Mesures Conservatoires
Résolution No. 47/22
MC 608-22, 625-22 - Edder Oniel Muńoz Centeno and Nidia Lorena Barbosa Castillo, Nicaragua
On September 23, 2022, the IACHR granted precautionary measures in favor of Edder Oniel Muñoz Centeno and Nidia Lorena Barbosa Castillo upon considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. The requests for precautionary measures allege that the proposed beneficiaries, who are identified or perceived as opponents of the current Nicaraguan government, are being held in the National Penitentiary System unit in Granada in inadequate detention conditions and that they do not receive the necessary, timely, and adequate medical attention to treat their various health conditions. Specifically, the Commission noted the special situation of vulnerability that Ms. Barbosa Castillo faces due to her position as an elderly woman. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of the proposed beneficiaries;
- adopt the necessary measures to ensure that the proposed beneficiaries' detention conditions are compatible with the applicable international standards in this area, inter alia: i. allowing contact with their lawyers and legal representatives; ii. ensuring that they are not subjected to threats, intimidation, harassment, or attacks within the penitentiary; iii. guaranteeing access to adequate and specialized health care, in addition to an immediate specialized medical assessment of the health of each proposed beneficiary; iv. granting the necessary treatments and medications to treat their respective conditions; v. providing adequate food; and vi. assessing, in light of the proposed beneficiaries' detention conditions and health, the granting of alternative measures to the deprivation of liberty;
- consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent similar events from reoccurring.
Résolution No. 46/22
MC 702-22 - Carlos Santiago Vallejos Mora and his family unit, Colombia
On September 23, 2022, the IACHR granted precautionary measures in favor of Carlos Santiago Vallejos Mora upon deciding that he is in a serious and urgent situation of risk of irreparable harm to his rights in Colombia. The request for precautionary measures alleges that the whereabouts or state of the proposed beneficiary has been unknown since August 7, 2022, following his alleged detention by members of the Colombian National Army in the municipality of Ricaurte, in the department of Nariño. Upon analyzing the submissions of fact and law provided by the parties, the Commission considers that the information shows, from the applicable prima facie standard, that Mr. Vallejas Mora is in a serious and urgent situation of irreparable harm to his rights. Consequently, Colombia is requested to:
- adopt the necessary measures to determine the situation and whereabouts of Carlos Santiago Vallejos Mora, in order to protect his rights to life and personal integrity;
- adopt the necessary measures to protect the rights to life and personal integrity of the identified members of the beneficiary's family unit; and
- report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 43/22
MC 433-22 - M.A.C. , Haiti
Le 30 août 2022, la CIDH a adopté des mesures conservatoires en faveur de Mme M.A.C. Selon la demande, la bénéficiaire – qui s'identifie comme défenseur des droits humains des femmes en Haďti – est en danger en raison des menaces et du harcèlement dont elle fait l'objet dans le cadre de sa quête de justice pour des actes de violences sexuelles qu'elle aurait subies. Après avoir examiné les allégations de fait et de droit communiquées par le requérant, la Commission estime que les informations présentées démontrent prima facie que la bénéficiaire se trouve dans une situation grave et urgente à un risque de dommage irréparable à leurs droits en Haďti, conformément au article 25 de son Règlement. Par conséquent, il est demandé à l'État d'Haďti :
- d'adopter les mesures nécessaires, en tenant compte d'une perspective de genre, afin de protéger les droits à la vie et à l'intégrité personnelle de M.A.C. ;
- d'adopter les mesures nécessaires afin que M.A.C. puisse exercer ses activités de défenseur des droits humains sans faire l'objet d'actes d'intimidation, de harcèlement, de menaces ou de violence dans l'exercice de son travail ;
- de convenir avec la bénéficiaire et son représentant des mesures à adopter ; et,
- de faire rapport sur les mesures prises aux fins d'enquêter sur les faits allégués ayant conduit à l'adoption de la présente résolution, dans le but d'éviter qu'ils ne se reproduisent.
Résolution No. 41/22
MC 30-21 - Luis Robles Elizástegui, Cuba
On August 9, 2022, the IACHR granted precautionary measures in favor of Luis Robles Elizástegui, who has been deprived of liberty since December 2020, who is said to be in severe conditions of detention without receiving adequate medical care to date.
