Precautionary Measures
Resolution No. 54/21
PM 324-21 - Karla Patricia Ñamendi Mendoza and her nuclear family , Nicaragua
On July 22nd, 2021 the IACHR granted precautionary measures in favor of Karla Patricia Ñamendi Mendoza and her nuclear family. According to the request, as a result of her work in political opposition to the current Nicaraguan government, the proposed beneficiary is being subjected to threats, harassment, and acts of violence by state and parastate authorities. Thus, the State of Nicaragua was required to a) adopt the necessary measures to protect the rights to life and personal integrity of Karla Patricia Ñamendi Mendoza, Esperanza del Carmen Mendoza Amador, Raquel de los Ángeles Ñamendi Mendoza, C.A.G.Ñ., and A.A.G.Ñ. Particularly, the State must ensure that its agents respect the rights of the proposed beneficiaries, in accordance with the standards established by international human rights law, and in relation to threatening acts attributable to third parties; b) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and c) report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 53/21
PM 552-21 - Yiner Hernán Quiguantar Cortés, Colombia
On July 15, 2021, the IACHR decided to grant precautionary measures to Mr. Yiner Hernás Quiguantar Cortés, in Colombia. The request for precautionary measures alleges that the beneficiary, a social, youth and indigenous leader in Cauca, has been subjected to threats and harassment, while no suitable and effective protection measures have been implemented in his favor. Upon analyzing the submissions of fact and law provided by the applicants, the IACHR considered, from the applicable prima facie standard of review, that Yiner Hernán Quiguantar Cortés is in a serious and urgent situation, given that his rights to life and personal integrity face a risk of irreparable harm. Consequently, based on Article 25 of its Rules of Procedure, the Commission asked the State of Colombia to a) adopt the necessary measures to protect their rights to life and integrity. In particular, the State must ensure that the protection measures implemented are sufficiently effective and adequate, in light of the risks identified in the resolution, so that he can continue to carry out his activities as a social leader and human rights defender, without being subjected to risk events against him; b) consult and agree upon the measures to be adopted with the beneficiary and his representatives; and c) 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.
Resolution No. 52/21
PM 311-21, 462-21 - Willih Francisco Narváez González and Alberto José Miranda Herrera , Nicaragua
On July 11, 2021, the IACHR granted precautionary measures in favour of Willih Francisco Narváez González and Alberto José Miranda Herrera. According to the applicants, the proposed beneficiaries find themselves in a situation of risk given that they are being victims of threats, harassment and surveillance by state authorities and private individuals due to their work as journalists. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Willih Francisco Narváez González and Alberto José Miranda Herrera. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law; b) adopt the necessary measures so that Willih Francisco Narváez González and Alberto José Miranda Herrera can carry out their activities as independent journalists, without being subjected to violence, intimidation, harassment, and/or other acts of violence in the exercise of their work. The above includes the adoption of measures so that they can properly exercise their right to freedom of expression; c) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and, d) report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 49/21
PM 480-21 - Cristiana María Chamorro Barrios et al., Nicaragua
On June 24th, 2021, the IACHR granted precautionary measures in favor of Cristiana María Chamorro Barrios, Walter Antonio Gómez Silva, Marcos Antonio Fletes Casco y Lourdes Arróliga. According to the request, as a result of the potential candidacy of Ms. Cristiana María Chamorro Barrios for the presidency of the Republic, both she and the remaining proposed beneficiaries began to be persecuted and harassed, while some of them are deprived of their liberty without their location and conditions of detention being known. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Cristiana María Chamorro Barrios, Walter Antonio Gómez Silva, Marcos Antonio Fletes Casco, and Lourdes Arróliga. In particular, the State must both ensure that State actors respect the rights of the beneficiaries in accordance with the standards established by international human rights law and in relation to acts of risk attributable to third parties; b) adopt the necessary measures to ensure that the detention conditions of the beneficiaries who are deprived of their liberty comply with the applicable international standards; c) consult and agree upon the measures to be adopted with the beneficiaries and their representation; and d) report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 48/21
PM 479-21 - Jhovanny Alexander Tenorio Urbina, Nicaragua
On June 13, 2021, the IACHR granted precautionary measures in favour of Jhovanny Alexander Tenorio Urbina. According to the request, the beneficiary has been missing since May 2, 2021, when he was detained at the Hacienda La Aurora, in the municipality of Matagalpa, by four persons dressed in civilian clothes and armed, who identified themselves as police officers. Since then, his whereabouts or fate remain unknown. Upon analyzing the submissions of fact and law furnished by the applicants, the Commission considers that the information presented shows prima facie that Mr. Tenorio Urbina is in a serious and urgent situation, given that his rights to life and personal integrity are at risk of irreparable harm. Consequently, the IACHR requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Jhovanny Alexander Tenorio Urbina. In particular, report whether the beneficiary is in the custody of the State and, where appropriate, the circumstances of his deprivation of liberty, or else, adopt the measures aimed at determining his whereabouts or fate; b) consult and agree upon the measures to be adopted with the beneficiary’s representation; and c) implement the actions aimed at investigating the events that led to the granting of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 47/21
