Precautionary Measures

Resolution No. 85/21
PM 733-21 - Miguel Ángel Mendoza Urbina and his family, Nicaragua

On October 15, 2021, the IACHR granted precautionary measures in favor of Miguel Ángel Mendoza Urbina and his family, after considering that they are in a serious and urgent situation of risk of irreparable harm to their rights in Nicaragua. Therefore, the IACHR requested that the State adopt the necessary measures to protect the rights to life, personal integrity and health of Miguel Ángel Mendoza Urbina and his family; ensure that his detention conditions are compatible with applicable international standards on the matter, allowing him, among others, to have contact with his family and defense attorneys; taking into account the situation of risk to his life, personal integrity and health as a result of the circumstances surrounding his current deprivation of liberty, the State is called on to immediately evaluate the possibility of granting alternative measures to deprivation of liberty, in accordance with its domestic legislation and in light of the applicable inter-American standards; and to report on the actions taken to investigate the alleged facts that gave rise to the adoption of the present resolution and thus avoid their repetition.

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Resolution No. 83/21
PM 761-21 y 856-21 - Mauricio José Díaz Dávila and, Max Isaac Jerez Meza , Nicaragua

On October 12, 2021, the Inter-American Commission on Human Rights granted precautionary measures in favor of Mauricio José Díaz Dávila and Max Isaac Jerez Meza, after considering that they are in a serious and urgent situation of risk of irreparable harm to their rights in Nicaragua. Consequently, the Commission requested that the State adopt the necessary measures to protect the rights to life, personal integrity and health of Mauricio José Díaz Dávila and Max Isaac Jerez Meza; to ensure that their conditions of detention are compatible with applicable international standards on the matter; taking into account the situation of risk to life, personal integrity and health as a result of the circumstances surrounding their current deprivation of liberty, the State is called upon to immediately evaluate the possibility of granting alternative measures to deprivation of liberty, in accordance with its domestic legislation and in light of the applicable inter-American standards; and report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution and thus avoid their repetition.

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Resolution No. 79/21( EXTENSION )
PM 1172-18 - Medardo Mairena Sequeira and Pedro Joaquín Mena Amador , Nicaragua

On October 3, 2021, the IACHR decided to extend precautionary measures to Merdado Mairena and Pedro Mena in Nicaragua. According to the request, the proposed beneficiaries are currently at risk as they have been detained and incommunicado from family members and lawyers in the current context of the country. 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, personal integrity and health of Medardo Mairena Sequeira and Pedro Joaquín Mena Amador; (b) ensure that their conditions of detention are compatible with applicable international standards on the matter; c) taking into account that the beneficiaries’ life and personal integrity are at risk as a result of the circumstances surrounding their current deprivation of liberty, the State is called upon to immediately evaluate the possibility of granting alternative measures to deprivation of liberty in accordance with its domestic legislation and in light of the applicable inter-American standards; 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 repetition.

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Resolution No. 78/21
PM 515-21 - Manuel de Jesús Rodríguez García, Cuba

On October 3, 2021, the IACHR granted precautionary measures in favour of Manuel de Jesús Rodríguez García. According to the request, the beneficiary finds himself in a situation of risk in the context of his deprivation of liberty due to attacks suffered during his detention, as well as his current conditions and the alleged lack of medical care. After analyzing the submissions of fact and law presented by the applicants, the Commission considers that the information submitted demonstrates prima facie that Manuel de Jesús Rodríguez García is in a serious and urgent situation, given that his rights to life, personal integrity and health are at risk of irreparable harm. Consequently, Cuba is requested to: a) adopt the necessary measures to protect the rights to life, personal integrity and health of Manuel de Jesús Rodríguez García; b) ensure that the conditions of detention of Manuel de Jesús Rodríguez García are compatible with applicable international standards; d) agree on the measures to be adopted with the beneficiaries and their representatives; and, e) report on the actions taken to investigate the alleged facts that motivated the adoption of this precautionary measure so as to avoid their reoccurrence.

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Resolution No. 71/21
PM 593-21, 665-21, 680-21 - Ana Margarita Vijil Gurdián et al., Nicaragua

On August 30, 2021, the IACHR granted precautionary measures in favor Ana Margarita Vijil Gurdián, Dora María Téllez Arguello, Suyen Barahona Cuán, Jorge Hugo Torres Jiménez, Víctor Hugo Tinoco Fonseca, Arturo José Cruz Sequeira y Luis Alberto Rivas Anduray. In accordance with the request, the persons proposed as beneficiaries are at risk in the context of their deprivation of liberty because their conditions of detention are unknown, in addition to the fact that some suffer from serious chronic illnesses, while the whereabouts of others are unknown. 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, personal integrity and health of Ana Margarita Vijil Gurdián, Dora María Téllez Arguello, Suyen Barahona Cuán, Jorge Hugo Torres Jiménez, Víctor Hugo Tinoco Fonseca, Arturo José Cruz Sequeira and Luis Alberto Rivas Anduray; (b) ensure that their conditions of detention are compatible with the applicable international standards on the matter; c) taking into account the risk to their lives, personal integrity and health resulting from the circumstances surrounding their current detention, immediately evaluate the possibility of granting alternative measures to the deprivation of liberty, in accordance with its domestic legislation and in light of the applicable inter-American standards; 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 repetition.

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Resolution No. 70/21
PM 1061-20 - Georgina Roxana Vargas Clarens, Nicaragua

On August 28, 2021, the IACHR granted precautionary measures in favour of Georgina Roxana Vargas Clarens. According to the request, the beneficiary –press correspondent for Canal 10, a television channel in the North Caribbean Coast Autonomous Region of Nicaragua–, finds herself at risk because she is being subjected to acts of harassment, threats and repression by State authorities and third parties, as a result of 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. Vargas Clarens 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 Georgina Roxana Vargas Clarens. To this end, the State must ensure that state actors respect the life and personal integrity of the beneficiary, as well as protect her 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 Georgina Roxana Vargas Clarens can carry out her activities as an independent journalist without being subjected to acts of violence, threats, harassment or intimidation in the exercise of her work. The above includes measures so that she can properly exercise her right to freedom of expression; c) consult and agree upon the measures to be adopted with the beneficiary and her 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.

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Resolution No. 67/21
PM 584-21 - José Bernard Pallais Arana, Nicaragua

On August 24, 2021, the IACHR granted precautionary measures in favour of José Bernard Pallais Arana. According to the request, the beneficiary finds himself in a situation of risk because he suffers from serious chronic diseases and has been deprived of his liberty since June 9, 2021, however, his whereabouts and detention conditions are unknown. Upon analyzing the submissions of fact and law furnished by the parties in the context in which they take place, the Commission considers that the information presented shows prima facie that Mr. Pallais Arana is in a serious and urgent situation, given that his rights to life and personal integrity 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. José Bernard Pallais Arana; b) ensure that the conditions of his detention are compatible with applicable international standards on the matter; c) taking into account the situation presenting a risk to his life, personal integrity, and health as a result of the circumstances surrounding his current deprivation of liberty, assess the possibility of granting alternative measures to the deprivation of liberty, in accordance with its internal regulations and in light of the applicable inter-American standards; and d) report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent them from reoccurring.