Upon analyzing the submissions of fact and law provided by the applicants, the Commission notes that the proposed beneficiary, deprived of liberty following a public street demonstration in December 2020, is reportedly held in severe detention conditions and is not receiving the necessary medications for the chronic disease he allegedly suffers from. Similarly, the IACHR observes that his relatives and lawyer have had restrictions to visit and contact the proposed beneficiary. The IACHR considers, from the applicable prima facie standard, that the proposed beneficiary is in a serious and urgent situation presenting a risk of irreparable harm.
Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that Cuba:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of Luis Robles Elizástegui;
- ensure that the detention conditions of the proposed beneficiary are compatible with the applicable international standards on the matter. In particular, among other measures: (i) provide medical care according to what is prescribed by the medical specialists, (ii) allow regular visits by family members and legal representatives, (iii) assess, in the light of the conditions of detention and health of the proposed beneficiary, the application of any alternative measure to deprivation of liberty, and (iv) take action in the face of threats, harassment, intimidation or acts of violence against the proposed beneficiary for denouncing his current situation;
- consult and agree upon the measures with the beneficiary and his representatives; and
- report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of this precautionary measure, so as to prevent them from reoccurring.
Résolution No. 38/22
MC 506-22 - Rusia Evelyn Pinto Centeno , Nicaragua
On July 31, 2022, the IACHR granted precautionary measures in favor of Rusia Evelyn Pinto Centeno regarding Nicaragua, after considering that she is at serious and urgent risk of irreparable harm to her rights in Nicaragua. The request for precautionary measures claims that the proposed beneficiary, who is identified as an opponent of the current government of Nicaragua, is deprived of her liberty in the Comprehensive Women's Penitentiary Center "La Esperanza," in inadequate conditions of detention and without receiving the necessary medical care for her health. They also note that the proposed beneficiary is being subjected to constant surveillance, as well as to stigmatizing and discriminatory acts by prison officers. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of Rusia Evelyn Pinto Centeno;
- adopt the necessary measures to ensure that the detention conditions of Rusia Evelyn Pinto Centeno are compatible with the applicable international standards in this area, including the following: i. allowing contact with her attorneys and legal representatives; ii. ensuring that she is not subjected to discriminatory and stigmatizing treatment within the penitentiary; iii. immediately carrying out an impartial and specialized medical assessment of her current health, including performing the necessary medical examinations to determine the status of her health; iv. granting the necessary treatments and medicines, prescribed by the competent health personnel; and v. considering the granting of alternative measures to deprivation of liberty, in light of the proposed beneficiary's conditions of detention and health;
- consult and agree upon the measures to be adopted with the proposed beneficiary and her representatives; and
- 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.
Résolution No. 37/22
MC 768-21 - Félix Navarro Rodríguez , Cuba
On July 28, 2022, the IACHR granted precautionary measures to Félix Navarro Rodríguez, who has been deprived of liberty since July 2021, is reportedly in severe conditions of detention, and is allegedly not receiving adequate medical care.
Upon analyzing the submissions of fact and law offered by the applicants, the IACHR notes that the proposed beneficiary, who is deprived of liberty after having participated in protests in July 2021, is an elderly person who purportedly suffers from various medical conditions and has not received adequate medical care to date, after 12 months of detention and despite his delicate health condition. Similarly, the IACHR observes that his relatives have not had access to consistent information about his health, nor have they had regular access to visits. The IACHR considers, from the applicable prima facie standard, that the proposed beneficiary is in a serious and urgent situation presenting a risk of irreparable harm.
Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that Cuba:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of Félix Navarro Rodríguez;
- ensure that the conditions of detention of the proposed beneficiary are compatible with applicable international standards on the matter. In particular, among other measures, (i) provide medical care as prescribed by medical specialists, (ii) allow regular visits by family members and legal representation, (iii) assess in light of the conditions of detention and health of the proposed beneficiary whether the application of any alternative measure to deprivation of liberty is permitted, (iv) verify the sanitation and cleanliness of the place of detention, and (v) ensure access to food and drinking water for the proposed beneficiary, considering his age and medical condition;
- consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
- report on the actions undertaken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.
Résolution No. 34/22
MC 408-22 - Benny Briolly Rosa da Silva Santos and members of her work team, Brazil
On July 11, 2022, the IACHR granted precautionary measures in favor of Benny Briolly Rosa da Silva Santos and members of her work team. The request for precautionary measures alleges that the beneficiary, a councillor in the municipality of Niterói, is being subjected to a series of death threats as a result of her identification as a black transvestite woman and her work as a human rights defender.