PM 366-21 - Kalua Salazar and her family, Nicaragua
On June 10, 2021, the IACHR granted precautionary measures in favour of Kalua Salazar and her family. According to the request, the beneficiary –press director for the independent media outlet La Costeñísima–, finds herself at risk because she is being the victim of threats, harassment and surveillance by State authorities and private individuals due to her work as a journalist. Upon analyzing the submissions of fact and law submitted by the parties, the Commission considers that the information presented shows, prima facie, that Ms. Salazar is in a serious and urgent situation, since her rights to life and personal integrity are at risk of irreparable harm. Consequently, the IACHR requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Kalua Salazar and her nuclear family. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law; b) adopt the necessary measures so that Kalua Salazar can carry out her activities as an independent journalist without being subjected to acts of violence, intimidation, and harassment in the performance of her work. The latter should include measures that will allow her to properly exercise her right to freedom of expression; c) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and d) report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 45/21
PM 649-20 - Leyner Fonseca Aspirilla and his family, Colombia
On June 1, 2021, the IACHR decided to grant precautionary measures to Leyner Aspirilla and his nuclear family, in Colombia. When making its assessment, the Commission considered Mr. Palacios' current role in the context of Colombia. After requesting information from the State, the Commission noted the implementation of a series of protection measures in favor of Mr. Palacios and his family. However, the Commission identified a lack of effectiveness of the protection scheme, as well as the continuous incidents that pose a risk to Mr. Palacios. Consequently, the IACHR requested that Colombia: a) adopt the necessary measures with the corresponding ethnic and gender perspective, to protect the rights to life and personal integrity of Mr. Leyner Palacios and his family. In particular, the State must ensure that the protection measures implemented are sufficiently effective and adequate, in light of the risks identified in the resolution and by addressing the shortcomings identified; b) adopt the necessary protection measures so that Mr. Leyner Palacios can continue to carry out his activities in defense of human rights without being subjected to incidents of risk against him; c) agree on the measures to be implemented with the beneficiaries and their representatives; and d) report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution and thus avoid their reoccurrence.
Resolution No. 41/21
PM 382-21 - Ovidio Jesús Poggioli Pérez, Venezuela
On May 13, 2021, the IACHR decided to grant precautionary measures in favor of Mr. Ovidio Jesús Poggioli Pérez, in the Bolivarian Republic of Venezuela. According to the request for precautionary measures, the beneficiary was deprived of his liberty by state agents on April 26, 2021, and his location or whereabouts are currently unknown. Upon analyzing the submissions of fact and law provided by the applicants, the IACHR found that, from the applicable prima facie standard, Mr. Ovidio Jesús Poggioli Pérez is in a serious and urgent situation, given that his 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 adopt the necessary measures to protect his rights to life and personal integrity. In particular, the State is called on to report whether the beneficiary is in the custody of state authorities and, if so, the circumstances of his deprivation of liberty, or otherwise, adopt the measures aimed at determining his whereabouts or fate; The State was also requested to implement the actions aimed at investigating the events that led to the granting of this precautionary measure, so as to prevent them from reoccurring.
Resolution No. 38/21
PM 978-20 - Noris Alberto Perozo, Venezuela
On April 30, 2021, the IACHR granted precautionary measures in favour of Noris Alberto Perozo. According to the request, the beneficiary finds himself in a situation of risk given that he is preventively deprived of his liberty, suffers from several serious diseases, and is not receiving the medical care that he allegedly requires. After analyzing the submissions of fact and law presented by the applicants, the Commission considers that the information submitted demonstrates prima facie that Noris Alberto Perozo is in a serious and urgent situation, given that his rights to life, personal integrity and health are at risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR’s Rules of Procedure, the Commission requests that Venezuela: a) adopt the necessary measures to protect Mr. Noris Alberto Perozo Villanueva’s rights to life, personal integrity and health. In particular, through the adoption of immediate measures that allow access to adequate medical treatment, including the necessary medications as prescribed by the corresponding health professionals, and the diagnoses and examinations to evaluate his health status on a regular basis, in accordance with the applicable international standards; b) consult and agree upon the measures to be adopted with the beneficiary and his representation; and c) implement the actions aimed at investigating the facts that motivated the granting of this precautionary measure, so as to prevent them from reoccurring.
