Mesures Conservatoires
Résolution No. 29/23
MC 286-23 - Antonio Julio Scola Lugo, Venezuela
On May 22, 2023, the IACHR granted precautionary measures in favor of Antonio Julio Scola Lugo, upon considering that he is at serious and urgent risk of irreparable harm to his rights in Venezuela. The request for precautionary measures alleges that the proposed beneficiary, who identifies himself as lieutenant of the Venezuelan Navy, is deprived of his liberty in the National Center for Accused Members of the Military (CENAPROMIL, also known as "Ramo Verde") without receiving the necessary medical attention to his health and in inadequate conditions of detention. Moreover, his situation is reportedly aggravated due to the threats and ill-treatment that he is allegedly receiving from prison officers, after being identified as a "traitor to the homeland" in Venezuela. Having analyzed the information available, the Commission considered that compliance with the requirements contained in Article 25 of its Rules or Procedure was sufficiently supported. Therefore, the IACHR requested that Venezuela:
- take the necessary measures to protect the rights to life, personal integrity, and health of Antonio Julio Scola Lugo. In particular, ensure that he has access to medical treatment, as indicated by the relevant physicians, and order that the authorities make a medical report that corroborates the beneficiary's current health;
- take the necessary measures to ensure that the beneficiary's detention conditions are compatible with the applicable international 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 gave rise to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 28/23
MC 285-23 - Carlos Gustavo Macsotay Rauseo, Venezuela
On May 16, 2023, the IACHR granted precautionary measures in favor of Carlos Gustavo Macsotay Rauseo, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Venezuela. The request for precautionary measures alleges that the beneficiary, who identifies himself as captain of Corvette of the Venezuelan Navy, is deprived of his liberty in the National Center for Accused Members of the Military (CENAPROMIL, also known as "Ramo Verde") without receiving the necessary medical attention to his health and in inadequate conditions of detention. Similarly, his situation is reportedly aggravated due to the threats and ill-treatment that he is allegedly receiving from prison officers, after being identified as a "traitor to the homeland" in Venezuela. Having analyzed the information available, the Commission considered that compliance with the requirements contained in Article 25 of its Rules or Procedure was sufficiently supported. Therefore, the IACHR requested that Venezuela:
a. adopt the necessary measures to protect the rights to life, personal integrity, and health of Carlos Gustavo Macsotay Rauseo. In particular, ensure that he has access to medical treatment, as indicated by the corresponding physicians, and that the authorities prepare a medical report that verifies the beneficiary's current health;
b. take the necessary measures to ensure that the beneficiary's detention conditions are compatible with the applicable international standards;
c. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
d. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 27/23
MC 53-23 - Álvaro Alcides Crespo Hernández and his daughter, Colombia
On May 3, 2023, the IACHR decided to grant precautionary measures in favor of Álvaro Alcides Crespo Hernández and his immediate family members. According to the request, the beneficiary is a teacher, member of the Zenú indigenous people and governor of the La Libertad Indigenous Council in the territory of the district of Pica Pica Viejo, municipality of Puerto Libertador, department of Córdoba and would be suffering death threats from illegal armed groups since 2020. The Commission assessed the information provided by the State, however, it noted that the requesting party referred to ongoing death threats and the absence of an assessment of the situation of the proposed beneficiary for the implementation of a suitable protection detail to date. Therefore, pursuant to Article 25 of the Rules of Procedure, the IACHR decided to grant precautionary measures and requested that the State of Colombia:
- adopt the necessary measures, with the corresponding ethnic approach, to protect the rights to life and personal integrity of Mr. Álvaro Alcides Crespo Hernández and his daughter;
- adopt the necessary protection measures so that Mr. Álvaro Alcides Crespo Hernández can continue to carry out his leadership activities without being subject to threats, intimidation, harassment, or acts of violence;
- 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 gave rise to the adoption of this resolution, so as to prevent such events from reoccurring.
