IACHR Grants Precautionary Measures to Three Individuals Being Deprived of Their Freedom in Nicaragua

August 20, 2024

Washington, D.C. — On August 17, 2024, the Inter-American Commission on Human Rights (IACHR) issued Resolution 52/2024 granting precautionary measures to three people deprived of their freedom in Nicaragua after finding their situation to be of serious, urgent concern as their rights to life, personal integrity, and health are at risk of suffering irreparable harm.

The petitioning party stated that Frank Kevin Laguna Guevara, Óscar Danilo Parrilla Blandón, and Evelyn Susana Guillén Zepeda are being held at the Jorge Navarro National Penitentiary and the Integrated Penitentiary for Women (EPIM) in inadequate conditions of detention and that they are not receiving the medical care that they require. In particular, Ms. Evelyn Susana Guillén Zepeda suffers from mental health conditions as a result of being a victim of sexual violence. All three are also being subjected to acts of violence, such as intimidation and aggression by prison officials.

The beneficiaries are in a situation of legal vulnerability due to the lack of access to their files and the absence of an effective legal defense. Furthermore, the State has failed to provide any information that would allow the IACHR to determine whether the identified risk factors have been adequately addressed.

After analyzing the factual and legal allegations, the IACHR found the beneficiaries to be in a situation of risk that could further affect their rights. This is due to the fact that they are being deprived of their freedom, their state of health, their lack of access to adequate medical care, the acts of violence reported, and the conditions in which they are being held. Consequently, in accordance with article 25 of the Rules of Procedure, the IACHR requested that the State of Nicaragua

1. take the necessary measures to protect the beneficiaries' rights to life, personal integrity, and health. It specifically requested that official information on their current situation be provided while they are in State custody;
2. take the necessary measures to ensure that the conditions in which the beneficiaries are being detained are compatible with the applicable international standards on this matter, including: i. ensuring that they are not subjected to violence, threats, intimidation, and aggression in the penitentiaries in which they are being held; ii. ensuring that they have access to adequate, specialized medical care and that their medical conditions are comprehensively assessed without delay; and iii. considering the possibility of granting them alternative measures to the deprivation of freedom, given that it is impossible to protect their rights in the conditions in which they are being held;
3. agree on any measures to be taken with the beneficiaries and their representatives; and
4. report on the measures taken to investigate the alleged events that gave rise to this resolution to prevent them from being repeated.

The granting of these precautionary measures and their adoption by the State do not entail a prejudgment on any petition that may eventually be filed before the inter-American system over violations of the rights protected by the American Convention on Human Rights and other applicable instruments.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 188/24

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