IACHR Grants Precautionary Measures to Walner Ruiz Rivera in Nicaragua

June 5, 2024

Washington, DC—On June 3, 2024, the Inter-American Commission on Human Rights (IACHR) issued Resolution 37/2024 granting precautionary measures to Walner Antonio Ruiz Rivera in Nicaragua, whose rights it found to be at grave and urgent risk of suffering irreparable harm.

According to the petitioning party, the beneficiary is being deprived of his liberty at La Modelo prison, where he is being held in substandard conditions of detention without receiving the medical attention he requires. He is also being subjected to acts of violence by prison officials, including beatings, ill-treatment, and intimidation. The State has not provided any information that would make it possible to determine whether the risk factors identified have been duly mitigated.

After analyzing the factual and legal allegations, the IACHR considered that the beneficiary was at risk and susceptible to greater violations of his rights. This is due to the fact that he is being deprived of his freedom, his current state of health, his lack of access to adequate medical care, the acts of violence reported, and the conditions in which he is being detained.

Consequently, in accordance with article 25 of the Rules of Procedure, the IACHR requested that the State of Nicaragua:

1. Take the necessary measures to protect the right to life, personal integrity, and health of Mr. Walner Antonio Ruiz Rivera. It specifically requested that official information on his current situation be provided while he is in the custody of the State;
2. Take the necessary measures to ensure that the conditions of the beneficiary's detention are compatible with the applicable international standards on this matter, including i. ensuring that he is not subjected to violence, threats, intimidation, and aggression in prison; ii. taking the necessary measures to respond to the allegations of torture contained in the petition; iii. ensuring that he has access to adequate, specialized medical care and that his medical condition is comprehensively assessed without delay; iv. ensuring that he has access to the procedures and medication needed to treat his medical condition; and v. considering the possibility of granting him alternative measures to the deprivation of liberty, given that it is impossible to protect his rights in the conditions in which he is being held;
3. agree on any measures to be taken with the beneficiaries and his representatives; and
4. report on the measures taken to investigate the alleged events that gave rise to this resolution to prevent them from being repeated, particularly with regard to the allegations of torture made by the petitioners.

The granting of these precautionary measures and their adoption by the State do not entail a prejudgment on any petition that may eventually be filed before the inter-American system over violations of the rights protected by the American Convention on Human Rights and other applicable instruments.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 127/24

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