Resolution No. 37/21
PM 96-21 - Gustavo Adolfo Mendoza Beteta and family, Nicaragua
On April 29th, 2021, the IACHR granted precautionary measures in favor of Gustavo Adolfo Mendoza Beteta, who is deprived of Liberty at Jorge Navarro (also known as “La Modelo”) and his nuclear family, comprising Mrs. María del Rosario Beteta Castañeda, Mr. Domingo Mendoza and Mrs. Marbely Leal López. According to the request, the proposed beneficiary is allegedly deprived of liberty under inadequate conditions and being subjected to threats and acts of violence by state agents as a result of his political opposition to the current Nicaraguan government. In this context, his family is also being reportedly the target of harassment. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life and personal integrity of Mr. Gustavo Adolfo Mendoza Beteta and his nuclear family. In particular, the State must both ensure that its agents respect the rights of the beneficiaries in accordance with the standards established by international human rights law and in relation to acts of risk attributable to third parties; b) adopt the necessary measures to ensure that the detention conditions of Mr. Gustavo Adolfo Mendoza Beteta comply with the applicable international standards; c) consult and agree upon the measures to be adopted with the beneficiaries and their representation; and d) report on the actions taken to investigate the events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
Resolution No. 35/21
PM 284-18 - Tsotsil indigenous families from twelve communities in the municipality of Aldama, Chiapas, Mexico
On April 23, 2021, the IACHR decided to grant precautionary measures for Tsotsil indigenous families living in the following twelve communities: (1) Coco', (2) Tabac, (3) Xuxch'en, (4) San Pedro Cotzilnam, (5) Chayomte, (6) Juxtón, (7) Tselejpotobtic, (8) Yetón, (9) Chivit, (10) Sepelton, (11) Yoctontik and (12) Cabecera Aldama located in the Municipality of Aldama, Chiapas, in Mexico. The IACHR acknowledged the actions taken by the State to address the alleged situation. However, after monitoring the issue, the Commission noted that attacks by armed groups have persisted, even despite the existence of an Agreement on Non-Aggression. The Commission also noted the National Human Rights Commission's observations, which, on several occasions, urged the State to guarantee the rights of the inhabitants of the area. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requested that the State of Mexico: a) adopt the necessary and culturally relevant security measures to protect the life and personal integrity of the beneficiaries. Specifically, the State must adopt the necessary measures to guarantee their safety within their communities and during their displacements, in order to prevent threats, harassment, intimidation or acts of armed violence against them by third parties; b) agree on the measures to be adopted with the beneficiaries and their representatives; and c) report on the actions taken to investigate the facts that gave rise to the adoption of this precautionary measure so as to prevent their reoccurrence.
Resolution No. 34/21
PM 241-21 - Yoel Suárez Fernández and his family, Cuba
On April 22, 2021, the IACHR granted precautionary measures in favour of Yoel Suárez Fernández. According to the request, the beneficiary is being subjected to threats, harassment, intimidations and detentions by state actors, purportedly as a result of his work as an independent journalist and writer in Cuba. After analyzing the submissions of fact and law presented by the applicants, the Commission considers that the information submitted demonstrates prima facie that Yoel Suárez Fernández finds himself in a serious and urgent situation, given that his rights to life and personal integrity are at risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR’s Rules of Procedure, the Commission requests that Cuba: a) implement the necessary measures to protect the rights to life and personal integrity of Mr. Yoel Suárez Fernández and his family. To this end, the State must ensure that its agents respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law; b) adopt the necessary measures to ensure that Mr. Yoel Suárez Fernández can carry out his activities as an independent journalist without being subjected to acts of violence, intimidation, harassment and detention in the exercise of his work. The foregoing includes the adoption of measures so that he can exercise his right to freedom of expression; c) agree upon the measures to be implemented with the beneficiaries and their representatives; and, d) report on the actions taken to investigate the alleged events that led to the adoption of this resolution with the aim of preventing their reoccurrence.
