Press Release

IACHR adopts precautionary measures in favour of Maikel Herrera Bones in Cuba

October 19, 2020

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Washington, D.C. - On October 14, 2020, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 69/2020, in which it granted precautionary measures in favour of Maikel Herrera Bones, after considering that he finds himself in a situation of serious and urgent risk of irreparable damage to his rights in the context of his deprivation of liberty in Cuba.

According to the request, the beneficiary Maikel Herrera Bones –human rights defender, member of the Patriotic Union of Cuba (UNPACU) and promoter of the campaign “Cuba Decides”–, finds himself in a situation of risk in the context of his deprivation of liberty given that, despite having HIV/AIDS and a severely weakened immune system, he is allegedly not receiving the medical treatment that he would require. The Commission regrets not having received the State’s observations, despite the fact that these were requested in accordance with Article 25.5 of its Rules of Procedure.

After analyzing the factual and legal allegations made by the applicants, the IACHR considered, from the applicable prima facie standard, that Mr. Herrera Bones is in a situation of gravity and urgency, given that his rights face a risk of irreparable harm. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested the State of Cuba: a) implement the necessary measures to protect the life, personal integrity and health of Mr. Maikel Herrera Bones, by adopting immediate measures that facilitate his access to adequate medical treatment, including the necessary medications in accordance with what has been prescribed by the corresponding health professionals, as well as the assessments and examinations that make it possible to regularly evaluate his state of health, in accordance with the applicable international standards; b) agree upon the measures to be implemented with the beneficiary and his representatives; and, c) report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution with the aim of avoiding their repetition.

The granting of this precautionary measure and its adoption by the State does not constitute the prejudgment of any petition that may eventually be presented before the inter-American system alleging violations of the rights protected in the American Convention 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. 257/20