IACHR adopts precautionary measures in favor of Denis Antonio García Jirón and Carmen Jirón in Nicaragua

December 1, 2021

Washington, D.C. - On November 27, 2021, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 95/2021, in which it granted precautionary measures in favor of Denis Antonio García Jirón and his mother, Carmen Jirón, after considering that they are in a serious and urgent situation of risk of irreparable harm to their rights in Nicaragua.

According to information provided by the petitioners, Denis Antonio García Jirón is detained for being a political activist and for having participated in protests against the Nicaraguan government, and his risk situation results from the inadequate and unhealthy conditions of detention, under which he has been subjected to threats, harassment and attacks by state agents and other persons deprived of liberty encouraged by the guards. In addition, his mother, Carmen Jirón, would also be at risk due to her relationship with her son.

On the other hand, the information provided by the State does not allow to determine that the risk factors identified have been duly mitigated and it does not dispute that García Jirón is being held in inadequate conditions of detention.

Taking into account the current context in Nicaragua, as well as the inadequate conditions of detention, under which Denis Antonio García Jirón has been victim of continuous threats, harassment, and attacks since the date of his detention in 2019, the IACHR considered that his situation of risk is likely to be prolonged and exacerbated over time.

Therefore, in accordance with Article 25 of its Rules of Procedure, the IACHR requested the State of Nicaragua to:

• adopt the necessary measures to protect the life and personal integrity of Mr. Denis Antonio García Jirón and his mother. In particular, the State must ensure that the rights of the beneficiary and his mother are respected in accordance with the standards established by international human rights law, both by state actors and in relation to acts of risk attributable to third parties;
• ensure that his detention conditions are compatible with applicable international standards on the matter;
• consult and agree upon the measures to be implemented 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 them from reoccurring.

The granting of this precautionary measure and its adoption by the State does not constitute the prejudgment of any petition that may eventually be presented before the inter-American system alleging violations of the rights protected in the American Convention and other applicable instruments.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 322/21

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