Resolution No. 33/21
PM 205-21 - Kevin Roberto Solís, Nicaragua
On April 22, 2021, the IACHR granted precautionary measures in favour of Kevin Roberto Solís. According to the request, the beneficiary –a university student, social activist and government opponent–, finds himself in a situation of risk in the context of his deprivation of liberty due to beatings received during his detention, as well as his detention conditions and an alleged lack of medical attention. After analyzing the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that Kevin Roberto Solís finds himself in a serious and urgent situation, given that his rights to life, personal integrity and health are at risk of irreparable harm. Consequently, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life, personal integrity and health of Mr. Kevin Roberto Solís; b) ensure that his conditions of detention are compatible with the applicable international standards; c) taking into account the context of the COVID-19 pandemic and the situation of risk to the life, personal integrity and health of the beneficiary as a result of the circumstances of his detention, immediately evaluate the possibility of granting alternative measures to detention, in accordance with the State’s domestic legislation and in light of the applicable inter-American standards; and, d) report on the actions taken to investigate the alleged events that gave rise to the adoption of this resolution with the aim of preventing their reoccurrence.
Resolution No. 32/21
PM 216-21 - seven pregnant women of the Wichí ethnic group, Argentina
On April 16, 2021, the IACHR decided to grant precautionary measures to 7 indigenous women who have been reportedly hiding in the town of El Potrillo while pregnant, out of fear of the authorities of the province of Formosa, in Argentina. As a result, they are unable to access the medical care they require for their pregnancy and upcoming labor, and are therefore facing a serious and urgent risk of irreparable harm to their rights in Argentina. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, Argentina was required to: a) adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries. In particular, the State must adopt immediate measures to facilitate access to adequate medical care, pursuant to the applicable international standards. These measures must be adopted with the beneficiaries’ free, informed and prior consent, with a perspective of cultural and linguistic relevance, integrating their indigenous worldview while implementing a gender approach; and, b) agree on the measures to be adopted with the representatives and beneficiaries. The Commission also asked the applicants to provide as soon as possible any additional information and to cooperate with the State in the implementation of the precautionary measures.
Resolution No. 31/21( EXTENSION )
PM 1606-18 - Javier Iván Olivares, Nicaragua
El 5 de abril de 2021, la CIDH decidió ampliar medidas cautelares a favor de Javier Iván Olivares, en Nicaragua. La Comisión identificó que la situación concreta del señor Olivares, en tanto integrante del medio “Confidencial” o periodista independiente en Nicaragua, se inserta en el contexto general represivo de la libertad de expresión en el país que ha sido identificado por la CIDH. Asimismo, se inserta también en la situación particular que atraviesan los integrantes de medios independientes como el “Confidencial”, cuyos integrantes son beneficiarios de medidas cautelares. En ese sentido, se han continuado presentando amenazas, hostigamientos o seguimientos de parte de personas identificadas como de la policía, los cuales se han extendido a sus familias. La Comisión entiende que en tanto periodistas independientes o integrantes de los medios de comunicación del señor Chamorro continúan expuestos a los factores de riesgo valorados previamente en las medidas cautelares de 2018 y en la ampliación de 2020. En consecuencia, la Comisión solicitó al Estado de Nicaragua que: a) adopte las medidas necesarias para garantizar la vida e integridad personal de la persona identificada en la presente resolución. A tales efectos, el Estado debe tanto asegurar que sus agentes respeten la vida e integridad personal de las personas beneficiarias de conformidad con los estándares establecidos por el derecho internacional de los derechos humanos, como proteger sus derechos en relación con actos de riesgo que sean atribuibles a terceros; b) adopte las medidas necesarias para que la persona beneficiaria pueda desarrollar sus labores periodísticas sin ser objeto de actos de intimidación, amenazas u otros hechos de violencia en el ejercicio de las mismas. Lo anterior incluye, la adopción de medidas para proteger el derecho a la libertad de expresión de los integrantes del medio identificado; c) concierte las medidas a adoptarse con persona identificada y sus representantes; y d) informe sobre las acciones adoptadas a fin de investigar los presuntos hechos que dieron lugar a la adopción de la presente medida cautelar y así evitar su repetición.
Resolution No. 30/21( EXTENSION )
PM 211-20 - Esber Rafael Ramírez Argota, Cuba
El 5 de abril de 2021, la CIDH decidió ampliar medidas cautelares a favor de Esber Rafael Ramírez Argota, en Cuba. La Comisión observó que los hechos alegados se enmarcan en un contexto particular por el que atraviesa el país, existiendo una especial hostilidad hacia los integrantes del CIR, lo que se vio reflejado en el actuar de los agentes del Estado que llevaron a cabo los hechos alegados en perjuicio del señor Ramírez. En consecuencia, la CIDH solicitó a Cuba que: a) adopte las medidas necesarias para proteger los derechos a la vida e integridad personal del beneficiario. A tales efectos, el Estado debe tanto asegurar que sus agentes respeten la vida e integridad personal de la persona beneficiaria, como proteger sus derechos en relación con actos de riesgo que sean atribuibles a terceros, de conformidad con los estándares establecidos por el derecho internacional de los derechos humanos; b) adopte las medidas necesarias para que el beneficiario pueda desarrollar sus actividades como defensores de derechos humanos, sin ser objeto de actos de violencia, intimidación, y hostigamientos en el ejercicio de sus labores. Lo anterior incluye la adopción de medidas para que pueda ejercer su libertad de expresión; c) concierte las medidas a adoptarse con la persona beneficiaria y sus representantes; y d) informe sobre las acciones adoptadas a fin de investigar los presuntos hechos que dieron lugar a la adopción de la presente medida cautelar y así evitar su repetición.
