IACHR grants precautionary measures to Mario Alberto Hernández Leyva in Cuba

March 28, 2025

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Resolution 28/2025

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Washington, DC—On March 27, 2025, the Inter-American Commission on Human Rights (IACHR) issued Resolution 28/2025 granting precautionary measures to Mario Alberto Hernández Leyva in Cuba after determining that his rights were at serious and urgent risk of irreparable harm.

According to the request, the proposed beneficiary is the vice president of the Opposition Movement for a New Republic and a leader of the Cuba Decides campaign. Since 2023, he has been repeatedly detained and has allegedly been held incommunicado and in punishment cells, subjected to beatings and restrictions of his rights, including visits and contact with the outside world. This situation, coupled with the lack of appropriate medical attention and the beneficiary's existing mental health issues, has made him particularly vulnerable to the risks he has been exposed to.

After analyzing the factual and legal allegations, the IACHR determined that the risk factors that Mario Alberto Hernández Leyva is experiencing can be attributed to state agents in whose custody he is being held and to the lack of an open investigation into the reported events, despite the State's knowledge of them. As the beneficiary remains in state custody in the conditions described above and given the risk of these circumstances continuing and worsening, in accordance with article 25 of its Rules of Procedure, the IACHR requests that Cuba:

  1. take the necessary measures to protect the beneficiary's rights to life, personal integrity, and health;
  2. take the necessary measures to ensure that the conditions in which he is being detained comply with the applicable international standards, particularly ensuring that he is provided with appropriate medical care and that a course of medical treatment is outlined;
  3. consult with Mario Alberto Hernández Leyva and his representatives on any measures to be taken; and
  4. report on measures taken to investigate the alleged events that led to this resolution, with the aim of preventing their recurrence.

The granting of these precautionary measures and their implementation by the State does not constitute a decision on any future petitions that may be filed with the inter-American system concerning violations of 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. 063/25

3:45 PM