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Resolution No. 57/21
PM 551-21 - Erica Sheppard, United States

On July 29, 2021, the IACHR granted precautionary measures in favor of Erica Sheppard. According to the request, the beneficiary finds herself in a situation of risk given that she has been held in solitary confinement on death row in the state of Texas for 26 years, as well as that she has not had access to proper accommodations for her physical disabilities. The applicants also filed a petition in which they allege violations of the American Declaration on the Rights and Duties of Man with regards to Ms. Sheppard’s rights to life, liberty and personal security, equality before the law, special protection as a child, fair trial, humane treatment in custody, due process of law and not to receive cruel, infamous or unusual punishment. Having analyzed the submissions of fact and law presented by the parties, the Commission considers that the information submitted demonstrates prima facie that there is a serious and urgent risk of irreparable harm to Ms. Sheppard’s rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, in the event that Ms. Sheppard is executed before the Commission has the opportunity to examine the merits of her petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America: a) adopt the necessary measures to protect the life and personal integrity of Erica Sheppard; b) refrain from carrying out the death penalty on Erica Sheppard until the IACHR has had the opportunity to reach a decision on her petition; c) ensure that Erica Sheppard’s detention conditions are consistent with international standards, giving special consideration to her personal conditions; d) provide appropriate accommodations and attention for Erica Sheppard’s physical disabilities, in accordance with the applicable international human rights standards; and, e) agree on the measures to be adopted with the beneficiary and her representatives.

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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.

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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.

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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.

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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.

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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.

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2009

PM 224-09 Adolescents Deprived of Liberty in the Socio-Educational Internment Facility (UNIS), Brazil

On November 25, 2009, the IACHR granted precautionary measures for adolescents deprived of liberty in the Socio-Educational Internment Facility (Unidad de Internación Socioeducativa, UNIS), in Brazil. The request for precautionary measures alleges that the life and physical integrity of some 290 adolescents deprived of liberty in the UNIS is at risk. It indicates that many of the inmates held have been subject to beatings and acts of aggression and torture, allegedly by State agents and by other adolescents, and that between April and July of 2009 three adolescents died in the facility as a result of these acts. The Inter-American Commission asked the State of Brazil to adopt the measures necessary to guarantee the life and physical integrity of the adolescents deprived of liberty in the UNIS and to keep deaths and acts of torture from occurring in the facility, as well as to inform the IACHR about the actions taken to judicially clarify the acts that warrant the adoption of these precautionary measures.

PM 302-09 Mario Alberto Pérez Aguilera, Cuba

On October 22, 2009, the IACHR granted precautionary measures for Mario Alberto Pérez Aguilera, in Cuba. The request for precautionary measures alleges that the prison authorities purportedly hindered Pérez Aguilera from having access to daily meals without being subject to degrading acts. The petitioners cite as evidence the fact that the beneficiary's cell is located at the end of the corridor and thus food is often not distributed to him, and that he has had to beg to receive his ration. In this context, they reported that in January 2009 the beneficiary went for 11 days without receiving any food. In addition, they maintained that Pérez Aguilera had been isolated from the rest of those deprived of liberty and that he had been subject to beatings when he had tried to communicate with other detainees. The Inter-American Commission asked the government of Cuba to adopt the measures necessary to guarantee the life and humane treatment of Mario Alberto Pérez Aguilera and to inform the IACHR about actions taken to implement the precautionary measures.

Related Links: Report on the Merits No. 67/06, Case No. 12.476 – Oscar Elías Biscet Et Al. (Cuba), October 21, 2006.

PM 220-09 Ariel Sigles Amaya, Cuba

On July 10, 2009, the IACHR granted precautionary measures in favor of Ariel Sigles Amaya, in Cuba. The request for precautionary measures alleges that the life and personal integrity of Mr. Ariel Sigles Amaya are at imminent risk due to the grave state of his health. The information received by the IACHR indicates that since September 2008, his health has progressively deteriorated due to the conditions of his detention. The Inter-American Commission requested that the Cuban State adopt the necessary measures to guarantee the life, personal integrity and health of the beneficiary. Specifically, the IACHR requested that the Cuban State offer Mr. Ariel Sigles Amaya adequate medical attention in compliance with international standards regarding the treatment of persons deprived of their liberty. Additionally, the measures must be arranged with the beneficiary and his family members. Likewise, the IACHR requested that the State of Cuba inform the Commission about its compliance with the recommendations contained in IACHR Report No. 67/06, issued on October 21, 2006, where the IACHR recommended the State of Cuba the immediate and unconditional release of the victims in this case, including Mr. Ariel Sigler Amaya, declaring null the charges against them because they are based in laws that impose illegitimate restrictions on their rights.

PM 236-08 Persons Deprived of Liberty in the Polinter-Neves Penitentiary, Brazil

On June 1, 2009, the IACHR granted precautionary measures for the persons deprived of liberty in the Polinter-Neves penitentiary, in the city of São Gonçalo, State of Rio de Janeiro, Brazil. The request seeking precautionary measures alleges that the inmates at the Polinter-Neves penitentiary do not have adequate access to medical attention. It is also alleged that inmates with tuberculosis and other contagious diseases share cells with other persons in a highly over-crowded situation and without sunlight. The Inter-American Commission asked the State of Brazil to adopt all measures necessary to guarantee the life, health and physical integrity of the beneficiaries; to ensure that they have adequate medical attention and to avoid the transmission of contagious diseases through a substantial reduction of the overpopulation in this penitentiary; as well as to inform the IACHR about the actions taken in response to this request.

PM 312-09 - Father Pedro Pantoja Arreola and his Team of Collaborators at the Belén Migrant Shelter, Mexico

On April 23, 2010, the IACHR granted precautionary measures for Father Pedro Pantoja Arreola and his team of collaborators at the Belén Migrant Shelter in Saltillo, in the state of Coahuila, Mexico. In the request for precautionary measures and in information provided during a working meeting held on March 20, 2010, during the Commission's 138th period of sessions, it is alleged that the beneficiaries had been subject to acts of intimidation and harassment, an unsuccessful break-in attempt at the shelter's facilities, and surveillance by individuals in vehicles who take photographs of those who enter and leave the shelter. The Inter-American Commission asked that the State of Mexico adopt the necessary measures to guarantee the life and personal integrity of Father Pedro Pantoja Arreola and his team of collaborators at the Belén Migrant Shelter in Saltillo, in the state of Coahuila, Mexico. The IACHR also asked that the planning and implementation of the protection measures be done in agreement with the beneficiaries and their representatives, and that the Commission be informed about the measures adopted to remove the risk factors for the beneficiaries.

PM 50-09 Alejandro Jiménez Blanco, Cuba

On March 18, 2009, the IACHR granted precautionary measures in favor of Alejandro Jiménez Blanco, in Cuba. The petition for precautionary measures alleges that Mr. Alejandro Jiménez Blanco was target of acts of violence at the Paso Penitentiary in Cuba, where it is alleged that he remains isolated in a punishment cell. The Inter-American Commission requested that the State of Cuba adopt the measures necessary to guarantee the life and personal integrity of the beneficiary. The Commission also requested the State to supply adequate medical treatment, in compliance to international standards regarding the treatment of persons deprived of their liberty. Finally, it requested the State to report to the IACHR on the actions taken to implement the precautionary measures.

2008

PM 320-08 Yordis García Fournier, Cuba

On December 5, 2008, the IACHR granted the request seeking precautionary measures for young Yordis García Fournier. The Commission’s decision was based on a request for precautionary measures in which it was alleged that Mr. Yordis García Fournier had been subjected to mistreatment in the Combinado de Guantánamo prison, where he was allegedly being held in a punishment cell with no clothes and in very bad health. Given the particulars of this case, the IACHR asked the Cuban state to adopt the measures necessary to guarantee the life and physical integrity of Yordis García Fournier, to provide him proper medical attention in keeping with the international standards for the treatment of persons deprived of their liberty and to inform the Commission of the measures taken to implement the precautionary measures.

