Precautionary Measures Granted

Resolution No. 49/22
PM 652-22 - Juan Lorenzo Holmann Chamorro and his family unit , Nicaragua

On September 29, 2022, the IACHR decided to grant precautionary measures in favor of Juan Lorenzo Holmann Chamorro and his family unit. According to the request, the beneficiary, who is the reported General Manager of the independent media outlet “Diario La Prensa,” is detained in the Judicial Assistance Directorate (DAJ) facilities known as “Nuevo Chipote.” He is held inadequate detention conditions and does not receive the necessary, timely, and adequate medical care to treat his health issues. The Commission also stated its concern regarding the impact on the right to freedom of expression in Nicaragua’s current context, and the events against the “Diario La Prensa”. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Mr. Juan Lorenzo Holmann Chamorro and the members of his family unit;
  2. adopt the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the international standards applicable in the matter, including: i. ensuring that he is not subject to threats, intimidation, harassment, or attacks within the prison; iii. guaranteeing access to adequate and specialized medical care, and that he receives an immediate specialized medical assessment of his health; iv. providing the necessary treatments and medicines to treat his conditions; and, v. assessing, in light of the proposed beneficiary’s detention conditions and health, the granting of alternative measures to the deprivation of liberty;
  3. take the necessary measures so that Juan Lorenzo Holmann Chamorro can carry out his activities without be subjected to acts of violence, intimidation, threats, or harassment in the performance of his duties. The foregoing includes the adoption of measures so that he can duly exercise his right to freedom of expression;
  4. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and,
  5. report on the actions undertaken 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. 47/22
PM 608-22, 625-22 - Edder Oniel Muñoz Centeno and Nidia Lorena Barbosa Castillo, Nicaragua

On September 23, 2022, the IACHR granted precautionary measures in favor of Edder Oniel Muñoz Centeno and Nidia Lorena Barbosa Castillo upon considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. The requests for precautionary measures allege that the proposed beneficiaries, who are identified or perceived as opponents of the current Nicaraguan government, are being held in the National Penitentiary System unit in Granada in inadequate detention conditions and that they do not receive the necessary, timely, and adequate medical attention to treat their various health conditions. Specifically, the Commission noted the special situation of vulnerability that Ms. Barbosa Castillo faces due to her position as an elderly woman. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requested that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of the proposed beneficiaries;
  2. adopt the necessary measures to ensure that the proposed beneficiaries’ detention conditions are compatible with the applicable international standards in this area, inter alia: i. allowing contact with their lawyers and legal representatives; ii. ensuring that they are not subjected to threats, intimidation, harassment, or attacks within the penitentiary; iii. guaranteeing access to adequate and specialized health care, in addition to an immediate specialized medical assessment of the health of each proposed beneficiary; iv. granting the necessary treatments and medications to treat their respective conditions; v. providing adequate food; and vi. assessing, in light of the proposed beneficiaries’ detention conditions and health, the granting of alternative measures to the deprivation of liberty;
  3. consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives; and
  4. report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent similar events from reoccurring.

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Resolution No. 42/22
PM 485-22 - Yolanda del Carmen González Escobar and her family unit , Nicaragua

El 29 de agosto de 2022, la CIDH otorgó medidas cautelares a favor de Yolanda del Carmen González Escobar y su núcleo familiar, tras considerar que se encuentran en una situación de gravedad y urgencia de riesgo de daño irreparable a sus derechos. La solicitud de medidas cautelares alega que la propuesta beneficiaria, quien es identificada o percibida como opositora política al actual gobierno nicaragüense, estaría siendo objeto de amenazas, hostigamientos y vigilancia de manera constante por agentes policiales y paraestatales desde el año 2018 hasta la fecha. Dicha situación se intensificó y ella habría sufrido allanamientos con uso de violencia, en los cuales sus familiares también fueron asediados, y amenazas por su participación en actividades religiosas. De acuerdo con el artículo 25 del Reglamento, la Comisión solicita a Nicaragua que:

  1. adopte las medidas necesarias para proteger los derechos a la vida e integridad personal de Yolanda del Carmen González Escobar y a su núcleo familiar. A tales efectos, el Estado debe tanto asegurar que sus agentes respeten la vida e integridad personal de las personas beneficiarias, como proteger sus derechos en relación con actos que sean atribuibles a terceros, de conformidad con los estándares establecidos en el derecho internacional de los derechos humanos;
  2. concierte las medidas a adoptarse con las personas beneficiarias y sus representantes;
  3. informe sobre las acciones adelantadas a fin de investigar los presuntos hechos que dieron lugar a la adopción de la presente resolución y así evitar su repetición.

