IACHR Grants Precautionary Measures in Favor of Abdul Montoya Vivas and His Family in Nicaragua

January 2, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 81/2023 on December 27, 2023, to grant precautionary measures in favor of Abdul Montoya Vivas and his family in Nicaragua, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.

According to the party who requested these precautionary measures, Abdul Montoya Vivas—regarded as a critic of Nicaragua's current government—is being deprived of liberty at the Jorge Navarro National Prison Service facility, known as "La Modelo." He is allegedly suffering acts of retaliation and being kept in inadequate conditions of detention which include not getting the medical care he requires to address his health problems. The proposed beneficiary's family has reportedly been subjected to surveillance and threats by officers of the State. The State did not provide any information on this matter.

After assessing the legal and factual allegations, the IACHR considered that Abdul Montoya Vivas and his family are at risk. The risks cited in the request for these precautionary measures persist and are likely to get worse, given the current context in Nicaragua. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua to take the following action:

1. Adopt any measures necessary to protect the rights to life, personal integrity, and health of Abdul Montoya Vivas and his family
2. Adopt any measures necessary to ensure that the beneficiary's conditions of detention reflect the applicable international standards and include the following actions:
   1. ensuring that he is not subjected to threats, intimidation, harassment, or physical violence within penitentiary facilities;
   2. immediately conducting a specialist medical examination of his current health condition, so he receives adequate specialized care;
   3. providing the beneficiary with the treatment and medication he needs to address his health issues;
   4. enabling regular access to and contact with his family and lawyers; and
   5. considering the option of granting him alternatives to deprivation of liberty, given that it is impossible to protect his rights in his current conditions of detention
3. Come to an agreement with the beneficiaries and their representatives concerning any measures that need to be taken
4. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

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.

No. 003/24

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