Precautionary Measures

Resolution No. 51/23
PM 308-23 - Jonatan Alberto Palacios Castillo, Venezuela

On September 17, 2023, the IACHR decided to grant precautionary measures in favor of Jonatan Alberto Palacios Castillo, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Venezuela. The request alleges that the beneficiary is at risk due to the lack of adequate and timely medical attention during preventive detention, despite repeated judicial decisions in his favor.

According to the applicant, the beneficiary is a Colombian citizen and is being held in pretrial detention at the Western Penitentiary Center II, without receiving the adequate and timely medical attention he purportedly requires. The Commission found that, throughout his detention period, several judicial decisions ordering his medical transfer have not been executed. The foregoing, despite the health condition of the proposed beneficiary, which reportedly led to the fact that to date his medical treatment has not been defined according to his medical condition, with pending assessments to be made.

Upon analyzing the available information, the Commission considered that compliance with the requirements contained in Article 25 of its Rules of Procedure was sufficiently justified. Therefore, it requested that Venezuela:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Jonatan Alberto Palacios Castillo. In particular, ensuring that he has access to timely medical treatment. This includes, inter alia, making the pertinent medical transfers for the corresponding medical evaluations and follow-ups;
  2. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
  3. 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.

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Resolution No. 40/23
PM 409-23 - Franklin Alfredo Caldera Cordero, Venezuela

On July 20, 2023, the IACHR decided to grant precautionary measures in favor of Franklin Alfredo Caldera Cordero, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Venezuela. The request alleges that the beneficiary is being subjected to acts of persecution and threats as a consequence of his work as a human rights defender and founder of the Victims Committee "Familia S.O.S. Libertad". In particular, it was indicated that the threatening events occurred as a result of public statements and denunciations regarding the situation of political prisoners in Venezuela, specifically his son, a former lieutenant of the Venezuelan Army, who has been deprived of liberty since February 11, 2021, in a cell of the DGCIM in an allegedly arbitrary manner and without receiving the necessary medical attention.

Upon analyzing the available information, the Commission considered that compliance with the requirements contained in Article 25 of its Rules of Procedure was sufficiently justified. Therefore, it requested that Venezuela:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Franklin Alfredo Caldera Cordero;
  2. adopt the necessary protective measures so that Mr. Franklin Alfredo Caldera Cordero can continue to carry out his human rights defense work, without being subject to threats, intimidation, harassment, or acts of violence;
  3. consult and agree on the measures to be adopted with the beneficiary and his representatives; and
  4. 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.

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Resolution No. 37/23
PM 438-23 - Mary Yuli González Pérez, Venezuela

On June 24, 2023, the IACHR decided to grant precautionary measures in favor of municipal councilor Mary Yuli González Pérez, in the Bolivarian Republic of Venezuela. According to the request, the proposed beneficiary is at risk as a result of threats, harassment, and acts of violence against her, as a consequence of her work as a council member and her activities as part of the political opposition. Upon analyzing the submissions of fact and law provided in the request, the IACHR considers, from the applicable prima facie standard, that Ms. Mary Yuli González Pérez is in a serious and urgent situation, given that her rights to life and personal integrity face a risk of irreparable harm. Consequently, based on Article 25 of its Rules of Procedure, the Commission requested that the Bolivarian Republic of Venezuela

  1. adopt the necessary measures to protect the rights to life and personal integrity of Mary Yuli González Pérez;
  2. adopt the necessary protection measures so that Ms. Mary Yuli González Pérez can continue to carry out her social and political activities, particularly in exercise of her duties as alternate Council Member to the Capital District City Council, without being subject to threats, intimidation, harassment or acts of violence;
  3. consult and agree upon the measures to be implemented with the beneficiary and her representatives; and
  4. 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.

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Resolution No. 30/23
PM 283-23 - Gustavo Enrique Carrero Angarita, Venezuela

On May 29, 2023, the IACHR granted precautionary measures in favor of Gustavo Enrique Carrero Angarita, 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 Frigate lieutenant of the National Bolivarian Armed Force, 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:

  1. adopt the necessary measures to protect the rights to life, personal integrity and health of Gustavo Enrique Carrero Angarita. 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;
  2. take the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards;
  3. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
  4. 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.

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Resolution No. 29/23
PM 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:

  1. 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;
  2. take the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards;
  3. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
  4. 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.

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Resolution No. 28/23
PM 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.

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Resolution No. 15/23
PM 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:

  1. adopt the necessary measures to protect the rights to life and personal integrity of the beneficiaries;
  2. 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;
  3. consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
  4. 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.
The granting of this precautionary measure and its adoption by the State do not constitute a prejudgment of any petition eventually filed before the inter-American system regarding a possible violation of the rights protected in the applicable instruments.

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