PM 211-08 Djamel Ameziane, United States

On August 20, 2008, the IACHR granted the request for precautionary measures for Mr. Djamel Ameziane. The request for precautionary measures alleges that Mr. Ameziane was detained by United States agents in Kandahar, Afghanistan in January 2007 and taken to the United States Naval Base at Guantánamo. According to the information received by the Commission, Mr. Ameziane was allegedly tortured and subjected to cruel, inhumane and degrading treatment during his incarceration. The request also alleges that he was in danger of being deported to his native country, Algeria, where he might be subjected to cruel, inhumane and degrading treatment. The Commission asked the United States to immediately take the measures necessary to ensure that Mr. Ameziane is not subject to torture or to cruel, inhumane or degrading treatment while in its custody and to make certain that he is not deported to any country where he might be subjected to torture or other mistreatment. The Commission continues to monitor the situation.

PM 144-07 Detainees at Toussaint Louverture Police Station in Gonaïves, Haiti

On June 16, 2008, the IACHR granted precautionary measures for the persons being held at the Toussaint Louverture Police Station in Gonaïves. The request seeking precautionary measures alleges, inter alia, that twelve minors in custody were co-mingled with the adult population and persons carrying HIV. The Commission asked the Haitian state to take the measures necessary to protect the lives and physical integrity of all persons deprived of their liberty in the Toussaint Louverture Police Station, to provide them with food, medical care and proper sanitation, and to transfer children deprived of their liberty to suitable detention facilities. The Commission continues to monitor the situation.

PM 277-07 Patients at the Neuropsychiatric Hospital, Paraguay

On July 29, 2008, the IACHR granted a request for precautionary measures on behalf of the patients at the Neuropsychiatric Hospital. The request seeking precautionary measures alleges that acts of physical violence and sexual abuse have been committed against the hospital’s patients. It also alleges that effective measures have not been taken to investigate the violence and protect the patients. After requesting information from the parties several times, the Commission learned that in May and June 2008, the deaths of two patients were reported, as well as sexual abuse and violence at the hospital. The Commission asked the Paraguayan state to take the measures necessary to protect the lives and physical integrity of the beneficiaries, and especially to prevent additional acts of physical violence and sexual abuse inside the hospital. It also asked the State to report the measures taken to investigate the facts. The Commission continues to monitor the situation.

This precautionary was lifted by the IACHR on July, 2010.

2007

PM 63-07 Adolescents in the Public Prison of Guarujá, Brazil

On October 26, 2007, the IACHR granted precautionary measures in favor of the adolescents confined in the provisional detention center of Guarujá (“Public Prison of Guarujá”) in the state of São Paulo. According to the available information, that detention center is for holding adults; nonetheless, adolescents were being held there. In addition, they were overcrowded and held in cells in poor conditions. It was also indicated that the adolescents could not leave the cells to eat or to attend to their physiological needs, and that they had no access to education. In September 2007, the State reported that repairs had concluded at the “Vicente de Carvalho” prison, to which all of the persons held at the provisional detention center of Guarujá would be transferred. In addition, the IACHR was informed that at the Guarujá facility, overcrowding, unsanitary conditions, and insecurity for the adolescents in custody persisted. The Commission was also informed that there had not yet been a final decision on judicial remedies pursued by the Public Ministry in 2002 and 2003 seeking an improvement in the conditions of detention of the persons held at that center. The Commission recommended to the Brazilian State that it adopt the measures necessary to guarantee the life and personal integrity of the adolescents held at the provisional detention center of Guarujá; promptly transfer the beneficiaries to a detention center for adolescents; provide them with immediate medical and psychological care; and prohibit the entry of adolescents to that detention center. The Commission continues to monitor the situation of the beneficiaries. This precautionary measure was lifted by the IACHR on October, 2010.

PM 209-07 Carlos Mario Gómez Gómez, Colombia

On November 19, 2007, the IACHR granted precautionary measures in favor of Mr. Carlos Mario Gómez Gómez, who is deprived of liberty and in the custody of the State. The information available indicates that Mr. Gómez Gómez was threatened by police agents and that on October 13, 2007, he suffered an attack by firearm in the Bellavista penitentiary, and was seriously injured. It is indicated that on November 1, 2007, the beneficiary was transferred to the Itagüí detention center, where the person allegedly responsible for the attack against him is serving a prison sentence. It is also alleged that despite the injuries suffered by the beneficiary, he was being kept on the floor of a prison cell without the proper sanitary conditions, posing a grave risk to his health. The Commission asked the Colombian State to adopt the measures necessary to guarantee Mr. Gómez Gómez’s life and physical integrity, and to report on the actions taken to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the situation of the beneficiary.

PM 19-07 Francisco Pastor Chaviano González, Cuba

On March 9, 2007, the IACHR granted precautionary measures in favor of Mr. Marvin Contreras Natareno, who was deprived of liberty at the Centro Preventivo para Hombres in Zone 18 of Guatemala City. The information available indicates that Mr. Contreras Natareno was being held in pre-trial detention in the framework of a criminal indictment involved the assassination of three Salvadoran members of the Central American Parliament (PARLACEN, Parlamento Centroamericano), and the driver who was with them. On February 25, 2007, four others accused of participating in that assassination were executed while being held in pre-trial detention at the “El Boquerón” high-security prison in Guatemala. The Commission asked the Guatemalan State to adopt the measures necessary to ensure the life and physical integrity of the beneficiary and to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiary’s situation.

PM 33-07 Marvin Roberto Contreras Natareno, Guatemala

On March 9, 2007, the IACHR granted precautionary measures in favor of Mr. Marvin Contreras Natareno, who was deprived of liberty at the Centro Preventivo para Hombres in Zone 18 of Guatemala City. The information available indicates that Mr. Contreras Natareno was being held in pre-trial detention in the framework of a criminal indictment involved the assassination of three Salvadoran members of the Central American Parliament (PARLACEN, Parlamento Centroamericano), and the driver who was with them. On February 25, 2007, four others accused of participating in that assassination were executed while being held in pre-trial detention at the “El Boquerón” high-security prison in Guatemala. The Commission asked the Guatemalan State to adopt the measures necessary to ensure the life and physical integrity of the beneficiary and to investigate judicially the facts that gave rise to the precautionary measures. The Commission continues to monitor the beneficiary’s situation.

2006

PM 14-06 Center for the Defense of Children´s and Adolescents´s Rights of the Federal District, Brazil

On February 9, 2006, IACHR granted precautionary measures on behalf of the adolescents detained in CAJE (Center for Specialist Juvenile Care) in the city of Brasilia. The available information indicate that since 1992 there have been a series of deaths and physical injuries caused by the conditions in which the adolescents are detained in CAJE. Specifically, it is alleged that between 1997 and 1998 nine adolescents have died, some of them after having been tortured; that between 2003 and 2004, five more died, and towards the end of 2005, the lifeless body of Iván Marques (16) was found in his cell with signs of torture and mutilation. The Commission requested that the State, inter alia, adopt the measures necessary to resolve overcrowding in the center in line with minimum international standards; ensure the safety of detainees by providing security staff who are trained to deal with adolescent detainees; eliminate the use of indefinite detention without access to the yard or the prohibition of family visits as disciplinary measures; separate detainees according to the gravity of the crimes of which they are accused, their age, and in line with each one’s disciplinary record, making allowances for the conflicts which may exist between detainees themselves; publish a list of the causes of the detention of each of the adolescents in the Center; and ensure access to appropriate and effective judicial remedies, in order to manage the conditions of detention, and ensure the legality of the causes that justify their detention.