Resolution No. 29/21( EXTENSION )
PM 1101-20 - Aminta D’Cárdenas Soroa and Carlos Manuel Álvarez, Cuba
On March 24, 2021, the IACHR extended precautionary measures to Aminta D'Cárdenas Soroa and Carlos Manuel Álvarez, both associated with the San Isidro Movement (MSI), in Cuba. The IACHR identified that the proposed beneficiaries were subject to intense police control, which was not limited to surveillance, but also sought to prevent them from performing activities related to the Movement. In this sense, the IACHR noted that state agents were closely monitoring the beneficiaries’ actions and even tracking their movements between provinces in the country. In the case of Carlos Manuel Alvarez, after being detained, he was reportedly subject to acts of aggression after having been summoned to the police station. Consequently, the Commission requested that Cuba: a) adopt the necessary measures to protect the rights to life and personal integrity of the two identified beneficiaries associated with the San Isidro Movement. To this end, the State must ensure that its agents respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law; b) adopt the necessary measures so that the beneficiaries can carry out their activities as human rights defenders without being subjected to acts of violence, intimidation and harassment in the exercise of their work. c) agree upon the measures to be adopted with the beneficiaries and their representatives; and, d) report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent their reoccurrence.
Resolution No. 28/21
PM 127-21 - Nelson Gabriel Lorío Sandoval and family, Nicaragua
On March 19, 2021, the IACHR granted precautionary protection measures to Nelson Gabriel Lorío Sandoval, Karina Alejandra Navarrete Sánchez, her daughter J.M.L.N. and her nephew Ángel Gabriel Umaña Navarrete. According to the request, the proposed beneficiaries are at risk due to their search for justice in the alleged murder of their 14-month-old son T.L.L.N. at the hands of police and "paramilitary" officers. Having analyzed the available information, in light of the applicable context and findings, the Commission considers that the information submitted shows prima facie that the rights to life and humane treatment of Nelson Gabriel Lorío Sandoval and his family are at serious and urgent risk. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that the State of Nicaragua: a) adopt the necessary measures to guarantee the rights to life and humane treatment of Nelson Gabriel Lorío Sandoval and his identified family members. In particular, the State must ensure that its agents respect the rights of the beneficiaries in accordance with the standards established by international human rights law, as well as in relation to acts of risk attributable to third parties; b) agree on the measures to be adopted with the beneficiaries and their representatives; and c) report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure so as to avoid their repetition.
Resolution No. 27/21( EXTENSION )
PM 1067-18 - Danelia del Rosario Argüello Cano et al., Nicaragua
On March 14, 2021, the IACHR decided to extend the precautionary measures to Danelia del Rosario Argüello Cano and her immediate family in Nicaragua. In the current context of the country, the request alleged that Ms. Argüello and her family were being followed, intimidated and attacked in the context of her work as a human rights defender and as a member of the Unidad Nacional Azul y Blanco (Blue and White National Unity). Consequently, the Commission requested that the State of Nicaragua: a) adopt the necessary measures to guarantee the rights to life and personal integrity of the beneficiary and her family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and in relation to acts of risk attributable to third parties; b) agree on the measures to be adopted with the beneficiaries and their representatives; and c) 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.
Resolution No. 26/21
PM 552-20 - María de los Ángeles Matienzo Puerto and Kirenia Yalit Núñez Pérez, Cuba
On March 14, 2021, the IACHR granted precautionary measures to María de los Ángeles Matienzo Puerto and Kirenia Yalit Núñez Pérez, in Cuba. The request alleged that the couple faced threats, surveillance, intimidation and attacks in the context of their work as human rights defenders and independent journalists. Consequently, the Commission requested that Cuba: a) adopt the necessary measures to protect the rights to life and personal integrity of María de los Ángeles Matienzo Puerto and Kirenia Yalit Núñez Pérez. To this end, the State must ensure that its agents respect the life and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law; b) adopt the necessary measures to allow the beneficiaries to carry out their activities, whether as independent journalists or human rights defenders, without being subjected to acts of violence, threats, intimidation and harassment in the exercise of their work; c) agree on the measures to be adopted with the beneficiaries and their 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 them from reoccurring.