Upon analyzing the submissions of fact and law provided by the parties, the Commission considers that the information presented shows prima facie that the proposed beneficiary is in a serious and urgent situation, given that her rights to life and personal integrity are at risk of irreparable harm.
Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Brazil:
- adopt the necessary measures to protect the rights to life and personal integrity of Ms. Benny Briolly Rosa da Silva Santos and three members of her work team, considering the ethnic-racial and gender approaches;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent similar events from reoccurring.
Résolution No. 33/22
MC 533-21 - Patricio Fabián Vaca Castro, Ecuador
On July 11, 2022, the IACHR granted precautionary measures in favor of Patricio Fabián Vaca Castro and three other people diagnosed with Chronic Myeloid Leukemia in Ecuador. The request for precautionary measures alleges that the beneficiaries, patients with blood cancer at the Carlos Andrade Marín Hospital, do not have access to the medication necessary for their adequate treatment for prolonged periods of time, despite court decisions ordering the delivery of this medication.
Upon analyzing the submissions of fact and law offered by the parties, the Commission considers that the information submitted shows prima facie that the identified beneficiaries are in a serious and urgent situation, given that their rights to life, personal integrity, and health are at risk of irreparable harm.
Consequently, pursuant to Article 25 of the Rules of Procedure, the Commission requests that Ecuador:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries by adopting immediate measures that allow access to adequate and timely medical treatment. In particular, guaranteeing consistent access to the necessary medications in accordance with the prescriptions from corresponding health professionals, as well as the diagnoses and examinations that allow regular evaluation of their health status, according to the applicable international standards; and
- consult and agree upon the measures with the beneficiaries and their representatives.
Résolution No. 30/22
MC 46-22, 193-22 - Walnier Luis Aguilar Rivera and Ibrahim Domínguez Aguilar, Cuba
On July 8, 2022, the IACHR granted precautionary measures to Walnier Luis Aguilar Rivera and Ibrahim Domínguez Aguilar, who are deprived of their liberty and are reportedly held in severe conditions of detention without receiving adequate medical care to date.
In assessing this decision, the IACHR noted that in addition to being deprived of their liberty following first trial convictions and with appeals pending decision or formal notification, it is possible to highlight the serious submissions regarding the mistreatment that the proposed beneficiaries have purportedly suffered in prison and the terrible conditions of detention that they are reportedly facing, in particular considering that the threatening events are said to be attributable to prison authorities. In the same way, the Commission observed that the allegations are consistent with the information that has been received since the country's monitoring, specifically about deplorable conditions of detention of persons deprived of liberty in Cuba, such as prison overcrowding; insufficient medicines, food, and drinking water; inadequate hygiene and sanitation; poor medical assistance; and wide range of discretion available to its officers in guaranteeing order within the penitentiaries.
Upon analyzing the information available, the IACHR, in accordance with Article 25 of its Rules of Procedure, requested that Cuba:
- adopt the necessary measures to protect the rights to life, personal integrity and health of Walnier Luis Aguilar Rivera and Ibrahim Domínguez Aguilar;
- ensure that their detention conditions are in compliance with the applicable international standards on the matter;
- consult and agree upon the measures with the beneficiaries and their representatives; and
- report on the actions undertaken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.
Résolution No. 27/22
MC 266-22 - José Alejandro Quintanilla Hernández and his nuclear family , Nicaragua
On June 22, 2022, the IACHR granted precautionary measures to José Alejandro Quintanilla Hernández and his family, after considering that they are in a serious and urgent situation placing them at risk of irreparable harm to their rights. The request for precautionary measures alleges that the proposed beneficiary, who is identified or perceived as a political opponent of the current government of Nicaragua, has been deprived of liberty since August 23, 2021, and has not received timely medical attention. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of José Alejandro Quintanilla Hernández and his family;
- ensure that the conditions of his detention are compatible with the applicable international standards on the matter, which include, but are not limited to: i. guaranteeing regular contact with his family and lawyers; ii. taking into account the risk to his life, personal integrity, and health, an impartial and specialized medical assessment of his current health situation should be carried out immediately; iii. the proposed beneficiary should be given the treatments and medications prescribed by the competent health personnel;
- consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives;
- report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent them from reoccurring.
