undergoing, which has been directly confirmed by the IACHR and monitored by its MESENI. The Commission noted that, according to the available information, Mr. Valle Peters owns and oversees the general editorial line of the media outlet Canal 12, reportedly the only nationwide television station that constantly relays the news with a critical view of the government. Furthermore, the Commission found that Mr. Valle Peters faces serious difficulties in exercising his right to freedom of expression, due to his role within the television media and within the current context of Nicaragua. Therefore, Nicaragua was urged to guarantee the measures that will allow the beneficiary to continue exercising his right to freedom of expression, by adopting the pertinent actions and refraining from adopting those that hinder such right. Among such measures, the State is requested to refrain from carrying out the decision to auction or sell the Canal 12 media outlet until an examination has been made of the impact that such a decision would have on the exercise of Mr. Valle Peters' freedom of expression.

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