Resolution No. 24/21
PM 374-20 - Roberto de Jesús Quiñones Haces, Cuba
On March 9, 2021, the IACHR granted precautionary measures of protection in favor of Roberto de Jesús Quiñones Haces, in Cuba. It was alleged that the proposed beneficiary has been threatened, harassed and followed by State agents in connection with his work as a journalist. Having analyzed the arguments of fact and law presented by the applicants, the Commission considers that the information presented shows prima facie that Mr. Roberto de Jesús Quiñones Haces is in a serious and urgent situation, as his rights to life and personal integrity are at grave risk. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the IACHR requests that Cuba: a) adopt the necessary measures to protect the rights to life and personal integrity of Mr. Roberto de Jesús Quiñones Haces. Such measures should allow him to continue carrying out his work as a journalist without being subjected to threats, harassment or acts of violence in the exercise thereof; b) reach agreement with the beneficiary and his representatives on the measures to be adopted; and c) report on the actions implemented to investigate the facts that gave rise to the adoption of this precautionary measure so as to prevent them from reoccurring.
Resolution No. 17/21
PM 1076-18 - Carlos Ramon Brenes Sánchez and his nuclear family, Nicaragua
On February 25, 2021, the IACHR decided to grant precautionary measures to Carlos Brenes and his family in Nicaragua. The Commission identified Mr. Brenes as a leader among retired military personnel and the population of Masaya and Carazo. Furthermore, he is recognized for being a dissident voice, particularly after the events of April 2018. In this context, the IACHR noted that Mr. Brenes has been subjected to acts of harassment, intimidation and threats. In particular, it noted that such acts have been attributed to police officers, and have also been perpetrated against members of Mr. Brenes' family. Consequently, the State was requested to: a) adopt the necessary measures to guarantee the rights to life and personal integrity of Carlos Ramon Brenes Sánchez and his family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and with regard to acts of risk attributable to third parties; b) agree on the measures to be adopted with the beneficiary and his representatives; and c) report on the actions taken to investigate the alleged facts that gave rise to the adoption of the precautionary measure at hand, so as to prevent them from reoccurring.
Resolution No. 16/21
PM 907-20 - Kevin Adrián Monzón Mora and his nuclear family, Nicaragua
On February 22, 2021, the IACHR granted precautionary measures to Kevin Adrián Monzón Mora and his family in Nicaragua. In the current context of the country, the Commission identified that, after making several posts on "Tik Tok", Kevin Adrián Monzón has been exposed to threats, harassment, intimidation and acts of violence, including while in the custody of the State. Consequently, the Commission requested that the State of Nicaragua: a) adopt the necessary measures to guarantee the rights to life and personal integrity of Kevin Adrián Monzón Mora and his family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and in relation to acts of risk attributable to third parties. This includes the adoption of measures so that he can freely exercise his freedom of expression without being subjected to threats, intimidation, harassment or aggression; b) agree on the measures to be adopted with the beneficiary and his representatives; and c) report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure so as to avoid such acts from reoccurring.
Resolution No. 14/21
PM 1101-20 - 20 identified members of the San Isidro Movement (MSI), Cuba
On February 11, 2021, the IACHR granted precautionary protection measures in favor of 20 identified members of the San Isidro Movement (MSI) in Cuba. According to the request received, the proposed beneficiaries are at risk due to threats, harassment, surveillance, persecution, detention and acts of violence by state actors and third parties because of their work as activists and journalists, human rights defenders in Cuba.After analyzing the allegations of fact and law provided by the petitioners, the Commission asked Cuba to adopt the necessary measures to protect the rights to life and personal integrity of the 20 identified members of the San Isidro Movement (MSI). To this end, the State must both ensure that its agents respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international law of human rights; b) adopt the necessary measures so that the beneficiaries can carry out their activities as human rights defenders, without being subjected to acts of violence, intimidation and harassment in the performance of their work; c) agree on the measures to be adopted with the beneficiaries and their representatives; and, d) report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure and thus avoid its repetition.
