Precautionary Measures Granted

Resolution No. 89/23
PM 1022-23, 1025-23 - Kevin Emilio Castillo Prado, Víctor Jobelni Ticay Ruiz, Sergio Catarino Castiblanco Hernández, Jacqueline de Jesús Rodríguez Herrera, JECW, Olesia Auxiliadora Muñoz Pavón, Anielka Lucía García Zapata, and Melba Damaris Hernández, Nicaragua

On December 30, 2023, the IACHR decided to grant precautionary measures in favor of Kevin Emilio Castillo Prado, Víctor Jobelni Ticay Ruiz, Sergio Catarino Castiblanco Hernández, Jacqueline de Jesús Rodríguez Herrera, JECW, Olesia Auxiliadora Muñoz Pavón, Anielka Lucía García Zapata and Melba Damaris Hernández. According to the applicant, the identified persons were allegedly deprived of their liberty under the same pattern of persecution and criminalization against opponents and critics of the Government of Nicaragua. The identified persons are allegedly being held in inhumane conditions of incarceration, without access to medical attention despite suffering from different health conditions. Therefore, under the terms of Article 25 of the Rules of Procedure, the IACHR requests that the State of Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries;
  2. adopt the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with the applicable international standards on the matter, including: i. guarantee that they are not subjected to threats, intimidation, harassment, or aggression inside the prison; ii. guarantee access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of their health; iii. provide the necessary treatment and medication to treat their health issues; iv. guarantee regular contact and access to their family and lawyers, and v. evaluate the possibility of granting alternative measures to imprisonment given the impossibility of protecting their rights in light of the current detention conditions;
  3. consult and agree upon, with the beneficiaries and their representatives, on the measures to be adopted; and
  4. report on the actions taken in order to investigate the alleged events that led to the adoption of this resolution, so as to prevent them from reoccurring.

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Resolution No. 82/23
PM 1091-23 - Freddy Antonio Quezada, Nicaragua

On December 27, 2023, the IACHR granted precautionary measures in favor of Freddy Antonio Quezada, after 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 alleged that Mr. Quezada, who is a professor and former lecturer, is deprived of his liberty, and despite suffering from a series of health problems, he does not have access to basic and specialized medical care. In addition, there is not enough information about his current detention conditions, nor does he have contact with his family members. 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 Freddy Antonio Quezada;
  2. adopt the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards on this subject, including: i. guaranteeing access to adequate and specialized medical care, and immediately carrying out a specialized medical evaluation of his health; ii. providing the necessary treatments and medications to treat his health issues; and iii. guaranteeing regular contact with, and access to, his family members, lawyers, and representatives; iv. evaluate the possibility of granting alternative measures to imprisonment given the impossibility of protecting his rights in light of the current detention conditions;
  3. consult and agree upon the measures to be adopted with the proposed beneficiary and his representatives; and
  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. 81/23
PM 1094-23 - Abdul Montoya Vivas and family, Nicaragua

On December 27, 2023, the IACHR granted precautionary measures in favor of Abdul Montoya Vivas and his family, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleged that he is being deprived of his liberty, and despite suffering from a series of health problems, he does not have access to basic and specialized medical care. In addition, he would be in inadequate conditions of detention and would be subject to reprisals. Moreover, the family members of the proposed beneficiary are being subjected to acts of surveillance and threats by State agents. 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 Abdul Montoya Vivas and his family unit;
  2. adopt the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards on the matter, including: i. guarantee that he is not subjected to threats, intimidation, harassment, or aggression inside the prison; ii. guarantee access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of his health; iii. provide necessary treatment and medication to treat his health issues; iv. guarantee regular contact and access to his family and lawyers, and v. evaluate the possibility of granting alternative measures to imprisonment given the impossibility of protecting his rights in light of the current detention conditions;
  3. consult and agree upon, with the beneficiaries and their representatives, on the measures to be adopted; and
  4. report on the actions taken in order to investigate the alleged events that led to the adoption of this resolution, so as to prevent them from reoccurring.

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Resolution No. 60/23
PM 812-23 - Nancy Elizabeth Henriquez James, Nicaragua

On October 11, 2023, the IACHR granted precautionary measures in favor of Nancy Elizabeth Henriquez James, after considering that she is in a serious and urgent situation placing her at risk of irreparable harm to her rights in Nicaragua. The request for precautionary measures alleged that Ms. Nancy Elizabeth Henriquez James, who is an indigenous Miskitu, regional deputy for the Autonomous Region of the Northern Caribbean Coast of Nicaragua and president of the organization YATAMA (Yapti Tasba Masraka Nanih Aslatakanka, “Children of Mother Earth United”), has been missing since October 1, 2023, after being arrested by police officers. It is alleged that on the day of her arrest, she was approached by undercover National Police agents at the entrance of a residential home in Managua. Furthermore, the beneficiary was arrested without being informed of the reason for her arrest, nor was she brought before a judge. The Commission also found that the State did not provide any information on the measures adopted to mitigate the risk faced by the beneficiary, or on the actions taken to determine her whereabouts or fate. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to determine the situation and whereabouts of Ms. Nancy Elizabeth Henriquez James, in order to protect her rights to life and personal integrity;
  2. report on the detention conditions in which she is currently held. In particular, report on the place of her detention, and allow access to her lawyers and family, as well as the necessary health care; 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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Resolution No. 59/23
PM 799-23 - Brooklyn Rivera Bryan, Nicaragua