Résolution No. 25/23
MC 61-23 - Members of the Pataxó Indigenous People located in the Barra Velha and Comexatibá Indigenous Lands in the state of Bahia, Brazil
On April 24, 2023, the IACHR granted precautionary measures in favor of members of the Pataxó Indigenous People located in the Barra Velha and Comexatibá Indigenous Lands in the state of Bahia in Brazil. According to the information received, the beneficiaries are in a situation of risk in the framework of conflicts related to the determination of their territory, having been the object of threats, harassment and acts of violence, including the murder of three young Pataxó men. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, Brazil is requested:
- to adopt the necessary measures to protect the life and personal integrity of the members of the Pataxó Indigenous People as identified, including from acts perpetrated by third parties, taking into consideration the cultural relevance of the measures adopted;
- to coordinate the measures to be adopted with the beneficiary persons and their representatives; and
- to report on the actions taken to investigate the facts that motivated the adoption of this precautionary measure and thus prevent their repetition.
Résolution No. 22/23
MC 176-23 - Michael Tisius, United States
On April 16, 2023, the IACHR granted precautionary measures in favor of Michael Tisius. The request indicates that Mr. Tisius is at risk given the imminent execution of the death penalty. The applicants also submitted a petition alleging violations of the American Declaration of the Rights and Duties of Man. Upon analyzing the submissions of fact and law offered, the Commission considers that the information presented shows prima facie that there is a serious and urgent risk of irreparable harm to Mr. Tisius's rights to life and personal integrity, in accordance with Article 25 of its Rules of Procedure. Furthermore, should Mr. Tisius be executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be irrelevant and would cause irreparable harm. Accordingly, the Commission requests that the United States of America:
- adopt the necessary measures to protect the life and personal integrity of Michael Tisius; and
- refrain from carrying out the death penalty on Michael Tisius, until the IACHR has had the opportunity to reach a decision on his petition.
Résolution No. 20/23
MC 738-22 - D.R.Z., D.A.B.A., A.C.L. and I.C.L., Nicaragua
On April 13, 2023, the IACHR decided to grant precautionary measures in favor of 4 members of the Mayangna indigenous people, who are deprived of their liberty. According to the requesting party, the beneficiaries were sentenced for the Kiwakumbaih Massacre and have been deprived of their liberty since 2021 without receiving adequate and timely medical attention, in unhealthy conditions and being subjected to constant threats from guards and other persons deprived of their liberty. In its analysis, the Commission took into account that the facts presented have been purportedly perpetrated by State officers, which would put the beneficiaries in a special situation of vulnerability. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that Nicaragua:
- adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries, taking into account their status as members of an indigenous people;
- adopt the necessary measures to ensure that the beneficiaries' detention conditions are compatible with the applicable international standards in this area, including the following: 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 health; and iii) granting the necessary treatments and medications to treat their respective illnesses;
- 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 facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 19/23
MC 214-23 - Rolando José Álvarez Lagos, Nicaragua
On April 13, 2023, the IACHR granted precautionary measures in favor of Rolando José Álvarez Lagos, after 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 alleged that Mr. Álvarez Lagos, who is a priest and bishop of Matagalpa, is being deprived of his liberty in the Jorge Navarro National Penitentiary System known as "La Modelo," and there is no information from the state authorities about his current situation and current conditions of detention, after being incommunicado since his arrest. It was also pointed out that Mr. Álvarez Lagos suffers from a series of health problems, and there is no information about his current state of health or if he has access to medical care and the necessary medications. Pursuant to Article 25 of its Rules of Procedure, the IACHR requests that Nicaragua:
- take the necessary measures to protect the rights to life, personal integrity, and health of Rolando José Álvarez Lagos;
- take the necessary measures to ensure that the beneficiary's detention conditions are compatible with the applicable international standards in the matter, including: i. guaranteeing access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of his health; ii. ensuring access to the treatments and medications required to treat his health issues; and iii. guaranteeing regular contact and access to his family members, his lawyers, and representatives;
- consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
- report on the actions undertaken in order to investigate the alleged facts that led to the adoption of this resolution, so as to prevent such events from reoccurring.