PM 130-06 Persons detained in the 76th Police Precinct (76 DP), Brazil

On October 19, 2006, the IACHR granted precautionary measures in favor of approximately 400 people detained in the 76th Police Precinct in Niterói, Rio de Janeiro, because of the unsanitary conditions and the inhumane, degrading and cruel treatment to which they were exposed. The information available states that the approximately 400 beneficiaries are held in cells designed for 140 persons, with an average of 14 detainees in cells that measure 2m x 3m, with no activities and the right to use a bathroom only once every 24 hours. Amongst those detained in the above-mentioned police precinct are some that were caught in flagrante delicto, some who are in preventive custody, some who have been sentenced, members of rival criminal gangs, and no criteria are applied in order to separate the prisoners according to categories that might ensure the appropriate protection of their lives and physical integrity. Furthermore, there are no beds and persons must sleep on the floor or alternatively in hammocks because of the overcrowding. It is alleged that hygiene conditions are unreliable, as well there is a high risk of fire; and lack of medical care. Given the situation of risk to the beneficiaries, the IACHR requested that the Brazilian State adopt the measures necessary to protect the lives and physical integrity of the persons detained in the 76th Precinct, including the transfer of those sentenced to penitentiaries; a substantial reduction in numbers; medical care for all beneficiaries; and report on action taken to investigate the events that gave rise to the precautionary measures. The Commission is monitoring the beneficiaries’ situation.

This precautionary measure was lifted by the IACHR on August, 2010

Realated Links: Admissibility Report N° 36/07, Petition No. 1113/06 – Persons deprived of liberty in the cells at the 76th Police Precinct in Niteroi, Rio de Janeiro (Brazil), July 17, 2007.

PM 306-06 Jorge Luis García Pérez-Antúnez, Cuba

On November 22, 2006, the IACHR granted precautionary measures in favor of Jorge Luís García Pérez-Antúnez, who is currently detained by the State of Cuba. The information available states that Mr. García Pérez-Antúnez has been warned by the authorities that he will not leave alive the prison where he is currently serving a 17 year sentence. Mr. García Pérez-Antúnez is close to completing his sentence and being set free. In view of this, the Commission has requested that the Government of Cuba adopt the measures necessary to protect the life and physical integrity of the beneficiary and report on the action taken to investigate judicially the events that gave rise to the precautionary measures.

PM 143-05 Damián Miguel Pedro Taylor Colosal, El Salvador

On March 22, 2006, the IACHR granted precautionary measures in favor of the US citizen, Damián Miguel Pedro Taylor Colosal who is currently detained in the APANTEOS penitentiary in Santa Ana, El Salvador. The information available indicates that Mr. Taylor Colosal was a witness to violent events that took place in the “La Esperanza” prison before he was transferred to APANTEOS. It is alleged that he has been the victim of physical aggression inside the prison without the matter being investigated. On February 7, 2006, the IACHR requested information from the State regarding Mr. Taylor Colosal’s situation in order to evaluate the need to activate the precautionary measures mechanism. In view of the response provided by the State on February 27, 2007 regarding the absence of measures designed to guarantee the physical integrity of the prisoner, the IACHR decided to adopt precautionary measures and request that the State adopt the measures necessary to protect his life and physical integrity, judicially investigate the events, and bring to justice those responsible. The Commission is monitoring the beneficiary’s situation.

PM 8-06 Omar Khadr, United States

On March 21, 2006, the IACHR granted precautionary measures in favor of Omar Khadar, a Canadian citizen aged 19 who was detained in Guantánamo. The information received during a hearing held during the 124th regular session of the IACHR states that the beneficiary is on trial before a military commission in Guantánamo for a crime allegedly committed in Afghanistan when he was 15 years old, and that during his detention and interrogation by military personnel he was denied medical attention; his feet and hands were handcuffed for long periods of time, and he was kept in a cell with fierce dogs; he was threatened with sexual abuse; and his head was covered with a plastic bag. The petitioners allege that the statements taken from him under these circumstances may be admitted as evidence and used against him. During the hearing, the State indicated that the military court could admit all reasonable evidence without clarifying whether statements obtained by torture or cruel, inhumane, or degrading treatment may be used in the trial. The Commission requested that the State, inter alia, adopt the measures necessary to ensure that the beneficiary is not subjected to torture or cruel, inhumane, or degrading treatment and to protect his right to physical, mental, and moral integrity, including measures to prevent him being kept incommunicado for long periods or subjected to forms of interrogation that infringe international standards of humane treatment. The Commission also requested that the State respect the prohibition on the use of any statement obtained by means of torture or cruel, inhumane, or degrading treatment against the beneficiary, and investigate the events and bring to justice those responsible, including those implicated when the doctrine of “management accountability” is applied.

2005

PM 172-05 Inmates at the POLINTER Police Station in Río de Janeiro, Brazil

On November 11, 2005, the IACHR granted precautionary measures in favor of more than 1,000 men deprived of freedom in the cells located in the basement of POLINTER Police District, in Rio de Janeiro, Brazil. The available information indicates that the beneficiaries were submitted to inhuman and degrading conditions of detention in those cells, which only had capacity for holding 250 people. Due to the situation of critical overcrowding and inhuman conditions of detention, the IACHR asked the State to immediately suspend further admission of detainees to POLINTER, and to transfer a substantial number of detainees in order to reduce overcrowding and protect the life and integrity of the beneficiaries, among other measures. In compliance with the precautionary measures, the State informed the Commission that the cells of POLINTER were completely deactivated on January 31, 2006, and all beneficiaries were transferred to state penitentiaries in order to improve their conditions of detention. This precautionary measure was lifted by the IACHR on April, 2006.

PM 963-04 Persons deprived of liberty at the PNC facilities in the Municipality of Solola, Guatemala

On December 23, 2005, the IACHR granted precautionary measures in favor of the detainees being held at the National Civilian Police substation in the municipality of Sololá in Guatemala. The information available indicates that detention conditions at this facility are poor and include overcrowding, the absence of drinking water, extensive spreading of diseases, and a lack of proper medical care for inmates, and that these conditions are compounded by the risk of riots and associated deaths of detainees as a result of potential clashes between rival groups. Although the Commission recognized that the State of Guatemala had taken various medium and long-term steps to improve the situation both in Sololá department and at the national level, the IACHR decided that the adoption of urgent measures was necessary to protect the lives and personal integrity of the detainees held at the National Civilian Police substation in Sololá department. The Commission continues to monitor the situation of the beneficiaries.

PM 148-05 Luis Williams Pollo Rivera, Peru

On July 27, 2005, the IACHR granted precautionary measures in favor of Mr. Luis Williams Pollo Rivera, a detainee at the Miguel Castro Castro prison. The information available indicates that Mr. Luis Williams Pollo Rivera suffers from diabetes and kidney disease, and that he lacks adequate medical attention at that detention center. Given the risks facing the beneficiary, the Commission asked the Peruvian Government to adopt the measures necessary to provide Mr. Luis Williams Pollo Rivera with adequate medical attention during the time that he remains in the custody of the prison authorities. The Commission continues to monitor the situation of the beneficiary. Admissibility Report N° 42/07, Petition No. 156/05 – Luis Williams Pollo Rivera (Peru), July 23, 2007.

PM 250-05 Raúl José Díaz Peña, Venezuela

On October 31, 2005, the Commission granted precautionary measures in favor of Raúl Jose Díaz Peña. The information available indicates that Mr. Díaz has been detained at the Investigations Division of the Intelligence and Prevention Services Directorate (DISIP), El Helicode facility, in Caracas, since February 25, 2004, in cells that lack natural ventilation and have no sources of air or daylight. Given the situation of the beneficiary, the IACHR asked the Venezuelan State to instruct the competent authorities to carry out medical examinations in order to assess the beneficiary’s health and provide him with the specialized treatment he requires, to transfer him to a preventive detention center where he is guaranteed access to decent living conditions, natural light, fresh air, and exercise, and, until he is effectively transferred from the DISIP to a preventive custody facility, to ensure him the guarantees necessary to preserve his physical, mental, and moral integrity. The Commission also asked the State to guarantee that Mr. Díaz would not face reprisals in connection with his proceedings before the inter-American human rights system.

