IACHR grants precautionary measures in favor of Moisés Alberto Silva González and his family unit in Nicaragua

December 14, 2022

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Resolution 71/22

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Washington, D.C.- On December 11, 2022, the Inter-American Commission on Human Rights (IACHR) issued Resolution 71/22, by which it granted precautionary measures in favor of Moisés Alberto Silva González and his family unit, upon considering that they are in a serious and urgent situation of risk of irreparable harm to their rights in Nicaragua.

According to the applicants, Mr. Moisés Silva is identified as an opponent of the current Nicaraguan government as a result of his participation in the civic protests in the municipality of Jinotepe in 2018, and in different social movements, such as the April 19 Movement, the Civic Alliance for Justice and Democracy and the National Coalition. Due to the above, the proposed beneficiary has reportedly been subject to acts of threats, harassment, and surveillance by state and parastatal agents from 2018 to date. The IACHR requested information from the State under the terms of Article 25 of its Rules of Procedure, and has not received a response.

After analyzing the allegations of fact and law provided by the applicants, the IACHR observed that Moisés Silva's situation of risk has continued over time, and has intensified since the end of 2021. The Commission also notes with concern that the facts described indicate that his family members are also seriously affected, taking into account that they reportedly face surveillance, sieges, and interrogations, due to the connection they have with the proposed beneficiary. Therefore, the IACHR considered that Mr. Moisés Silva and his family unit are in a situation of serious risk to their rights to life and personal integrity.  

Consequently, in accordance with Article 25 of its Rules of Procedure, the Commission decided to grant the precautionary measure and requested the State of Nicaragua to:

a) adopt the necessary measures to protect the rights to life and personal integrity of the proposed beneficiaries. To this end, the State must both ensure that state actors respect the beneficiaries’ life and personal integrity, and protect their rights in relation to acts of risk attributable to third parties, in accordance with the standards established by international human rights law;
b) consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
c) report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

The granting of this precautionary measure and its adoption by the State do not constitute a prejudgment regarding a possible petition before the Inter-American system alleging violations of the rights protected in the American Convention 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.

No. 278/22

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