Resolution No. 12/21
PM 1051-20 - 34 identified members of the digital newspaper “El Faro”, El Salvador
On January 4, 2021, the IACHR granted precautionary measures in favor of 34 identified members of the digital newspaper “El Faro”, in El Salvador. In making its decision, the Commission considered that the beneficiaries reportedly work for “El Faro”, an independent media outlet, and were being subjected to harassment, threats, intimidation and stigmatization -mainly through social media- due to their work as journalists. Furthermore, the Commission considered that the alleged acts of harassment, threats and intimidation towards the beneficiaries are intended not only to intimidate them but also to hinder those activities related to their journalistic work. Thus, this situation has allegedly generated a high level of visibility and exposure for the beneficiaries, thereby exacerbating the risk they are facing. Consequently, the IACHR requested that El Salvador: (a) adopt the necessary measures to preserve the life and personal integrity of the identified beneficiaries; (b) adopt the necessary measures so that the beneficiaries can carry out their journalistic activities in the exercise of their right to freedom of expression, without being subject to acts of intimidation, threats and harassment; (c) agree on the measures to be adopted with the beneficiaries and their representatives; and (d) report on the actions adopted in order to investigate the alleged facts that gave rise to the adoption of these precautionary measures so as to prevent them from reoccurring.
Resolution No. 11/21
PM 664-20 - Olman Onel Salazar Umanzor and his nuclear family, Nicaragua
On February 4, 2021, the IACHR granted precautionary measures to Olman Onel Salazar Umanzor and his immediate family in Nicaragua. Mr. Salazar is a leader both in his community and in the environmental movement. The Commission considered the various continued threats of aggression, attacks, attacks, intimidations, surveillance and harassment against him over time, particularly after the events of April 2018. Consequently, the Commission requested that the State: a) adopt the necessary measures to guarantee the rights to life and personal integrity of Olman Onel Salazar Umanzor and his nuclear family. In particular, the State must ensure that the rights of the beneficiaries are respected in accordance with the standards established by international human rights law, both by its agents and in relation to acts of risk attributable to third parties; b) agree on the measures to be adopted with the beneficiary and his representatives; and, c) report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure so as to prevent their reoccurrence.
Resolution No. 8/21
PM 998-20 - José Humberto Hernández Rodríguez, Venezuela
On January 28, 2021, the IACHR granted precautionary measures to José Humberto Hernández Rodríguez, in Venezuela. The Commission assessed that, despite various requests filed before the competent authorities, Mr. Hernández, who is deprived of his liberty, is not receiving the medical care prescribed to address his state of health. This lack of medical care is reportedly generating significant impacts on his rights. Consequently, the Commission requested that Venezuela: a) adopt the necessary measures to protect the rights to life, personal integrity and health of Mr. José Humberto Hernández Rodríguez. In particular, the State must ensure that he has access to the medical treatment prescribed by the competent authorities; b) consult and agree upon the measures to be adopted with the beneficiary and his representatives; and c) implement the actions aimed at investigating the events that led to the granting of this precautionary measure, so as to prevent them from reoccurring.
Resolution No. 7/21
PM 211-20 - Juan Antonio Madrazo Luna, Marthadela Tamayo and Oswaldo Navarro Veloz, Cuba
On January 19, 2021, the IACHR granted precautionary measures of protection to Juan Antonio Madrazo Luna, Marthadela Tamayo and Oswaldo Navarro Veloz in Cuba. According to the allegations, the beneficiaries, members of the Citizens' Committee for Racial Integration (Comité Ciudadanos por la Integración Racial - CIR), are at risk as a result of their work as activists. According to the request received, the proposed beneficiaries are at risk due to threats, harassment, surveillance, persecution, detentions and acts of violence by state agents and third parties, allegedly as a result of their work as human rights defenders in Cuba. Having analyzed the arguments of fact and law provided by the applicants, the Commission requested that Cuba adopt the necessary measures to protect the rights to life and humane treatment of Juan Antonio Madrazo Luna, Marthadela Tamayo and Oswaldo Navarro Veloz. To this end, the State must ensure that its agents respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law; adopt the necessary measures so that the beneficiaries can carry out their activities as human rights defenders without being subjected to acts of violence, intimidation, and harassment in the exercise of their work. This includes the adoption of measures that will allow them to exercise their freedom of expression; to agree upon the measures to be adopted with the beneficiaries and their representatives; and to 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.
Resolution No. 6/21
PM 207-20 - Ricardo Calderón Villegas, Colombia
On January 14, 2021, the IACHR granted precautionary measures of protection in favor of Ricardo Calderón Villegas, in Colombia. According to the allegations, Mr. Calderón is at risk due to threats, surveillance and monitoring by individuals identified as agents of the State and other third parties, as a result of his investigations in his capacity as a journalist. Having analyzed the arguments of fact and law submitted by the parties, the Commission requested that Colombia adopt the necessary measures to protect the rights to life and personal integrity of Ricardo Calderón Villegas, allowing him to continue to carry out his journalistic activities under safe conditions; to agree on the measures to be adopted with the beneficiary and his representatives; and to report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of this precautionary measure so as to prevent their recurrence.