Résolution No. 18/23
MC 937-22 - Pedro de Jesús Pinto Cabrera and his family unit, Honduras
On April 13, 2023, the IACHR granted precautionary measures in favor of Pedro de Jesús Pinto Cabrera and his family, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Honduras. The request for precautionary measures alleges that the proposed beneficiary is a public official of the Forest Conservation Institute and carries out environmental rights defense activities in the municipality of La Labor, in the department of Ocotepeque, in the Guisayote Reserve. Due to his work, the proposed beneficiary is reportedly subject to acts of violence, threats, and intimidation since November 2022. In its analysis, the Commission assessed the protection measures taken by the State. However, the Commission considered that the threatening events are said to be a form of retaliation against the proposed beneficiary's action in the defense of the environment, as well as the serious and ongoing risk, despite the protection measures. Accordingly, under the terms of Article 25 of the Rules of Procedure, the Commission requests that the State of Honduras:
- adopt the necessary measures to protect the rights to life and personal integrity of Pedro de Jesús Pinto Cabrera and his family unit;
- adopt the necessary measures so that the beneficiary can carry out his activities without being subject to threats, harassment, and violence in the exercise of his duties as a Reserve Ranger of the Directorate of the Guisayote Reserve Institute (Guarda Reserva de la Dirección del Instituto de Reserva Guisayot
- and President of the Water Board (Junta de Agu
- of the La Mesa neighborhood, in La Labor, Department of Ocotepeque;
- 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 facts that gave rise to the adoption of this precautionary measure, so as to prevent such incidents from reoccurring.
Résolution No. 15/23
MC 66-23 - Carlos Eduardo Salazar Ojeda et al. (Trade Union Leaders of the Civil Society Organization National Trade Union Coalition of Workers), Venezuela
On April 1, 2023, the IACHR decided to grant precautionary measures in favor of seven union leaders of the Civil Society Organization National Trade Union Coalition of Workers (CSNT) in Venezuela. According to the requesting party, the beneficiaries have played a leading role in the convening of demonstrations since 2022, within the framework of the disagreement of public employees with the approval of a technical instruction by the National Budget Office (ONAPRE), for which they are said to be suffering threats, harassment, and surveillance by State agents repeatedly. In its analysis, the Commission took into account that the facts presented have been purportedly perpetrated by State officers, which would put the beneficiaries in a special situation of vulnerability. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that Venezuela:
- adopt the necessary measures to protect the rights to life and personal integrity of the beneficiaries;
- adopt the necessary protection measures so that the beneficiaries can continue to carry out their union leadership activities without being subject to threats, intimidation, harassment or acts of violence;
- consult and agree upon the measures to be implemented with the beneficiaries and their 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 such events from reoccurring.
Résolution No. 12/23
MC 492-21 - Juan Carlos Soni Bulos et al., Mexico
On March 21, 2023, the Inter-American Commission on Human Rights adopted Resolution 12/2023, by which it granted precautionary measures in favor of Juan Carlos Soni Bulos et al., upon considering that they are in a serious and urgent situation of the rights to life and personal integrity in Mexico.
It was alleged that in the context of the safety issues within the Huasteca area, there are violent acts specifically directed against Juan Carlos Soni Bulos, his family members, and close colleagues. This situation has reportedly persisted over time. The Commission assessed the intensification of recent threats, harassment, and/or acts of violence allegedly carried out by organized armed groups, and which have been brought to the attention of the Protection Mechanism. In addition, the Commission considered that, regarding Juan Carlos Soni and three other beneficiaries, the State has maintained protection measures for a period of eight years, regardless of their origin or relationship with the defense of human rights. Moreover, the IACHR assessed the scope of the protection measures implemented by the State, however, they are reportedly not mitigating or reducing the risk factors. Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
- Immediately adopt the necessary measures to preserve the life and personal integrity of the duly identified beneficiaries;
- 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 facts that led to the adoption of these precautionary measures.