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Resolution No. 38/22
PM 506-22  - Rusia Evelyn Pinto Centeno , Nicaragua

On July 31, 2022, the IACHR granted precautionary measures in favor of Rusia Evelyn Pinto Centeno regarding Nicaragua, after considering that she is at serious and urgent risk of irreparable harm to her rights in Nicaragua. The request for precautionary measures claims that the proposed beneficiary, who is identified as an opponent of the current government of Nicaragua, is deprived of her liberty in the Comprehensive Women’s Penitentiary Center "La Esperanza," in inadequate conditions of detention and without receiving the necessary medical care for her health. They also note that the proposed beneficiary is being subjected to constant surveillance, as well as to stigmatizing and discriminatory acts by prison officers. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Rusia Evelyn Pinto Centeno;
  2. adopt the necessary measures to ensure that the detention conditions of Rusia Evelyn Pinto Centeno are compatible with the applicable international standards in this area, including the following: i. allowing contact with her attorneys and legal representatives; ii. ensuring that she is not subjected to discriminatory and stigmatizing treatment within the penitentiary; iii. immediately carrying out an impartial and specialized medical assessment of her current health, including performing the necessary medical examinations to determine the status of her health; iv. granting the necessary treatments and medicines, prescribed by the competent health personnel; and v. considering the granting of alternative measures to deprivation of liberty, in light of the proposed beneficiary’s conditions of detention and health;
  3. consult and agree upon the measures to be adopted with the proposed beneficiary and her representatives; and
  4. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure, so as to prevent them from reoccurring.

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Resolution No. 27/22
PM 266-22 - José Alejandro Quintanilla Hernández and his nuclear family , Nicaragua

On June 22, 2022, the IACHR granted precautionary measures to José Alejandro Quintanilla Hernández and his family, after considering that they are in a serious and urgent situation placing them at risk of irreparable harm to their rights. The request for precautionary measures alleges that the proposed beneficiary, who is identified or perceived as a political opponent of the current government of Nicaragua, has been deprived of liberty since August 23, 2021, and has not received timely medical attention. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of José Alejandro Quintanilla Hernández and his family;
  2. ensure that the conditions of his detention are compatible with the applicable international standards on the matter, which include, but are not limited to: i. guaranteeing regular contact with his family and lawyers; ii. taking into account the risk to his life, personal integrity, and health, an impartial and specialized medical assessment of his current health situation should be carried out immediately; iii. the proposed beneficiary should be given the treatments and medications prescribed by the competent health personnel;
  3. consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives;
  4. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent them from reoccurring.

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Resolution No. 26/22
PM 66-22, 135-22 - José Antonio Peraza Collado, Roger Abel Reyes Barrera, and Irving Isidro Larios Sánchez, as well as their respective families , Nicaragua

On June 20, 2022, the IACHR granted precautionary measures in favor of José Antonio Peraza Collado, Roger Abel Reyes Barrera, and Irving Isidro Larios Sánchez regarding Nicaragua, upon considering that they are at serious and urgent risk of irreparable harm to their rights in Nicaragua. The requests for precautionary measures allege that the proposed beneficiaries, who are identified as opponents of the current government of Nicaragua, are reportedly deprived of their liberty in the Directorate of Judicial Assistance known as “El Nuevo Chipote” in inadequate conditions of detention and without receiving the necessary medical care for their health. They also emphasize that the proposed beneficiaries are being subjected to acts of intimidation and harassment by State officers, a situation that allegedly also affects their families. Accordingly, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of the proposed beneficiaries;
  2. take the necessary measures to ensure that the proposed beneficiaries’ detention conditions are compatible with applicable international standards in this field, including: i) ensuring that they are not subjected to threats, intimidation, harassment, or assault within the prison; ii) guaranteeing access to adequate and specialized medical care, and immediately carrying out a specialized medical assessment of their individual health; and iii) granting the necessary treatments and medications to treat their respective conditions;
  3. consult and agree upon the measures to be adopted with the proposed beneficiaries and their representatives; and
  4. report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.