Résolution No. 26/22
MC 66-22, 135-22 - José Antonio Peraza Collado, Roger Abel Reyes Barrera, and Irving Isidro Larios Sánchez, as well as their respective families , Nicaragua
On June 20, 2022, the IACHR granted precautionary measures in favor of José Antonio Peraza Collado, Roger Abel Reyes Barrera, and Irving Isidro Larios Sánchez regarding Nicaragua, upon considering that they are at serious and urgent risk of irreparable harm to their rights in Nicaragua. The requests for precautionary measures allege that the proposed beneficiaries, who are identified as opponents of the current government of Nicaragua, are reportedly deprived of their liberty in the Directorate of Judicial Assistance known as "El Nuevo Chipote" in inadequate conditions of detention and without receiving the necessary medical care for their health. They also emphasize that the proposed beneficiaries are being subjected to acts of intimidation and harassment by State officers, a situation that allegedly also affects their families. Accordingly, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of the proposed beneficiaries;
- take the necessary measures to ensure that the proposed beneficiaries' detention conditions are compatible with applicable international standards in this field, including: i) ensuring that they are not subjected to threats, intimidation, harassment, or assault within the prison; ii) guaranteeing access to adequate and specialized medical care, and immediately carrying out a specialized medical assessment of their individual health; and iii) granting the necessary treatments and medications to treat their respective conditions;
- consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.
Résolution No. 25/22( EXTENSION )
MC 819-18 - Yubrank Miguel Suazo Herrera, Nicaragua
On June 13, 2022, the IACHR decided to extend precautionary measures in favor of Yubrank Miguel Suazo Herrera. The request indicates that Suazo was detained and transferred to the Directorate of Judicial Assistance (DAJ) known as the Nuevo Chipote, in May 2022; on that occasion the father had also been assaulted. The Commission assessed that the detention was carried out with violence and that information on the reason for such a detention and the whereabouts of Suazo was subsequently denied. In addition, family members and lawyers have not had access to information on the situation to enable them to initiate the necessary appeals.?
Upon analyzing the submissions of fact and law provided by the representatives, the Commission considers that the beneficiary is in a serious and urgent situation, given that from the applicable prima facie standard of review, he is facing a risk of irreparable harm to his rights. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that the State of Nicaragua:
- adopt the necessary measures to guarantee the rights to life and personal integrity of Mr. Yubrank Miguel Suazo Herrera. In particular, the State must both ensure that state actors respect the rights of the beneficiary in accordance with the standards established by international human rights law, as well as in relation to acts of risk attributable to third parties;
- in order to verify his situation, grant Mr. Suazo Herrera access to his legal representatives, in addition to the family visits in accordance with the applicable standards;
- consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
- report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure.
Résolution No. 24/22
MC 449-22 - Bruno Araújo Pereira and Dom Phillips, Brazil
On June 11, 2022, the IACHR decided to grant precautionary measures in favor of indigenist and defender of the rights of indigenous peoples Bruno Araújo Pereira and British journalist Dom Phillips. The request for precautionary measures indicates that the proposed beneficiaries have been missing since June 5, 2022, when they were traveling through the Vale do Javari Indigenous Land towards the city of Atalaia do Norte, in order to visit the team of the Indigenous Surveillance at the premises and conduct interviews. After analyzing the allegations of fact and law provided by the applicants, the Commission considered that the beneficiaries are in a serious and urgent situation, since their rights face a risk of irreparable damage, based on the applicable prima facie standard. Therefore, based on Article 25 of its Rules of Procedure, the Commission requested the State of Brazil redouble its efforts to determine the situation and whereabouts of Bruno Araújo Pereira and Dom Phillips, in order to protect their rights to life and personal integrity, and that they may continue to carry out their human rights defense work or journalistic activities, as appropriate. Also, report on the actions taken to investigate with due diligence the alleged facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 23/22
MC 212-21 - Samuel Mauricio Mairena Rocha, Nicaragua
On May 30, 2022, the IACHR granted precautionary measures in favor of Samuel Mauricio Mairena Rocha, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights. The request for precautionary measures claims that the proposed beneficiary, who is identified or perceived as a political opponent of the current government of Nicaragua, is at risk as he is being subjected to threats, harassment, and surveillance by state and parastatal agents since 2018 to present day. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- take the necessary measures to protect the rights to life and personal integrity of Samuel Mauricio Mairena Rocha. To this end, the State must both ensure that state actors respect the life and personal integrity of the proposed beneficiary, as well as protect his rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law;
- consult and agree upon the measures to be adopted with the proposed beneficiary and his representatives; and
- report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution, so as to prevent these events from reoccurring.
