IACHR Press Office
Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 30/22 on July 8, 2022, to grant precautionary protection measures in favor of Walnier Luis Aguilar Rivera and Ibrahim Domínguez Aguilar in Cuba, in the belief that they are currently deprived of liberty and face a serious, urgent risk of suffering irreparable harm to their rights.
According to the requests for these precautionary measures, the proposed beneficiaries were deprived of liberty after taking part in protests and have not received adequate medical care since July 2021, despite being in poor health. Their families have also not been formally notified of the whereabouts of Walnier Aguilar and Ibrahim Domínguez and are facing many hurdles to communicate with the two men on an equal footing with other individuals who are deprived of liberty.
The families further noted that the two face "severe" conditions of detention and allegedly suffer ill-treatment and threats (to make them confess to crimes) and blackmail to not be said to be misbehaving in prison, at the hands of prison authorities. Rivera allegedly has mental health issues that have required psychiatric care and he is not getting the medical attention he needs. His condition is said to have become critical, with suicidal thoughts. Domínguez Aguilar was allegedly beaten up and required emergency care in 2021. More recently, he has had frequent bouts of high fever, migraine crises, dizziness, and muscle pain, but he has reportedly received no medical care.
The Inter-American Commission is disappointed that the State has failed to provide its own observations, although they were requested in keeping with Article 25.5 of the IACHR's Rules of Procedure.
After assessing the legal and factual allegations made by the parties who requested these precautionary measures, the IACHR considers that both proposed beneficiaries face serious conditions of detention and ill-treatment and have not received adequate medical care in 11 months in detention, despite being in poor health. The Commission further notes that the families and lawyers of the two men have filed appeals before the authorities of competent jurisdiction to address the situation of the proposed beneficiaries, but that they have not received a response.
The Commission considers that the information it has received shows prima facie that Walnier Luis Aguilar Rivera and Ibrahim Domínguez Aguilar are in serious and urgent danger and that their rights to life and personal integrity risk suffering irreparable harm. The IACHR therefore asks Cuba to take the following action:
The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.