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Resolution No. 25/22( EXTENSION )
PM 819-18 - Yubrank Miguel Suazo Herrera, Nicaragua

On June 13, 2022, the IACHR decided to extend precautionary measures in favor of Yubrank Miguel Suazo Herrera. The request indicates that Suazo was detained and transferred to the Directorate of Judicial Assistance (DAJ) known as the Nuevo Chipote, in May 2022; on that occasion the father had also been assaulted. The Commission assessed that the detention was carried out with violence and that information on the reason for such a detention and the whereabouts of Suazo was subsequently denied. In addition, family members and lawyers have not had access to information on the situation to enable them to initiate the necessary appeals.?

Upon analyzing the submissions of fact and law provided by the representatives, the Commission considers that the beneficiary is in a serious and urgent situation, given that from the applicable prima facie standard of review, he is facing a risk of irreparable harm to his rights. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that the State of Nicaragua:

  1. adopt the necessary measures to guarantee the rights to life and personal integrity of Mr. Yubrank Miguel Suazo Herrera. In particular, the State must both ensure that state actors respect the rights of the beneficiary in accordance with the standards established by international human rights law, as well as in relation to acts of risk attributable to third parties;
  2. in order to verify his situation, grant Mr. Suazo Herrera access to his legal representatives, in addition to the family visits in accordance with the applicable standards;
  3. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
  4. report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure.

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Resolution No. 23/22
PM 212-21 - Samuel Mauricio Mairena Rocha, Nicaragua

On May 30, 2022, the IACHR granted precautionary measures in favor of Samuel Mauricio Mairena Rocha, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights. The request for precautionary measures claims that the proposed beneficiary, who is identified or perceived as a political opponent of the current government of Nicaragua, is at risk as he is being subjected to threats, harassment, and surveillance by state and parastatal agents since 2018 to present day. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. take the necessary measures to protect the rights to life and personal integrity of Samuel Mauricio Mairena Rocha. To this end, the State must both ensure that state actors respect the life and personal integrity of the proposed beneficiary, as well as protect his rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law;
  2. consult and agree upon the measures to be adopted with the proposed beneficiary and his representatives; and
  3. report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution, so as to prevent these events from reoccurring.

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Resolution No. 21/22
PM 145-22 - Yoel Ibzán Sandino Ibarra, Nicaragua

El 5 de mayo de 2022, la CIDH otorgó medidas cautelares a favor de Yoel Ibzán Sandino Ibarra, tras considerar que se encuentra en una situación de gravedad y urgencia de riesgo de daño irreparable a sus derechos. La solicitud de medidas cautelares alega que el propuesto beneficiario, quien es identificado o percibido como opositor político al actual gobierno nicaraguense, se encuentra privado de libertad desde el 5 de noviembre de 2021 y no ha recibido atención atención médica oportuna. De acuerdo con el artículo 25 del Reglamento, la Comisión solicita a Nicaragua:

  1. adopte las medidas necesarias para proteger los derechos a la vida, integridad personal y salud de Yoel Ibzán Sandino Ibarra;
  2. asegure que sus condiciones de detención sean compatibles con los estándares internacionales aplicables en la materia, lo que incluya, entre otros: i. tener contacto con sus familiares y abogados; ii. tomando en cuenta la situación de riesgo a la vida, integridad personal y salud, se realice, inmediatamente, una valoración médica imparcial y especializada sobre su situación actual de salud; iii. se otorgue los tratamientos y medicamentos que tendría prescritos el propuesto beneficiario;
  3. concierte las medidas a adoptarse con las personas propuestas como beneficiarias y sus representantes;
  4. informe sobre las acciones adelantadas a fin de investigar los presuntos hechos que dieron lugar a la adopción de la presente resolución y así evitar su repetición.

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Resolution No. 17/22
PM 1169-21 - Lázaro Ernesto Rivas Pérez, Nicaragua

El 20 de diciembre de 2021, la Comisión Interamericana de Derechos Humanos (“la Comisión Interamericana”, “la Comisión” o “la CIDH”) recibió una solicitud de medida cautelar presentada por el Colectivo de Derechos Humanos Nicaragua Nunca Más (“la organización solicitante”) instando a la Comisión que requiera al Estado de Nicaragua (“el Estado” o “Nicaragua”) la adopción de las medidas necesarias para proteger los derechos a la vida, integridad personal y salud del señor Lázaro Ernesto Rivas Pérez (“el propuesto beneficiario”). Según la solicitud, el propuesto beneficiario, quien es identificado o percibido como opositor político al actual gobierno nicaragüense, se encuentra privado de libertad desde el 29 de julio de 2020 en condiciones inadecuadas y sin atención a su salud.