Resolution No. 5/21
PM 1068-20 - Yandier García Labrada, Cuba
On January 7, 2021, the IACHR granted precautionary measures in favour of Yandier García Labrada. According to the request, the beneficiary, who is an activist and member of the Christian Liberation Movement, is currently detained in the “El Típico” prison for the crimes of “contempt and public disorder.” He finds himself at risk in the context of his deprivation of liberty as a result of an alleged lack of adequate medical care following beatings received during his detention. Having analyzed the submissions of fact and law presented by the applicants, the Commission considers that the information presented demonstrates prima facie that Mr. Yandier García Labrada finds himself in a serious and urgent situation, given that his rights to life and personal integrity are at risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR’s Rules of Procedure, the Commission requests that Cuba: a) adopt the necessary measures to protect the life and personal integrity of Mr. Yandier García Labrada; in particular, guarantee that his conditions of detention are in conformity with the applicable international standards; b) agree upon the measures to be implemented with the beneficiary and his representatives; and, c) report on the actions taken in order to investigate the alleged events that led to the adoption of this resolution with the aim of preventing their reoccurrence.
Resolution No. 4/21( EXTENSION )
PM 1286-18 - Twenty persons diagnosed with Multiple Sclerosis, Venezuela
On January 7, 2021, the IACHR decided to extend precautionary measures to twenty persons with multiple sclerosis in Venezuela. According to the beneficiaries’ representation, these individuals are at risk due to the lack of adequate medical treatment for their medical conditions. The Venezuelan Institute of Social Security (IVSS) is allegedly not delivering the prescribed medicines required by the beneficiaries for their medical conditions, despite the actions taken to obtain them. The impacts on the health of the people suffering as a result of the lack of their prescribed medical treatments were detailed in the request. Consequently, in accordance with Article 25 of the Rules of Procedure of the IACHR, the State of Venezuela was requested to: a) Adopt the necessary measures to protect the life, personal integrity, and health of the beneficiaries, by adopting immediate measures that enable access to adequate medical treatment, including the necessary medications as prescribed by the corresponding doctors, as well as the diagnoses and examinations to regularly evaluate their state of health, according to the applicable international standards.
Resolution No. 3/21
PM 968-20 - Mariano Valle Peters, Nicaragua, Nicaragua
On January 8, 2021, the IACHR decided to grant precautionary measures in favor of Mariano Valle Peters, after finding that his right to freedom of expression is at serious and urgent risk of irreparable harm in Nicaragua. Upon analyzing the request, the Commission considered the exceptional context of the human rights crisis that Nicaragua is undergoing, which has been directly confirmed by the IACHR and monitored by its MESENI. The Commission noted that, according to the available information, Mr. Valle Peters owns and oversees the general editorial line of the media outlet Canal 12, reportedly the only nationwide television station that constantly relays the news with a critical view of the government. Furthermore, the Commission found that Mr. Valle Peters faces serious difficulties in exercising his right to freedom of expression, due to his role within the television media and within the current context of Nicaragua. Therefore, Nicaragua was urged to guarantee the measures that will allow the beneficiary to continue exercising his right to freedom of expression, by adopting the pertinent actions and refraining from adopting those that hinder such right. Among such measures, the State is requested to refrain from carrying out the decision to auction or sell the Canal 12 media outlet until an examination has been made of the impact that such a decision would have on the exercise of Mr. Valle Peters' freedom of expression.
Resolution No. 1/21
PM 754-20 - Members of the Guajajara and Awá Indigenous Peoples of the Araribóia Indigenous Land, Brazil
On January 4, 2021, the IACHR decided to grant precautionary measures in favor of the members of the Guajajara and Awá Indigenous Peoples in voluntary isolation, located in the Araribóia Indigenous Land. According to the request, the persons proposed as beneficiaries are at risk in the context of the COVID-19 pandemic, particularly considering their particular situation of vulnerability, lack of health care, and the presence of unauthorized third parties in their territory. Therefore, in accordance with Article 25 of the Rules of Procedure, the IACHR requested that Brazil: a) adopt the necessary measures to protect the rights to health, life, and personal integrity of the members of the Guajajara and Awá Indigenous Peoples of the Araribóia Indigenous Land, while implementing, from a culturally appropriate perspective, preventive measures against the spread of COVID-19, and providing them with adequate medical care in conditions of availability, accessibility, acceptability, and quality, in accordance with applicable international standards; b) agree on the measures to be adopted with the beneficiaries and their representatives; and c) report on the actions implemented to investigate the incidents that led to the adoption of this precautionary measure so as to prevent such incidents from reoccurring.