IACHR Grants Follow-Up Resolution Concerning Precautionary Measure for Members of Salvadoran Newspaper El Faro
July 13, 2022
Washington, D.C. — On July 8, 2022, the Inter-American Commission on Human Rights (IACHR) issued Follow-Up Resolution 32/2022 concerning the precautionary measures in favor of workers at El Faro online newspaper in El Salvador. This resolution extends the precautionary measure to three beneficiaries and lifts it for six others.
The follow-up resolution addressed the implementation of the precautionary measures granted through Resolution 12/2021, evaluated the actions implemented by the State to adopt protective measures in favor of the beneficiaries, and discussed the challenges to the effective implementation of this that have been reported by the parties. In this regard, the IACHR encouraged the parties to establish spaces for consultation in order to move toward the effective implementation of measures to protect these individuals as they go about their work as journalists.
The resolution also took into account the updated information on events that jeopardized the life and integrity of the beneficiaries that were reported to the IACHR by their representatives, particularly given that the beneficiaries continue to work as journalists in El Salvador. The IACHR concluded that the requirements of seriousness, urgency, and irreparable harm established in Article 25 of the Rules of Procedure remain valid and encouraged the parties to agree on suitable protection measures. It ruled to:
- Maintain the precautionary measures granted in favor of the following individuals who work at El Faro newspaper: (1) C.A.D.S, (2) J.L.S.R, (3) D.V, (4) O.M, (5) M.L.N, (6) C. M, (7) S.A, (8) E.L, (9) V.G, (10) J. A, (11) G.L, (12) N.R, (13) G.C, (14) M.C, (15) R.L, (16) V.P, (17) C.B, (18) O.M, (19) D.R, (20) K.R, (21) D.B, (22) C.S, (23) A.A, (24) A.B.L, (25) M.S, (26) J.R, (27) M.V, and (28) M.A., as a result of which it requires the State of El Salvador to continue to take the necessary measures to effectively guarantee their life and personal integrity, so as to ensure that the beneficiaries can go about their work as journalists and exercise their right to freedom of expression without being subjected to acts of intimidation, threats, and harassment such as those described in the requests submitted through Resolution 12/2021 and taking the conclusions reached in this resolution into account;
- Extend precautionary measure 1051-21 in favor of (29) J.N.G.P., (30) L.M.G.C., and (31) R.M.M.Z., requesting that El Salvador respond as requested in Resolution 12/2021;
- Lift the precautionary measures in favor of (1) A.S., (2) E.G., (3) M.A., (4) L.G., (5) M.T., and (6) J.C.;
- Request that the parties submit specific, detailed, up-to-date information on the situation of the beneficiaries and the measures adopted to implement this precautionary measure with a view to continuing to evaluate their situation as per the terms of Article 25 of the Rules of Procedure;
- Request that the parties continue to develop spaces for internal consultation and coordination as part of the process of implementing these precautionary measures in light of the considerations set forth in this resolution;
- Express the willingness of the IACHR to expand the technical and thematic support that it is providing, which it will do through the Office of the Special Rapporteur for Freedom of Expression, to advance the implementation of these precautionary measures in accordance with the principle of consultation between the parties;
- Express the willingness of the IACHR to conduct an on-site visit to El Salvador, with prior consent from the State, to verify the situation of the beneficiaries of these precautionary measures, which might include a working meeting with the parties and meetings with the beneficiaries and the authorities that are directly responsible for implementing these precautionary measures. This would be one of the appropriate follow-up measures for the effective implementation of these precautionary measures; and
- Continue implementing appropriate follow-up measures as per Article 25.10 and other provisions set out in its Rules of Procedure.
The IACHR's granting of this precautionary measure and its adoption by the State does not entail a prejudgment on any petition that may eventually be filed before the inter-American system to allege that the rights protected by any applicable instruments have been violated.
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.