Related links: Admissibility Report N° 23/09, Petition No. 23/09 – Raúl José Díaz Peña (Venezuela), March 20, 2009.  

2004

PM 923-04 Inmates at the Penitentiary of Mendoza, Argentina

On August 3, 2004, the IACHR granted precautionary measures in favor of the convicted and tried inmates committed to the Penitentiary of the Province of Mendoza and its offices. Available information indicates that, during the first half of 2004, there occurred 11 deaths in the facilities of the penitentiary: 5 because of a fire, and the others as a result of assaults or brawls, because of the lack of security and control measures by the authorities, overcrowding, and miserable health conditions in the wards. The incidents of violence and the conditions of confinement that jeopardize the psycho-physical safety and life of the inmates have not been clarified either by the judiciary or disciplinary measures. In view of the situation of the beneficiaries, the IACHR requested the Argentinean State to adopt the necessary measures to prevent irreparable harm to the life and personal safety of the penitentiary’s inmates and the ones that are deemed suitable to guarantee access to adequate conditions of hygiene and health. On October 14, 2004, after the violent deaths of four inmates, despite the observance of precautionary measures, the Commission requested the Inter-American Court to adopt provisional measures in conformity with Article 63(2) of the American Convention. Provisional measures were granted on November 22, 2004 (see below the section on matters pending before the Inter-American Court).

Related Links: Admissibility Report No. 70/05, Petition 1231/04 – Inmates of the Mendoza Penitentiary (Argentina), October 13, 2005.

PM 852-04 Children and adolescents deprived of liberty at the “Complexo do Tatuapé” da FEBEM, Brasil

On December 21, 2004, the IACHR granted precautionary measures in favor of the children confined in the State Foundation for the Well-being of Children (Fundação Estadual do Bem-Estar do Menor—FEBEM Tatuapé). Available information indicates that, on December 6, 2004, there was an uprising in Unit 13 of the FEBEM in Tatuapé, which resulted in 8 injured children. It is alleged that the lives and personal safety of the children committed to the units of FEBEM Tatuapé are in imminent danger from the action of the officials of the detention center and its deplorable sanitary and building conditions. The allegations of the petitioners are substantiated by an administrative investigation by the Office of the Attorney General for Children and Young People of the State of São Paulo, which points out that there is a systematic practice of violence in units 5 and 12 of FEBEM Tatuapé. In view of this situation, the IACHR requested the Brazilian State to adopt the necessary measures to protect the life and physical integrity of the beneficiaries and to report on the actions undertaken to investigate the incident and put and end to the assaults against the children and adolescents who are confined there. The Commission continues to monitor the situation of protected persons.

PM 792-04 Detainees at the “Palo Gordo” Penitentiary Facility, Colombia

On March 18, 2004, the IACHR granted precautionary measures in favor of 108 inmates in the Maximum Security Prison at Kilometer 14, district of Palo Gordo, Municipality of Girón, Department of Santander. Available information indicates that the members of the different armed groups operating outside of the law and common prisoners are forced to live together in the prison’s yards, which has led to situations of violence against the inmates and their relatives. In view of the situation of the beneficiaries, who are under the custody of prison authorities, the Commission requested the Colombian Government to adopt the necessary measures to separate the prison population so as to prevention situations that might jeopardize the life or personal safety of the prisoners in the Maximum Security Prison at Kilometer 14 in the district of Palo Gordo. The Commission continues to monitor the situation of the beneficiaries.

This precautionary measure was lifted by the IACHR on July, 2010.

PM 1044-04 Children deprived of liberty at the “Juvenile Provisional Detention Center”, Guatemala

On November 24, 2004, the IACHR granted precautionary measures in favor of 62 children held in the Juvenile Center of Provisional Confinement. The ruling on the necessity of precautionary measures was based on on-site observations made by the Commission’s Rapporteurs for Children and Detained Persons – Commissioners Paulo Sérgio Pinheiro and Florentín Meléndez — between November 18 and 20, 2004. On this occasion, information was gathered directly indicating that the physical and psychological safety and health of the confined children were severely threatened by the treatment of the staff and system and the unhealthy conditions of the solitary confinement cells. In view of the situation, the Commission requested the Guatemalan State to adopt the measures necessary to protect the lives and physical integrity of the beneficiaries, including measures aimed at preventing retaliation by the prison staff against the inmates and to report on the actions undertaken to investigate the facts and put an end to the assaults against the incarcerated children. The Commission continues to monitor the situation of the protected children.

This precautionary measure was lifted by the IACHR on May, 2007.

PM 1018-04 Luis Sanchez Aldana, Suriname

On November 11, 2004, the IACHR granted precautionary measures in favor of Mr. Luis Miguel Sánchez Aldana, who is imprisoned in the penitentiary Penitendiare Inristing. Available information indicates that Mr. Sánchez Aldana suffers from complete occlusion of the aorta and gangrene in the lower limbs, which are jeopardizing his life because of his state of health. In view of the risk to the beneficiary, the Commission requested the Government of Suriname to adopt the necessary measures to provide adequate medical care to Mr. Luis Miguel Sánchez Aldana, while he is under custody of penitentiary authorities. The Commission continues to monitor the situation of the protected person.

This precautionary measure was lifted by the IACHR on June, 2005.

Related Links: Report Nº 34/10, Decision to Archive, Petition No. 1118-04 – Luis Miguel Sanchez Aldana (Suriname), March 16, 2010.

2003

PM 506-03 Alejandro Penafiel, Ecuador

On May 14, 2003, the Commission granted precautionary measures to Mr. Alejandro Peñafiel. The information available indicates that the beneficiary, who is being tried in Ecuador after having been extradited from Lebanon through Spain, is detained along with persons already convicted, and has been subject to an assassination attempt. The Human Rights Ombudperson (Defensor del Pueblo) has confirmed that the circumstances of his detention pose a serious risk to his physical integrity. In view of the risk to which the beneficiary is exposed, the Commission asked the Ecuadoran State to adopt measures to protect the life and personal integrity of Alejandro Peñafiel. This precautionary measure was lifted by the IACHR on July, 2004.

PM 662-03 Persons deprived of liberty at the Escuintla Police Station, Guatemala

On October 24, 2003, the Commission granted precautionary measures on behalf of Luis Ernesto Acevedo and another 372 persons deprived of liberty at the police station of the National Civilian Police in the city of Escuintla, which had been adapted as a center for pre-trial detention of youths belonging to the youth gangs or maras. According to the information available, official reports confirm that the sanitary conditions in which the detained youths are being kept pose an imminent risk to their health. In view of the beneficiaries’ situation, the IACHR asked the Guatemalan State to adopt the sanitary measures needed to prevent harm to the personal integrity of the persons deprived of liberty at that police facility. In response, the State indicated that it was planning to implement the precautionary measures.

This precautionary measure was lifted by the IACHR on March, 2006.