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Resolution No. 9/22( EXTENSION )
PM 505-15 - Indigenous people of the Musawas, Suniwas and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, Nicaragua

On February 13, 2022, the IACHR decided to extend precautionary measures in favor of Indigenous Peoples of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region, in Nicaragua. The request alleged that the inhabitants of the identified communities are being subjected to threats, intimidation, and acts of violence on the Caribbean Coast in a context where land titling processes are pending due to the presence of settlers in Indigenous territories.Upon analyzing the submissions of fact and law, the IACHR considers that the information provided shows, in principle, that the beneficiaries are at serious and urgent risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission requests Nicaragua to:

  1. adopt the necessary and culturally appropriate measures to safeguard the life and personal integrity of the indigenous people of the Musawas, Suniwas, and Wilú Communities of the Mayangna Sauni As Territory in the North Caribbean Coast Autonomous Region;
  2. consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
  3. report on the actions taken to investigate the alleged facts that led to the adoption of these precautionary measures, so as to prevent such events from reoccurring.

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Resolution No. 8/22
PM 564-21 - Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla, Nicaragua

On February 13, 2022, the IACHR granted precautionary measures in favor of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla regarding Nicaragua, having considered that they are at serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiaries, who are identified as opponents of the current Nicaraguan government, are being threatened and are suffering attacks, harassment, and arbitrary detentions by state and parastatal authorities. Similarly, it indicates that the proposed beneficiary Marvin Antonio Castellón Ubilla is reportedly deprived of liberty, where he is being subjected to threats and attacks, also in inadequate conditions of detention. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Martha del Socorro Ubilla, Marlon Antonio Castellón Ubilla, and Marvin Antonio Castellón Ubilla. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, 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 and taking into account a gender perspective;
  2. adopt the necessary measures to ensure that the detention conditions of Mr. Marvin Antonio Castellón Ubilla comply with the applicable international standards;
  3. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  4. 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. 7/22
PM 217-21 - William Alfredo Balmaceda Ubieta and his nuclear family, Nicaragua

On February 8, 2022, the IACHR granted precautionary measures in favor of William Alfredo Balmaceda Ubieta and his nuclear family regarding Nicaragua, upon considering that they face a serious and urgent risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleges that the proposed beneficiary, identified or perceived as a political opponent in the current context of Nicaragua, is being subjected to acts of threats, attacks, harassment, and surveillance by state and para-state agents. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life and personal integrity of William Alfredo Balmaceda Ubieta and his nuclear family. To this end, the State must both ensure that state actors respect the life and personal integrity of the beneficiaries, and protect their rights in relation to acts of risk that are attributable to third parties, in accordance with the standards established by international human rights law;
  2. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  3. 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. 1/22
PM 1088-21 - Edgar Francisco Parrales Castillo , Nicaragua

On January 12, 2022, the IACHR granted precautionary measures to Edgar Francisco Parrales Castillo, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures claims that the proposed beneficiary, identified or perceived as political opponent in the current context of Nicaragua, is deprived of liberty since November 22, 2021, is being held incommunicado from his relatives and lawyers, suffers from serious diseases and is not receiving timely medical attention. Pursuant to Article 25 of its Rules of Procedure, the Commission request that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Edgar Francisco Parrales Castillo;
  2. ensure that his detention conditions are compatible with applicable international standards on the matter, including, inter alia: i. to have contact with his relatives and defense lawyers; ii. taking into account the situation presenting a risk to his life, personal integrity, and health resulting from the circumstances surrounding his current deprivation of liberty and his state of health, immediately carry out an impartial and specialized medical assessment on his current health situation; iii. provide the treatments and medications that the proposed beneficiary has been reportedly prescribed; and iv. assess the possibility of immediately granting alternative measures to deprivation of liberty, based on his state of health, in accordance with its internal regulations and in light of the applicable inter-American standards; and
  3. report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.

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