Résolution No. 22/22
MC 331-22 - Clarence Wayne Dixon, United States
On May 10, 2022, the IACHR decided to grant precautionary measures in favor of Clarence Wayne Dixon. According to the request, the beneficiary has been held in solitary confinement on death row in the state of Arizona. The request indicates that Mr. Dixon is at risk given the imminent execution of the death penalty, considering that he is a person suffering from multiple mental and physical health conditions. The applicant also filed a petition alleging violations of the American Declaration of the Rights and Duties of Man in relation to Mr. Clarence Wayne Dixon's rights to life, liberty, and personal security; right to a fair trial; right to humane treatment during deprivation of liberty; right to a regular trial; and right not to be subjected to cruel, infamous, or unusual punishment. Given that the risk of harm is imminent in the matter at hand, the Commission has ordered precautionary measures without having previously requested relevant information from the United States (pursuant to the exception provided for in Article 25(5) of its Rules of Procedure). Having analyzed the submissions of fact and law provided, the Commission considers that the information submitted shows prima facie that there is a serious and urgent risk of irreparable harm to Mr. Dixon's rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, if Mr. Dixon is executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:
- adopt the necessary measures to protect the life and personal integrity of Clarence Wayne Dixon;
- refrain from carrying out the death penalty to Clarence Wayne Dixon, until the IACHR has had the opportunity to reach a decision on his petition;
- ensure that Clarence Wayne Dixon's detention conditions are consistent with international standards, giving special consideration to his disabilities and medical condition; and
- agree on the measures to be adopted with the beneficiary and his representatives.
Résolution No. 12/22
MC 74-22 - Richard Eugene Glossip, United States
On March 3, 2022, the IACHR decided to grant precautionary measures in favor of Richard Eugene Glossip. According to the request, the beneficiary has been held for 23 years in solitary confinement on death row in the state of Oklahoma. The request indicates that Mr. Glossip is in a situation presenting a risk given the imminent execution of the death penalty, while even different dates have been scheduled for his execution. The applicant also filed a petition alleging violations of the American Declaration of the Rights and Duties of Man in relation to the rights of Mr. Richard Eugene Glossip to life, liberty, and personal security; right to a fair trial; right to humane treatment in custody; and right to due process of law and right not to receive cruel, infamous or unusual punishment. Having analyzed the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Mr. Glossip's rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, in the event that Mr. Glossip is executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:
- adopt the necessary measures to protect the life and personal integrity of Richard Eugene Glossip;
- refrain from carrying out the death penalty on Richard Eugene Glossip until the IACHR has had the opportunity to reach a decision on his petition;
- ensure that Richard Eugene Glossip's detention conditions are consistent with international standards; and
- agree on the measures to be adopted with the beneficiary and his representatives.
Résolution No. 10/22
MC 1170-21 - Melissa Lucio, United States
On February 18, 2022, the IACHR granted precautionary measures in favor of Melissa Lucio. According to the request, the beneficiary has been on death row in Texas, United States for 14 years. ?The request indicates that Ms. Lucio finds herself in a situation of risk given the imminent execution of the death penalty and?her current conditions of confinement. The applicants also filed a petition in which they allege violations of the American Declaration on the Rights and Duties of Man with regards to Ms. Lucio's rights to life, liberty and personal security, equality before the law, right of the child to special protection, fair trial, humane treatment in custody, due process of law and not to receive cruel, infamous or unusual punishment. Having analyzed the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Ms. Lucio's rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, in the event that Ms. Lucio is executed before the Commission has the opportunity to examine the merits of her petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:
- adopt the necessary measures to protect the life and personal integrity of Melissa Lucio;
- refrain from carrying out the death penalty on Melissa Lucio until the IACHR has had the opportunity to reach a decision on her petition;
- ensure that Melissa Lucio's detention conditions are consistent with international standards, giving special consideration to her personal conditions; and,
- agree on the measures to be adopted with the beneficiary and her representatives.
