Precautionary Measures Granted

Resolution No. 10/24
PM 274-24  - Carlos Alberto Bojorge Martínez, Nicaragua

On March 6, 2024, the IACHR granted precautionary measures in favor of Carlos Alberto Bojorge Martínez, 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. Carlos Alberto Bojorge Martínez, who is a university student and poet, has been missing since January 1, 2024, after being arrested by police officers. It is alleged that on the day of his arrest, he attended a mass at the Metropolitan Cathedral in Managua, wearing a shirt of the Virgin Mary, a small Nicaraguan flag and a picture of Monsignor Arnulfo Romero in reference to the state persecution against the Catholic Church in the country. In the evening hours, he was detained by police officers who took him to an unknown destination, presumably without an arrest warrant and without the reasons for his detention being known. The Commission also found that the State did not provide any information on the measures adopted to mitigate the beneficiary’s risk situation, or on the actions taken to determine the beneficiary’s whereabouts or fate. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to determine the situation and whereabouts of Mr. Carlos Alberto Bojorge Martinez, in order to protect his rights to life and personal integrity;
  2. report on the conditions of detention in which he is currently being held. In particular, the Commission also requests that Nicaragua report on the place of his detention, allowing access to his legal representatives and family members, as well as the necessary health care; and
  3. 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.

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Resolution No. 7/24
PM 95-24 - Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, Nicaragua

On March 1, 2024, the IACHR granted precautionary measures in favor of Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, who are identified or perceived as political opponents of the current Nicaraguan government, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleged that the beneficiaries are deprived of their liberty in different prisons and despite suffering from a series of health problems, they do not have access to the necessary medical attention or medicines. In addition, they are reportedly being held in inadequate conditions of detention and are being subjected to aggression by prison officials. The Commission also found that the State did not provide any information regarding the measures adopted to mitigate the risk faced by the beneficiaries. In accordance with Article 25 of the Rules of Procedure, the Commission requests Nicaragua to:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano;
  2. adopt the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with the applicable international standards on the matter, including: i. guarantee that they are not subjected to threats, intimidation, harassment, or aggression inside the prison; ii. guarantee access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of their health; iii. provide the necessary treatments and medications to treat their health issues; iv. guarantee regular contact and access to their family and legal representatives, and v. evaluate the possibility of granting alternative measures to imprisonment given the impossibility of protecting their rights in light of the current detention conditions;
  3. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  4. report on the actions taken in order to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.

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Published