Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) issued Resolution 19/2020 on May 3, 2020, to grant precautionary measures in favor of Juan Antonio Planchart Márquez, who is being deprived of liberty at the headquarters of the Bolivarian National Intelligence Service (SEBIN, by its Spanish acronym) in Venezuela.
The Commission noted that the beneficiary had been examined by the SEBIN’s medical service and allegedly told he had a tumor that required urgent care. Although a court warrant was issued in October 2019 demanding that Planchart Márquez be transferred to a hospital facility, he is reportedly not yet receiving the specialist medical care required to treat his condition. The Commission also noted the serious nature of a lack of medical care for a possibly malignant tumor, as well as its likely negative impact on the beneficiary’s health and the chance that it may prove fatal.
After assessing the available information, the Commission found that there was sufficient justification to enforce the requirements stated in Article 25 of its Rules of Procedure. It therefore asked Venezuela to take the following action: a) adopt any measures necessary to protect Mr. Juan Antonio Planchart Márquez’ rights to life, personal integrity, and health (particularly by ensuring that he has access to medical treatment prescribed by the relevant authorities); b) come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken; and c) implement any actions necessary to investigate the events that led to the adoption of this precautionary measure, to prevent them from happening again in the future.
The fact that this precautionary measure has been granted and its adoption by the State do not entail a prejudgment on alleged violations of rights protected by 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.
No. 100/20