Résolution No. 11/23
MC 41-22 - Hedme Fátima Castro Vargas and her family unit, Honduras
On March 6, 2023, the IACHR granted precautionary measures in favor of Hedme Fátima Castro Vargas and her family unit, after considering that they are in a serious and urgent situation posing a risk of irreparable harm to their rights in Honduras. In the request for precautionary measures, it is alleged that Hedme Fátima Castro Vargas, who is a human rights defender and executive director of the Association for Participatory Citizenship (ACI-PARTICIPA), is being subjected to monitoring, surveillance, threats, and other threatening events in the exercise of her duties. In the request, it is also pointed out that despite having current protection measures in place, these are not being adequately implemented nor have corresponding corrective actions been taken to the date, which has allowed the ongoing and permanent threatening situation to the detriment of Ms. Hedme Fátima Castro Vargas and her family members. Therefore, the State of Honduras is requested to:
- adopt the necessary measures, with a gender approach, to protect the rights to life and personal integrity of Ms. Hedme Fátima Castro Vargas and the members of her family unit;
- adopt the necessary protective measures, with the corresponding gender approach, in order for Ms. Hedme Fátima Castro Vargas to continue carrying out her activities in defense of human rights without being subject to threats, intimidation, harassment, and acts of violence;
- 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 gave rise to the adoption of this resolution, so as to prevent such events from reoccurring.
Résolution No. 10/23
MC 938-22 - Members of the Boa Hora III/Marmorana Quilombola Territory, located in the rural area of Alto Alegre do Maranhão, in the State of Maranhão, Brazil
On February 27, 2023, the IACHR decided to grant precautionary measures in favor of members of the traditional Afro-descendant Quilombola people of the Boa Hora III/Marmorana Quilombola Territory, in the state of Maranhão, in Brazil. According to the request, a landowner invaded part of the territory, tore down the fences of the residents, surrounded the community's plantation areas, and prevented access to the natural source of water used by the community. The above, allegedly with the use of armed men, who would be monitoring and threatening the beneficiaries. The Commission appreciated the information provided by the State; however, it observed that the applicants have referred to the continued presence of armed men in the community, intimidation actions against the beneficiaries, and the absence of collective protection measures adopted by the State. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Brazil:
- adopt the necessary and culturally appropriate measures, with a due ethnic-racial approach, to protect the rights to life and personal integrity of the members of the Boa Hora III/Marmorana Quilombola Territory. Similarly, the State must guarantee that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, with respect to threatening acts attributable to third parties;
- 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 facts that gave rise to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 5/23
MC 729-22 - Liz Patricia Benavides Vargas and her family unit, Peru
On February 6, 2023, the Inter-American Commission on Human Rights adopted Resolution 5/2023, by which it granted precautionary measures in favor of de Liz Patricia Benavides Vargas and her family unit. The IACHR considered the current context of institutional crisis in the country, as well as the investigations she is carrying out as Attorney General.
The Commission also acknowledged and appreciated that the State is providing material protection to the proposed beneficiary and that it has even increased the personnel that make up her security detail within the framework of domestic provisions. However, given the situation raised, these personnel are said to be insufficient, and their increase has been allegedly denied.
Consequently, pursuant to Article 25 of its Rules of Procedure, the IACHR requested that the State of Peru:
- adopt the necessary measures to guarantee the rights to life and personal integrity of the beneficiaries;
- 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 events that led to the adoption of this resolution, so as to prevent such events from reoccurring.
Résolution No. 4/23
MC 931-22 - Guillermo Andrés Mosquera Miranda et al., Colombia
On February 6, 2023, the IACHR decided to grant precautionary measures in favor of Guillermo Andrés Mosquera Miranda, Nidia Marcela Montoya, Carlos Mauricio Mosquera Miranda and their families. Guillermo Andrés Mosquera Miranda and his partner, Nidia Marcela Montoya, are teachers in the department of Cauca and peasant social leaders. Carlos Mauricio Mosquera Miranda, was a candidate for the House of Representatives of the legislative elections for the jurisdiction of peace during 2022. According to the request, the beneficiaries have suffered death threats from illegal armed groups, were victims of forced displacement and were subjected to acts of violence. The Commission appreciated the actions taken by the State and the information available; however, it noted that the applicants have referred to the ongoing threats from illegal armed groups and the lack of protective measures taken by the State. Therefore, in the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Colombia:
- adopt the necessary measures to protect the life and personal integrity of Carlos Mauricio Mosquera Miranda, Guillermo Andrés Mosquera Miranda, Nidia Marcela Montoya, and their family units;
- adopt the necessary measures to ensure that the beneficiaries can continue to carry out their activities as human rights defenders without being subjected to threats, intimidation, harassment, or acts of violence;
- consult and agree upon the measures with the beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of these precautionary measures, so as to prevent such events from reoccurring.
