2019
Resolution No. 17/19
PM 250-19 - Luis Carlos Díaz and his family, Venezuela
On March 29, 2019, the IACHR decided to grant precautionary measures in favor of Luis Carlos Díaz and his family in Venezuela. The request for precautionary measures alleges that Luis Carlos Díaz was deprived of his liberty on March 11, 2019 and was held for several hours in an unknown place, where he was the object of aggressions and threats by State agents. Allegedly, he is currently not deprived of his liberty, but he is subject to a regime of presentation, accused of having responsibility in the national blackout in Venezuela. This is based on statements given by Luis Carlos Díaz in exercise of his freedom of expression. After analysing the factual and legal allegations made by the parties, the Commission considers that, in principle, Luis Carlos Díaz and his family are in a situation of gravity and urgency, since their rights to life and integrity face an irreparable risk of harm. Therefore, based on Article 25 of its Rules of Procedure, the Commission requests the State of Venezuela to adopt the necessary measures to protect the rights to life and personal integrity and to guarantee the safety of Luis Carlos Díaz and his family in accordance with the standards established by international human rights law; to adopt the necessary measures so that the proposed beneficiary can develop his journalistic activities, exercising his right to freedom of expression, without being the object of acts of intimidation, threats and harassment; to agree on the measures to be adopted with the beneficiary and his representatives; and to report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of the present precautionary measure and thus avoid its repetition.
Resolution No. 14/19
PM 178-19 - Persons (military and civilians) detained in the General Directorate of Military Counterintelligence DGCIM, Venezuela
On March 21, 2019, the IACHR decided to grant precautionary measures in favor of persons detained in the facilities of the General Directorate of Military Counterintelligence (Dirección General de Contrainteligencia Militar, DGCIM), located in La Boleita, Municipality of Sucre, Caracas, Venezuela. The request for precautionary measures alleges that these persons are alleged victims of acts of violence by the authorities in charge of the Division. After analyzing the legal and factual allegations made by the applicant, the Commission considers that, in principle, the proposed beneficiaries are in a situation of seriousness and urgency, since their rights to life, integrity and health face a risk of irreparable harm. Consequently, on the basis of Article 25 of its Rules of Procedure, the Commission requests the State of Venezuela to adopt the necessary measures to protect the rights to life, personal integrity and health of persons deprived of their liberty in the General Directorate of Military Counterintelligence. In particular, the State must ensure that its agents respect the rights of the beneficiaries in accordance with the standards established by international human rights law, refraining from any form of torture or inhuman, cruel and degrading treatment; and it must facilitate access to adequate medical treatment for persons deprived of their liberty who so require, as a result of their health condition and in accordance with applicable international standards. The IACHR also requested the State to ensure that the conditions of detention of the beneficiaries comply with applicable international standards. Furthermore, in order to verify the circumstances in which the beneficiaries find themselves, the State should facilitate access to their legal representatives and family visits in accordance with applicable standards.
Resolution No. 13/19
PM 150-19 - Concepción Palacios Maternity Hospital, Venezuela
On March 18, 2019, the IACHR decided to grant precautionary measures in favor of women patients in the delivery rooms and emergency area, as well as newborns in the neonatal area of the Concepción Palacios Maternity Hospital in Venezuela. The request for precautionary measures alleges that the proposed beneficiaries are at serious risk due to medical complications arising from lack of access to adequate medical treatment as a result of an alleged shortage of supplies and other structural deficiencies, as well as exposure to other sources of risk, such as unhealthy conditions and insufficient nutritional supplies, among others. After analyzing the legal and factual allegations made by the applicants, the Commission considers that the women patients in the delivery rooms and emergency area, as well as the newborns in the neonatology area of the Concepción Palacios Maternity Hospital, are in a situation of seriousness and urgency, since their rights are at risk of irreparable harm. Accordingly, on the basis of article 25 of its Rules of Procedure, the Commission requested Venezuela to adopt the necessary measures to guarantee the life, personal integrity and health of the beneficiaries; to agree on the measures to be adopted with the beneficiaries and their representatives, taking into account the opinion of specialists, professionals and personnel who provide services at the Hospital; and to report on the measures adopted to investigate the alleged facts that led to the adoption of this resolution and thus avoid its repetition; in particular, with respect to the alleged death of newborn babies at the Hospital.
Resolution No. 10/19
PM 102-19 - Luis Alejandro Mogollón Velásquez, Venezuela
On March 7, 2019, the IACHR decided to grant precautionary measures in favor of Luis Alejandro Mogollón Velásquez, in Venezuela. The request for precautionary measures alleges that the proposed beneficiary, Lieutenant of the Venezuelan Armed Forces, has been deprived of his liberty since March 29, 2017 at the Ramo Verde national center for military defendants, accused of the crimes of rebellion, instigation of rebellion, and treason. According to the request, the proposed beneficiary, among other diseases and ailments (such as cranial trauma, epidural cranial fracture and myocardial infarction caused by the impact of having been thrown from a vehicle in a transfer on November 30, 2017), allegedly has Hodking's Lymphoma (type of cancer). He is allegedly in a delicate health situation, for which he allegedly did not receive medical attention since December 14, 2017. The applicants added that the authorities had attacked the proposed beneficiary on 25 January 2019 and denied him access to food and water for an extended period of time. In addition, on February 7, 2019, a judge ordered an "exhaustive review to corroborate whether Luis Alejandro Mogollón Velásquez was actually presenting all these illnesses," but this diligence had not been carried out. After requesting information from the State, according to Article 25.5 of the Regulations, the Commission requested Venezuela to adopt the necessary measures to protect the rights to life, personal integrity and health of Mr. Luis Alejandro Mogollón Velásquez; to adopt the measures that make possible the adequate medical treatment of the proposed beneficiary, taking into account his health condition, in accordance with applicable international standards; and to report on the actions taken in order to investigate the alleged facts that gave rise to the adoption of the present precautionary measure and thus avoid its repetition.