On October 9, 2023, the IACHR granted precautionary measures in favor of Brooklyn Rivera Bryan, 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 alleged that Mr. Brooklyn Rivera Bryan, who is an indigenous Miskitu, regional deputy and leader of the YATAMA organization (Yapti Tasba Masraka Nanih Aslatakanka, “Children of Mother Earth United”), has been missing since September 29, 2023 after being arrested by police officers. It is alleged that on the day of his arrest, National Police officers violently broke into the beneficiary’s residence located in Bilwi, Northern Caribbean Coast Autonomous Region. The beneficiary was beaten, handcuffed and arrested during the course of the events. Furthermore, the police officers did not present a search warrant or an arrest warrant against Mr. Rivera Bryan. The Commission also found that the State did not provide any information on the measures adopted to mitigate the situation that places the beneficiary at risk, or on the actions taken to determine the whereabouts or fate of the beneficiary. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to determine the situation and whereabouts of Mr. Brooklyn Rivera Bryan, in order to protect his rights to life and personal integrity;
  2. report on the detention conditions in which he is currently held. In particular, report on the place of his detention, and allow access to his lawyers and family, as well as the necessary health care; 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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Resolution No. 58/23
PM 558-23 - José Leonardo Urbina Rodriguez, Nicaragua

On October 9, 2023, the IACHR granted precautionary measures in favor of José Leonardo Urbina Rodriguez, 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 alleged that Mr. Urbina Rodriguez, who is a priest from Boaco, is deprived of his liberty in the Jorge Navarro National Penitentiary System known as “La Modelo”, and despite suffering from a series of health problems, he does not have access to basic and specialized medical care or the necessary medicines. In addition, there is not enough information about his current detention conditions, nor would he be allowed access to his trusted lawyer. The Commission also found that the State did not provide any information regarding the measures adopted to mitigate the risk faced by the proposed beneficiary. 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, personal integrity, and health of José Leonardo Urbina Rodriguez;
  2. take the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards in the matter, including: i. guaranteeing access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of his health situation; ii. ensuring access to the treatments and medications required treat his health issues, iii. guaranteeing regular contact and access to his lawyers, and representation;
  3. consult and agree upon the measures to be adopted with the proposed beneficiary and his representation; and
  4. report on the actions undertaken in order to investigate the alleged facts that led to the adoption of this resolution, so as to prevent such events from reoccurring.

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Resolution No. 34/23
PM 304-23 - J.N.S.R., Nicaragua

On June 19, 2023, the IACHR decided to grant precautionary measures in favor of J.N.S.R., after considering that he is in a serious and urgent situation posing a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures alleged that the person identified is vice-president of the 19 April University Movement (MU19A) and has been deprived of liberty since April 4, 2023, at the Judicial Assistance Directorate, incommunicado and without official information regarding his situation, required medical care and medications, and current conditions of detention, despite suffering from a series of health problems. 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, personal integrity, and health of J.N.S.R.;
  2. adopt the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards on this subject, inter alia: i. guaranteeing access to adequate and specialized medical care, and immediately carrying out a specialized medical evaluation of his health; ii. providing the necessary treatments and medications to treat his illnesses; and iii. guaranteeing regular contact with and access to his family members, lawyers, and representatives;
  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 gave rise to the adoption of this resolution, so as to prevent them from reoccurring.

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Resolution No. 20/23
PM 738-22 - D.R.Z., D.A.B.A., A.C.L. and I.C.L., Nicaragua

On April 13, 2023, the IACHR decided to grant precautionary measures in favor of 4 members of the Mayangna indigenous people, who are deprived of their liberty. According to the requesting party, the beneficiaries were sentenced for the Kiwakumbaih Massacre and have been deprived of their liberty since 2021 without receiving adequate and timely medical attention, in unhealthy conditions and being subjected to constant threats from guards and other persons deprived of their liberty. In its analysis, the Commission took into account that the facts presented have been purportedly perpetrated by State officers, which would put the beneficiaries in a special situation of vulnerability. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries, taking into account their status as members of an indigenous people;
  2. adopt the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with the applicable international standards in this area, including the following: 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 health; and iii) granting the necessary treatments and medications to treat their respective illnesses;
  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 facts that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 19/23
PM 214-23 - Rolando José Álvarez Lagos, Nicaragua

On April 13, 2023, the IACHR granted precautionary measures in favor of Rolando José Álvarez Lagos, after 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 alleged that Mr. Álvarez Lagos, who is a priest and bishop of Matagalpa, is being deprived of his liberty in the Jorge Navarro National Penitentiary System known as “La Modelo,” and there is no information from the state authorities about his current situation and current conditions of detention, after being incommunicado since his arrest. It was also pointed out that Mr. Álvarez Lagos suffers from a series of health problems, and there is no information about his current state of health or if he has access to medical care and the necessary medications. Pursuant to Article 25 of its Rules of Procedure, the IACHR requests that Nicaragua:

  1. take the necessary measures to protect the rights to life, personal integrity, and health of Rolando José Álvarez Lagos;
  2. take the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards in the matter, including: i. guaranteeing access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of his health; ii. ensuring access to the treatments and medications required to treat his health issues; and iii. guaranteeing regular contact and access to his family members, his lawyers, and representatives;
  3. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
  4. report on the actions undertaken in order to investigate the alleged facts that led to the adoption of this resolution, so as to prevent such events from reoccurring.

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