Résolution No. 9/22( EXTENSION )
MC 505-15 - Indigenous people of the Musawas, Suniwas and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, Nicaragua
On February 13, 2022, the IACHR decided to extend precautionary measures in favor of Indigenous Peoples of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, in Nicaragua. The request alleged that the inhabitants of the identified communities are being subjected to threats, intimidation, and acts of violence on the Caribbean Coast in a context where land titling processes are pending due to the presence of settlers in Indigenous territories.Upon analyzing the submissions of fact and law, the IACHR considers that the information provided shows, in principle, that the beneficiaries are at serious and urgent risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requests Nicaragua to:
- adopt the necessary and culturally appropriate measures to safeguard the life and personal integrity of the indigenous people of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region;
- consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged facts that led to the adoption of these precautionary measures, so as to prevent such events from reoccurring.
Résolution No. 8/22
MC 564-21 - Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla, Nicaragua
On February 13, 2022, the IACHR granted precautionary measures in favor of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla regarding Nicaragua, having considered that they are at serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiaries, who are identified as opponents of the current Nicaraguan government, are being threatened and are suffering attacks, harassment, and arbitrary detentions by state and parastatal authorities. Similarly, it indicates that the proposed beneficiary Marvin Antonio Castellón Ubilla is reportedly deprived of liberty, where he is being subjected to threats and attacks, also in inadequate conditions of detention. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life and personal integrity of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law and taking into account a gender perspective;
- adopt the necessary measures to ensure that the detention conditions of Mr. Marvin Antonio Castellón Ubilla comply with the applicable international standards;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- 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.
Résolution No. 7/22
MC 217-21 - William Alfredo Balmaceda Ubieta and his nuclear family, Nicaragua
On February 8, 2022, the IACHR granted precautionary measures in favor of William Alfredo Balmaceda Ubieta and his nuclear family regarding Nicaragua, upon considering that they face a serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiary, identified or perceived as a political opponent in the current context of Nicaragua, is being subjected to acts of threats, attacks, harassment, and surveillance by state and para-state agents. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
- adopt the necessary measures to protect the rights to life and personal integrity of William Alfredo Balmaceda Ubieta and his nuclear family. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, and 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;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- 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.
Résolution No. 5/22
MC 858-21 - Families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous People, Colombia
On February 1, 2022, the IACHR decided to request the adoption of precautionary measures in favor of the families of the Río Murindó and Río Chageradó Reservations of the Embera Eyábida Indigenous People, in Colombia. The request for precautionary measures alleges that the proposed beneficiaries are at risk, given that their native lands are being occupied by armed groups, carrying out acts of violence that affect the proposed beneficiaries, having reported attacks, harassment, displacement, and even murders. Upon analyzing the submissions of fact and law, the IACHR considers that the information provided shows, in principle, that the beneficiaries are at serious and urgent risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requested that Colombia adopt the necessary and culturally appropriate measures to safeguard the life and personal integrity of the families of the Río Murindó and Río Chageradó Reservations; consult and agree upon the measures to be adopted with the beneficiaries and/or their representatives; and report on the actions taken to investigate the alleged facts that gave rise to this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 1/22
MC 1088-21 - Edgar Francisco Parrales Castillo , Nicaragua
On January 12, 2022, the IACHR granted precautionary measures to Edgar Francisco Parrales Castillo, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures claims that the proposed beneficiary, identified or perceived as political opponent in the current context of Nicaragua, is deprived of liberty since November 22, 2021, is being held incommunicado from his relatives and lawyers, suffers from serious diseases and is not receiving timely medical attention. Pursuant to Article 25 of its Rules of Procedure, the Commission request that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of Edgar Francisco Parrales Castillo;
- ensure that his detention conditions are compatible with applicable international standards on the matter, including, inter alia: i. to have contact with his relatives and defense lawyers; ii. taking into account the situation presenting a risk to his life, personal integrity, and health resulting from the circumstances surrounding his current deprivation of liberty and his state of health, immediately carry out an impartial and specialized medical assessment on his current health situation; iii. provide the treatments and medications that the proposed beneficiary has been reportedly prescribed; and iv. assess the possibility of immediately granting alternative measures to deprivation of liberty, based on his state of health, in accordance with its internal regulations and in light of the applicable inter-American standards; and
- report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.