Résolution No. 3/23
MC 892-22 - Pascuala López López and her family unit , Mexico
On January 26, 2023, the Inter-American Commission on Human Rights adopted Resolution 3/2023, through which it granted precautionary measures for the benefit of Pascuala López López and her family unit.
The Commission considered that the existence of a situation entailing a serious risk to the beneficiary's rights to life and personal integrity related to her position regarding the elections of authorities in the ejido Cuxtitalli el Pinar, Chiapas, and on the demands for justice for the murder of her son occurred in February 2020 is sufficiently established, and that the risk events have continued to present themselves against her and her relatives. Additionally, the Commission noted that no substantive progress has been made in sanctioning those who would be responsible for the risk events, which is a relevant aspect when establishing the risk that the beneficiary would face and the likelihood of their recurrence.
Consequently, pursuant to the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
- take the necessary measures to guarantee the life and personal integrity of Ms. Pascuala López López and her identified relatives, and, specifically, ensure their safety and prevent acts of threats, intimidation, and violence against them by third parties, whilst considering the differentiated approaches based on their gender and cultural relevance;
- 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 events that led to the adoption of this resolution, so as to prevent such events from reoccurring.
Résolution No. 2/23
MC 876-22 - Eleven members of the Jesuit community of Cerocahui, Tarahumara, municipality of Urique, Chihuahua, Mexico
On January 22, 2023, the Inter-American Commission on Human Rights adopted Resolution 2/2023, by which it granted precautionary measures to eleven members of the Jesuit community of Cerocahui, Tarahumara, in the municipality of Urique, Chihuahua, Mexico. The Commission considered that the beneficiaries are prima facie in a situation that places them at serious risk in the face of threats and aggressions, perpetrated by a criminal group, which also prevents the normal development of their pastoral activities and support to the communities of the area. The Commission noted that the situation of the proposed beneficiaries is framed in a context of violence and insecurity that especially affects the inhabitants of the region of Tarahumara, Chihuahua, primarily after the murder of two Jesuit priests on June 20, 2022, inside their own temple. The Commission also observed that there is a context of stigmatization and delegitimization of the proposed beneficiaries after their complaints and actions linked to the investigation into the murder of Jesuit priests, and questions about their position on the security policies of the State.
Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
- adopt the necessary security measures to protect the life and personal integrity of the beneficiaries. Among these measures, their safety must be guaranteed and any acts of threat, intimidation, and violence against them by third parties must be prevented;
- adopt protective measures that allow the proposed beneficiaries to continue carrying out their pastoral work without being subjected to threats, intimidation, harassment, and acts of violence against them;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
- report on the actions taken to investigate the facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Résolution No. 1/23
MC 42-23 - Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia, Mexico
On January 22, 2023, the IACHR decided to grant precautionary measures in favor of Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia, in Mexico. The request for precautionary measures indicates that since January 15, 2023, the whereabouts or fate of the beneficiaries is unknown. It was also reported that prior to their disappearance, both beneficiaries participated in a communal assembly in Aquila, Michoacán, a community where Ricardo Lagunes provided legal accompaniment and Antonio Díaz is a community leader. Pursuant to Article 25 of its Rules of Procedure, the Commission requested that the State of Mexico:
- redouble the efforts to determine the whereabouts or fate of Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia, in order to protect their rights to life and personal integrity; and
- report on the actions taken to investigate the facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.