Precautionary Measures
Resolution No. 94/20
PM 679-20 - Munduruku Indigenous People, Brazil
On December 11, 2020, the IACHR decided to grant precautionary measures to members of the Muduruku Indigenous People. The applicants alleged that the beneficiaries are at risk in the context of the COVID-19 pandemic, especially given their particular vulnerability, health care failures and the presence of unauthorized third parties in their territory. Upon analyzing the allegations of fact and law provided by the applicants, the IACHR considered, based on the applicable prima facie standard, that the members of the Munduruku Indigenous People are in a serious and urgent situation, given that their rights face a risk of irreparable harm. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Brazil adopt the necessary measures to protect the rights to health, life and personal integrity of the members of the Munduruku Indigenous People, implementing, from a culturally appropriate perspective, measures to prevent the spread of COVID-19, as well as providing them with adequate medical care in terms of availability, accessibility, acceptability and quality, in accordance with applicable international standards; agree on the measures to be adopted with the beneficiaries and their representatives; and report on the actions implemented to investigate the facts that gave rise to the adoption of this precautionary measure and thus avoid its repetition.
Resolution No. 44/20
PM 1211-19 - Quilombo Rio dos Macacos Community, Brazil
On August 6, 2020, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 42/2020, by which it granted precautionary measures to members of the Remnant Community of Quilombo Rio dos Macacos. The applicants alleged that the beneficiaries are at risk due to threats, harassment, and acts of violence perpetrated against them in the context of their dispute for recognition of their territory, and in view of the potential collapse of the dam in Rio dos Macacos, close to the territory. Upon analyzing the submissions of fact and law, the Commission considers that the information demonstrates prima facie that the members of the remnant community of the Quilombo Rio dos Macacos face a serious and urgent situation of irreparable harm given that their rights to life and personal integrity are at serious risk. Consequently, in accordance with Article 25 of the Rules of Procedures, the Commission requested that Brazil adopt the necessary measures, while implementing an adequate intercultural approach, to protect the rights to life and personal integrity of the members of the remnant community of the Quilombo Rio dos Macacos. In particular, the State must protect them from threats and acts of harassment and violence committed by both state officers and third parties, pursuant to international law of human rights; consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and report on the measures adopted in order to investigate the facts that led to the adoption of this precautionary measure and thus avoid its reoccurrence.
Resolution No. 35/20
PM 563-20 - Members of the Yanomami and Ye'kwana Indigenous Peoples, Brazil
On July 17, 2020, the IACHR decided to grant precautionary measures to members of the Yanomami and Ye'kwana Indigenous Peoples in Brazil. The request for precautionary measures sustains that the population of the Yanomami Indigenous Land is at particular risk in view of the COVID-19 pandemic, considering their immune vulnerability, faults in the health system for this population, illegal presence of third parties in their territory, mercury contamination, and acts of violence against indigenous leaders. Upon analyzing the arguments of fact and law submitted, the IACHR considered that, from the applicable prima facie standard, the members of the Yanomami and Ye'kwana Indigenous Peoples are in a serious and urgent situation, given that their rights are at risk of irreparable harm. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Brazil:
- adopt the necessary measures to protect the rights to health, life and personal integrity of the members of the Yanomami and Ye'kwana Indigenous Peoples, implementing, from an adequate intercultural approach, prevention measures against the spread of COVID-19, as well as providing adequate medical care in terms of availability, accessibility, acceptability and quality, in accordance with the applicable international standards;
- consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and (
- report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such incidents from reoccurring.
Resolution No. 6/20
PM 888-19 - Persons Deprived of Liberty in the Jorge Santana Prison, Brazil
On February 5, 2020, the IACHR decided to grant precautionary measures to persons deprived of their liberty in the Jorge Santana Public Penitentiary in Brazil. According to the request, the proposed beneficiaries are at risk because of the conditions of imprisonment and lack of medical care. In this matter, the Commission indeed notes that the persons proposed as beneficiaries face a multiplicity of risk factors, the conditions of detention continue to be of concern, inasmuch as the problem of overcrowding has not yet been solved, as well as the lack of hygiene and other structural deficiencies that jeopardize the rights to life and personal integrity of prisoners, particularly those with a disability or mobility restriction. Upon analyzing the arguments of fact and law provided by the parties, the Commission considers that the information presented shows prima facie that the persons deprived of their liberty in the Jorge Santana Public Penitentiary are in a serious and urgent situation, given that their rights to health, life and personal integrity are at serious risk. Consequently, the IACHR requests that Brazil:
- adopt the necessary measures to preserve the life, personal integrity and health of the persons deprived of their liberty in the Jorge Santana Public Penitentiary; particularly, by guaranteeing adequate and timely medical care, in accordance with the recommendations of the corresponding experts;
- take the necessary measures to ensure that the conditions of detention of the beneficiaries meet the applicable international standards; in particular, by ensuring that the structure of the Jorge Santana Public Penitentiary meets the necessary safety conditions, taking into account the situation of the beneficiaries who are disabled, injured, mutilated, fractured or injured in other way, and in order to prevent further impacts on the entire prison population; by taking immediate actions to substantially reduce overcrowding; and by providing adequate sanitation and hygiene;
- consult and agree upon the measures to be taken with the beneficiaries and their representatives; and
- inform on the actions taken to investigate the alleged events that caused the adoption of this precautionary measure, so as to prevent such incidents from reoccurring.