PM 554-03 “Michael Roberts”, Jamaica

On September 22, 2003, the Commission granted precautionary measures on behalf of the seven-year-old child known for the purposes of the proceeding as “Michael Roberts” and whose real name will be kept under seal to protect his identity. The information available indicates that Michael Roberts has been a victim of sexual abuse while at children’s homes under the Department of Children and Family Services of Jamaica’s Ministry of Health, and that even after the abuse was detected, he was the victim of omissions and negligence for lack of adequate treatment. The diagnosis in the record indicates that Michael Roberts suffers from post-traumatic stress disorder and that the absence of adequate medical treatment tends to give rise to behavior such as sexual aggression directed at other children. After completing a preliminary stage in which it sought information from the State on the child’s condition, and in view of the risk to his health, the Commission asked the Jamaican State to adopt the measures needed to protect the physical, psychological, and moral health of Michael Roberts, including specialized medical treatment. In response the State indicated that the beneficiary was receiving specialized medical treatment and asked that the precautionary measures be lifted. On November 17, 2003, the Commission reaffirmed the precautionary measures and requested additional information on the medical condition of the beneficiary, and the treatment he was receiving. This precautionary measure was archived on July, 2004.

PM 612-03 Mariano Bernal Fragoso, Mexico

On September 11, 2003, the Commission granted precautionary measures on behalf of Mr. Mariano Bernal Fragoso, 71 years of age, who is being held at the Social Readaptation Center in Ciudad Victoria. The information available indicates that the beneficiary has been serving a ten-year prison sentence since January 28, 2000, and that he suffers diabetes yet is not receiving adequate treatment to prevent the chronic consequences of his disease and its incapacitating sequelae. As appears in the record, in December 2002 Mr. Bernal Fragoso sought the substitution of sanctions provided for in the Federal Criminal Code, considering his health conditions and age, apparently without any response. In view of the risk to the personal integrity of the beneficiary, the Commission asked the Mexican State to adopt measures aimed at ensuring adequate medical treatment for Mr. Bernal Fragoso. In response, the State indicated that he was receiving care at the civilian hospital of Ciudad Victoria and that the adoption of other measures such as release from prison considering his physical condition and age was being studied. This precautionary measure was archived on May, 2005.

PM 277-07 Patients at the Neuropsychiatric Hospital, Paraguay

On July 29, 2008, the IACHR granted a request for precautionary measures on behalf of the patients at the Neuropsychiatric Hospital. The request seeking precautionary measures alleges that acts of physical violence and sexual abuse have been committed against the hospital’s patients. It also alleges that effective measures have not been taken to investigate the violence and protect the patients. After requesting information from the parties several times, the Commission learned that in May and June 2008, the deaths of two patients were reported, as well as sexual abuse and violence at the hospital. The Commission asked the Paraguayan state to take the measures necessary to protect the lives and physical integrity of the beneficiaries, and especially to prevent additional acts of physical violence and sexual abuse inside the hospital. It also asked the State to report the measures taken to investigate the facts. The Commission continues to monitor the situation. This precautionary was lifted by the IACHR on July, 2010

2002

PM 6-02 Urso Branco Prision. Brazil

On March 14, 2002 the Commission granted precautionary measures on behalf of inmates in the Urso Branco prison, located in Porto Velho, state of Rondonia. In the request for precautionary measures, the Commission was informed that since January 2002 there had been several conflicts between groups of inmates, as well as a massacre among the prisoners, resulting in the deaths of over 30 inmates. The petition indicated that the 47 survivors were at risk of being killed. In light of the State's failure to comply with the precautionary measures, the Commission asked the Inter-American Court of Human Rights to take provisional measures to protect the life and person of inmates in the aforementioned prison. The Court issued those measures on June 18, 2002.

Related Links: Admissibility Report No. 81-06, Petition 394/02 – Persons Deprived of Liberty at Urso Branco Prision, Rondonia (Brazil), October 21, 2006.

PM 322-02 Rony Clay Chaves, Rubens Leoncio Pereira, Marcos Massari y Gilmar Leite Siquiera, Brasil

On August 19, 2002, the Commission granted precautionary measures on behalf of Rony Clay Chaves, Rubens Leoncio Pereira, Marcos Massari, and Gilmar Leite Siquiera. The request for precautionary measures indicated that prisoners were taken out of prison intermittently to be used as collaborators in the intelligence activities of a special group of the Military Police of São Paulo known as GARDI. Those activities allegedly include the assassination of 12 persons in an ambush known as Operación Castelinho, planned in advance by the Military Police to present it to public opinion as a successful robbery prevention operation by the Military Police of São Paulo. The protected persons indicated their willingness to testify about their activities and, as a result, had allegedly been threatened both by military police officers and other inmates. The precautionary measures requested by the IACHR were aimed at protecting the life and person of those threatened.On August 26, 2002 the State presented information to the Commission, which was subsequently disputed by the petitioners on October 11, 2002. Both parties have provided additional information, and the precautionary measures remain in effect.

PM 395-02 Francisco Chaviano Gonzalez, Cuba

On December 6, 2002 the Commission granted precautionary measures on behalf of Francisco Chaviano González, who has been denied freedom since 1994, when he was detained while serving as president of the National Civil Rights Council in Cuba. Mr. Chaviano suffers from many ailments, including a back tumor, respiratory difficulties, a chronic infection in one ear, and a peptic ulcer. The petitioners alleged that prison authorities had denied the prisoner specialized medical care and refused to authorize an analysis to determine the nature of his tumor. The Commission asked the Cuban government to provide Mr. Chaviano with specialized medical care.The State did not report to the IACHR on the measures adopted. Related: PM 19-07

PM 259-02 Detainees at Guantanamo, United States

On March 12, 2002 the Commission authorized precautionary measures in favor of detainees being held by the United States at Guantanamo Bay, Cuba. According to the petition requesting the measures, approximately 254 detainees were being held by the United States at its Naval Station in Guantanamo Bay, Cuba, in a facility known as "Camp X-Ray." The request indicated that these detainees were transported by the United States to Guantanamo Bay beginning on or about January 11, 2002 following their capture in Afghanistan in connection with a military operation led by the United States against the former Taliban regime in that country and an organization known as Al Qaeda. The request also claimed that the detainees at Guantanamo Bay were at risk of irreparable harm because the United States refused to treat the detainees as prisoners of war until a competent tribunal determined otherwise in accordance with the Third Geneva Convention of 1949 Relative to the Treatment of Prisoners of War, because the detainees had been held arbitrarily, incommunicado and for a prolonged period of time and had been interrogated without access to legal counsel, and because certain detainees were at risk of trial and possible death sentences before military commissions that failed to comply with established principles of international law. After deliberating upon the request during its 114th regular period of sessions, the Commission decided to request that the United States take the urgent measures necessary to have the legal status of the detainees at Guantanamo Bay determined by a competent tribunal. As explained in its March 12, 2002 communication to the State, the Commission's decision was based upon, inter alia, its finding that doubts existed as to the legal status of the detainees, including the question of whether and to what extent the Third Geneva Convention or other provisions of international humanitarian law applied to some or all of the detainees and what implications this may have for their international human rights protections, and that absent clarification of the legal status of the detainees, the Commission considered that the rights and protections to which they may be entitled under international or domestic law could not be said to be the subject of effective legal protection by the State. Consequently, without prejudging the possible application of international humanitarian law to the detainees at Guantanamo Bay, the Commission considered that precautionary measures were both appropriate and necessary in the circumstances, in order to ensure that the legal status of each of the detainees was clarified and that they would be afforded the legal protections commensurate with that status. The Commission also asked for information from the State within 30 days on compliance with the Commission's measures and thereafter on a periodic basis. In communications dated April 11, 2002 and July 15, 2002 the State provided the Commission with information and arguments in which it disputed the Commission's jurisdiction to adopt the precautionary measures, and the Petitioners responded to the State's April 11, 2002 observations in a communication dated May 13, 2002. Upon considering these additional communications, in notes to the parties dated July 23, 2002, the Commission informed the State and the Petitioners that it had decided to maintain the precautionary measures requested in its March 12, 2002 communication to the United States and to reiterate its request for information concerning the measures taken to implement the Commission's request. The Commission also expressed concern with respect to additional information provided by the Petitioners indicating that the manner in which certain detainees at Guantanamo Bay were captured raised reasonable doubts concerning whether they belong to the enemy's armed forces or related groups. These detainees were alleged to include six Algerian citizens arrested by U.S. authorities in Bosnia and ten Kuwaiti nationals arrested in Pakistan. The Commission indicated that without more, this information raised further serious concerns regarding the legal status of each of the detainees at Guantanamo Bay and the international rights and protections to which they may have been entitled. Further, on October 16, 2002 during its 116th regular period of sessions, the Commission convened a hearing on the precautionary measures at the request of the Petitioners. Representatives of the Petitioners and the State appeared before the Commission, provided written and oral arguments concerning the measures, and answered questions posed by Commission members. The Commission did not subsequently receive any information indicating that its request for precautionary measures had been complied with by the State.

PM 355-02 Foreigners detained, United States

On September 26, 2002 the Commission authorized precautionary measures in favor of certain foreign nationals detained in the United States. According to the petition requesting the measures, the matter pertained to an undefined number of non-U.S. nationals, most of whom were believed to be Muslims of Arab or South Asian decent, who were detained in the United States following the September 11, 2001 terrorist attacks and were being held by the INS for protracted periods of time on minor immigration violations. The petition also contended that these detainees had been granted the right to voluntarily depart the United States or had been ordered deported by an immigration judge but had remained detained for extended periods, some for as long as four months, after the timeframes under U.S. law within which the INS was required to effectuate their removal. The Petitioners indicated that they had been unable to provide the names of the specific detainees to which the request for measures applies, because the United States had blocked access to and the release of information concerning the detainees, and because the detainees who remained in INS detention were not willing to be individually named or to go public with their stories for fear of retaliation or the laying of "dubious" federal criminal charges against them. The Petitioners therefore referred to the subjects of their request collectively as the "9/11 INS Detainees Ordered Deported or Granted Voluntary Departure." The petition alleged that the detainees were at risk of irreparable harm because they faced threats of verbal and physical violence, because any detention that arbitrarily deprives an individual of his or her liberty causes that person irreparable harm, because the fact that the U.S. has refused to define the legal status of the detainees had left the detainees without means to effectively challenge the basis for their continued detention, and because the continued detention categorized and treated the detainees as terrorists, apparently based exclusively upon their religion or country of origin and therefore results in ongoing harm to their reputation and family lives. In a letter dated July 1, 2002, the Commission requested from the United States information that it considered pertinent to the situation referred to in the Petitioners' request, and as to measures that have been or could be taken to address the situation of the detainees concerned. In a communication dated September 18, 2002, the United States responded to the Commission's request for information, in which it contended, inter alia, that the Petitioners' complaint was inadmissible for failure to exhaust domestic remedies and should therefore be dismissed, and in particular because the information requested by the Commission was the subject of five cases pending before the U.S. courts. In a note dated September 26, 2002, the Commission informed the United States that the information provided by the State failed to provide the Commission with any other insights into the specific threats of irreparable harm potentially faced by the class of INS detainee represented by the Petitioners, in particular information relating to the identities, location or status of the detainees concerned, the legal basis for their confinement, or the conditions under which they were being detained. The Commission also noted that it was not apparent that the individuals who remained in detention had effective access to judicial remedies or protection, as the proceedings cited in the State's September 18, 2002 note had either been brought by organizations that appeared to have no access to individuals in detention, or by individuals who may have been held in prolonged detention but had already been deported. In light of these circumstances, the Commission adopted precautionary measures in the same communication requesting that the State take the urgent measures necessary to protect the fundamental rights of the 9/11 Detainees Ordered Deported of Granted Voluntary Departure, including their rights to person liberty and security, to humane treatment, and to resort to the courts for the protection of their legal rights, by allowing independent courts to determine whether the detainees have been lawfully detained and whether they are in need of protection. The Commission also requested information concerning compliance with the measures within 30 days and thereafter on a periodic basis. In the absence of a timely response from the State, the Commission reiterated its request for precautionary measures in a note dated November 18, 2002. The Commission subsequently learned that the U.S. Department of Justice had provided the media with information indicating that most of the 900 people arrested pursuant to federal investigations following the terrorist attacks of September 11, 2001 had been deported, released or convicted of minor crimes not related to terrorism, and that this included 759 of 765 people arrested by the U.S. government on immigration violations. In light of the potential relevance of this information to the INS detainees on whose behalf the Commission's measures were granted, in a note dated December 17, 2002 the Commission reiterated its request for information concerning the status of the beneficiaries of the measures.

PM 221-02 Anthony McLeod, Jamaica

On October 2, 2002 the Commission authorized precautionary measures in favor of Anthony McLeod. According to the petition requesting the measures, Mr. McLeod was an inmate at St. Catherine Adult Correctional Center in Jamaica serving a life sentence and who suffered from a serious bleeding condition from a sensitive area of his body that caused him considerable pain and prevented him from sitting down or walk properly. The request also indicated that Mr. McLeod had complained several times to the prison authorities and that the prison doctor made several appointments for him to attend a hospital for an operation, but that state authorities failed to take him for these appointments or to otherwise provide him with assistance. According to the petition, Mr. McLeod's physical and mental state was deteriorating and he could not afford to pay for medical services to be performed at the prison. The Commission did not receive information indicating that the State had complied with the request for precautionary measures.

PM 207-01 Wilson Garcia Asto, Peru

On April 4, 2002 the IACHR granted precautionary measures on behalf of Mr. Wilson García Asto, who is detained in the Castro Castro Prison in Lima and was diagnosed on July 31, 1998 with a prostate condition. On November 14, 2000 while in the Yanamayo prison in Puno he began to receive oral treatment. On September 21, 2001 he was transferred to the Challapalca Penitentiary, where his health status worsened, but he was not given access to any medical care. Based on the elements compiled after consulting with the State, the Commission requested: (1) that Mr. Wilson García Asto be given a medical exam, including a diagnosis, prognosis, and the recommended treatment for his illness; and (2) that the treatment prescribed as a result of that exam be provided. On April 12, 2002 the State reported that Mr. García Asto had received the requested medical examination. The petitioner insisted, however, that her son had not yet obtained access to any medical care or treatment in Challapalca. On August 21, 2002 on the occasion of a working visit to Peru, an IACHR delegation headed by First Vice President of the Commission and Rapporteur for Peru, Dr. Marta Altolaguirre, verified that Mr. Wilson García Asto had been transferred to the medical annex in the Jualiaca Prison, where he finally received medical care. On December 24, 2002 the petitioner reported that her son had been transferred to the Castro Castro Prison in Lima, which facilitated medical care and family visits. I/A Court H.R., Case of García Asto and Ramírez Rojas v. Perú. Merits, Reparations and Costs. Judgment of November 25, 2005. Series C No. 137.

2001

PM 192-01 Jorge Luis Garcia Perez-Antunez, Cuba

On April 24, 2001, the IACHR ordered precautionary measures on behalf of prison inmate Jorge Luis García Pérez-Antúnez. According to the request for precautionary measures, “inmate García Pérez-Antúnez is serving a sentence at Central de Nieves Morejón prison in Sancti Spíritus province; his health is delicate because of a tumor on his right lung, which was diagnosed in August 2000. In February 2001, without having received medical attention and seeing his health worsen, Antúnez began a hunger strike in demand of medical care; he was taken to the Sancti Spíritus provincial hospital, where a military physician told his sister, Berta Antúnez, that she need not worry because there was nothing wrong with him; after this, he was returned to prison, still not having received any attention.” The IACHR asked the Cuban State to adopt the following precautionary measures: (1) To transfer inmate Jorge Luis Pérez-Antúnez to a hospital specializing in the kind of physical ailments from which he is suffering. (2) To grant him specialized medical attention, to be administered in collaboration with a physician selected by his family. The State returned the IACHR’s document requesting the precautionary measures in an envelope from the Cuban Interests Section in Washington, D.C. However, the IACHR has been informed that inmate Jorge Luis García Pérez-Antúnez was moved to a hospital in Havana, where he received specialized treatment; after this he was transferred to El Combinado del Este prison, which is also located in the country’s capital. Related: PM 306-06

PM 165-01 Jose Francisco Gallardo Rodriguez, Mexico

Gen. José Francisco Gallardo Rodríguez, who remains in prison in Mexico in spite of the specific recommendations contained in IACHR report 43/96, was placed under precautionary measures on November 2, 2001. The gravity and urgency of this case arise from the ongoing violations and dangers faced by Gen. Gallardo in jail: the harassment he receives from the prison authorities and a series of threats and incidents involving him and his family that have never been fully cleared up. The Inter-American Commission sought measures to protect Gen. Gallardo’s life, person, and liberty, along with guarantees to enable his family and representatives to visit the facility where he is being held. In its reply of November 9, 2001, the State reported that it had held a meeting with Gen. Gallardo’s family and representatives, during which several matters dealing with visitor access and security measures had been agreed upon, including authorization for the members of his family to provide him with food. With respect to Gen. Gallardo’s release, the State insisted that this matter was being dealt with as a part of the follow-up of IACHR report 43/96 and that the domestic mechanisms were up and running with the indirect relief proceedings initiated by the petitioners in Mexico. The Inter-American Commission determined that the precautionary measures had not been implemented and, on December 18, 2001, filed a request for provisional measures on Gen. Gallardo’s behalf with the Inter-American Court of Human Rights.

Related Links:  Report on the Merits No. 43/06, Case 11.430 – Jose Francisco Gallardo Rodriguez (Mexico), October 15, 2996.

PM 174-01 Children and adolescents deprived of liberty at the “Panchito Lopez Juvenile Reeducation Center”, Paraguay

On August 8, 2001, the Commission requested that precautionary measures be adopted on behalf of the 255 minors who were previously being held at the Panchito López Reeducation Center for Minors (petition 11.666). The Commission made this request because on July 25, 2001, a fire had broken out at the Panchito López Institute. One youngster, Benito Augusto Moreno, was shot by a guard during the fire and died on August 6, 2001; following the fire, 125 minors were transferred to the Emboscada facility, which does not meet the minimum standards needed to guarantee the physical integrity of the minor inmates; the others were sent to different parts of the country and were placed in prisons with small, overcrowded cells alongside adults, except at the San Juan Bautista and Emboscada facilities, where they were placed in separate children’s blocks; and relocating these minors to distant prisons has aggravated their critical situations and has also made family visits impossible. The Commission therefore requested that: (1) The minors be immediately transferred to the Itaguá Education Center. (2) The physical, mental, and moral integrity of the minors be ensured and, in particular, that minors and adults be kept completely separate during the temporary relocation of the young inmates in the aforesaid facilities. (3) Access to the minors by their legal counsel and family visitors be granted. (4) The circumstances that gave rise to these measures be investigated, in particular those that led to the death of Benito Augusto Moreno (or Augusto Benitez), and that the perpetrators thereof be punished. After the State replied, the parties have continued to submit information and comments in connection with these precautionary measures. The Commission continues to monitor compliance with the precautionary measures.

Related Links: I/A Court H.R., Case of the “ Juvenile Reeducation Institute” v. Paraguay. Preliminary Objections. Merits, Reparations and Costs Judgment of September 2, 2004. Series C No. 112.

PM 166-01 Isabel Velarde Sanchez, Peru

On August 28, 2001, the Commission granted precautionary measures asked the Peruvian State to take effective steps to guarantee the life and person of Ana Mercedes Ojeda Bruno, and those of her family, including protective measures that would uphold those individuals’ right of free transit and free expression. The IACHR also asked Peru to begin an investigation into the threats those people had been receiving. The precautionary measures were based on an application filed with the IACHR claiming that Ms. Ojeda Bruno had suffered a series of attacks and threats that made her fear for her life and person. The IACHR was informed that those attacks and threats were supposedly related to the activities of Ms. Ojeda Bruno’s father, Mr. Francisco Ojeda Riofrio, in his capacity as president of the Tambogrande Defense Front. The State replied on September 14, 2001, saying that it had offered Ms. Ojeda Bruno the protection requested by the Commission. The State subsequently provided information on the measures related to the investigation into the threats and the other incidents that were reported.

2000

PM 127-00 Detainees at the Sorocaba Prison, Brazil

On December 21, 2000, the Commission requested precautionary measures on behalf of three Justice Advocates of São Paulo and their family members, as well as 16 persons detained in the Public Prison of Sorocaba in the State of São Paulo, who had received death threats presumably linked to the mistreatment and torture taking place in that prison (case 1.263). The measures requested guarantees for the right to life and physical integrity and the ability to testify without fear of reprisal. The State reported that it had transferred the guards involved in the case to administrative positions. The measures remain in effect until May 21, 2001.

PM 129-00 Self-Called political prisoners at the “Carcel Nacional Modelo” in Bogota, Colombia

On May 11, 2000, the Commission granted precautionary measures and requested that the State take steps to protect the life and physical integrity of the political prisoners in buildings 1 and 2 of the National Model Prison in Bogotá. Based on available information, on April 27, 2000, prisoners belonging to paramilitary groups detained in cellblock 5 launched a violent attack on prisoners in cellblock 4, killing 47 inmates and injuring 17 others. The petitioners alleged that several prisoners from cellblocks 3 and 5, with Autodefensas Unidas de Colombia bracelets, carried long-range weapons when patrolling the facilities, making threats against political prisoners. Following the State’s reply, the parties continued to present information and observations on these precautionary measures. This precautionary measure was lifted by the IACHR on July, 2010.

1999

PM 61-99 Angel Aguirre Rodriguez, Mexico

On March 4, 1999, the Commission granted precautionary measures on behalf of Angel Aguirre Rodríguez, a prisoner who, according to the information before the Commission, had been brutally beaten in the Nuevo León Social Rehabilitation Center (CERESO de Apodaca), together with other prisoners who had been meeting with representatives of Citizens in Support of Human Rights, A. C. (CADHAC), who were allegedly harassed. The State responded to the Commission’s request on March 19, 1999, with information on the measures it had adopted, which consisted of the intervention of the State Human Rights Commission of Nuevo León and of the Government Secretariat of that state. The parties continued the interchange of information and observations in relation to these measures and the situation of the prisoners until October 4, 1999, when the six month period for which the measures had been granted expired.

1998

PM 9-98 Diego Esquina Mendoza and others, Guatemala

On April 8, 1998, the Commission requested the adoption of precautionary measures on behalf of Diego Esquina Mendoza and other persons, who were in preventive detention in Sololá, were seriously ill and found themselves in a situation dangerous to their health because of the poor conditions of their detention. The Commission requested that the State of Guatemala take the necessary measures to protect the physical integrity of the detainees.

PM 26-98 Francisco Xavier Morales Zapata, Guatemala

On September 9, 1998, the Commission requested the adoption of precautionary measures on behalf of retired Captain Marco Antonio Ríos Morales and his family, who had been threatened and whose lives were affected by the bombing of his parked car. The Commission requested the State to take the necessary measures to protect the life and physical integrity of Mr. Ríos Morales and his family.