Resolution No. 8/19
PM 83-19 - Luis Alexander Bandres Figueroa, Venezuela
On February 28, 2019, the IACHR decided to grant precautionary measures in favor of Luis Alexander Bandres Figueroa in Venezuela. The request for precautionary measures alleges that Luis Alexander Bandres Figueroa, a sergeant major of the Bolivarian National Guard, is being deprived of his liberty since January 21, 2019 at the headquarters of the General Department of Military Counterintelligence (DGCIM, by its Spanish acronym), where his rights to life and personal integrity are allegedly at risk. After assessing the legal and factual allegations of the requesting party, the Commission considers, in principle, that the proposed beneficiary faces a situation of grave and urgent risk, since his rights risk suffering irreparable damage. Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asks the State of Venezuela to take the following measures:
- adopt any measures necessary to protect the rights to life and personal integrity of Luis Alexander Bandres Figueroa;
- take any measures necessary to ensure that the beneficiary’s conditions of detention comply with the applicable international standards;
- report on any actions taken to investigate the alleged events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.
Resolution No. 7/19
PM 181-19 - Indigenous persons of the Pemon ethnic group in the San Francisco de Yuruaní or "Kumaracapay" community and one other, Venezuela
On February 28, 2019, the IACHR decided to grant precautionary measures in favor of indigenous persons of the Pemon ethnic group in the San Francisco de Yuruaní or "Kumaracapay" community and of indigenous rights defender Olnar Ortiz, in Venezuela. The request for precautionary measures alleges that indigenous persons who live in San Francisco de Yuruaní (also known by the indigenous name "Kumaracapay") in the Gran Sabana municipality of the state of Bolívar, who belong to the Pemon ethnic group, and Bare indigenous rights defender Olnar Ortiz are at risk after they took part in events at the Venezuelan-Brazilian border on February 22-23, 2019, in connection with efforts to get humanitarian aid into Venezuela. According to the allegations, the proposed beneficiaries were subjected to various acts of violence, allegedly as a consequence of an excessive use of force by officers of the State and of attacks by groups that the requesting party calls "colectivos." After assessing the legal and factual allegations of the requesting party, the Commission considers, in principle, that the proposed beneficiaries face a situation of grave and urgent risk, since their rights risk suffering irreparable damage. Consequently, in keeping with Article 25 of the its Rules of Procedure, the Commission asks the State of Venezuela to adopt any measures necessary to protect the rights to life and personal integrity and to preserve the safety of indigenous persons of the Pemon ethnic group in the San Francisco de Yuruaní or "Kumaracapay" community, as well as of Bare indigenous rights defender Olnar Ortiz. Among such measures, the Commission asks the State of Venezuela to ensure that its officers respect beneficiaries’ rights and refrain from using force in any way incompatible with the applicable international standards; and to protect beneficiaries’ rights from likely events that might be perpetrated by third parties in the current context. In particular, the IACHR asks Venezuela to implement culturally appropriate security measures to prevent risky events that might otherwise be perpetrated by third parties that the requesting party calls "colectivos." Further, the Commission asks Venezuela to implement protection measures for the families of Pemon indigenous persons killed on February 22-23, 2019, and to provide adequate medical assistance to Pemon indigenous persons in the community who were injured in the area on February 22-23, 2019. Finally, the IACHR asks the State to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken and to report on any actions adopted to investigate the alleged events that gave rise to the adoption of this precautionary measure, in order to prevent such events from happening again in the future..
Resolution No. 3/19
PM 115-19 - Oswaldo García Palomo and others, Venezuela
On February 19, 2019, the IACHR decided to grant precautionary measures in favor of Oswaldo García Palomo, José Romel Acevedo Montañez, Alberto José Salazar Cabañas, Miguel Ambrosio Palacio Salcedo and José Labichela Barrios in Venezuela. The request for precautionary measures alleges that the proposed beneficiaries are being deprived of their liberty at the headquarters of the General Department of Military Counterintelligence (DGCIM, by its Spanish acronym), where their rights to life and personal integrity are allegedly at risk. After assessing the legal and factual allegations of the requesting party, the Commission considers, in principle, that the proposed beneficiaries face a situation of grave and urgent risk, since their rights risk suffering irreparable damage. Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asks the Venezuelan State to adopt any measures necessary to protect the rights to life, health and personal integrity of Oswaldo García Palomo, José Romel Acevedo Montañez, Alberto José Salazar Cabañas, Miguel Ambrosio Palacio Salcedo and José Labichela Barrios. In particular, the IACHR notes that any protection measures taken by the Venezuelan State should ensure both that its officers respect beneficiaries’ rights and that beneficiaries have access to adequate medical care, considering their health conditions and the recommendations of the relevant specialists.
Resolution No. 1/19
PM 70-19 - Juan Gerardo Guaidó Márquez and his family, Venezuela
On January 25, 2019, the IACHR decided to grant precautionary measures in favor of Juan Gerardo Guaidó Márquez and his family in Venezuela. The request for precautionary measures alleges that the proposed beneficiary, his wife Fabiana Rosales and their daughter face a serious, urgent risk of suffering irreparable damage to their rights in the current context in the State of Venezuela. After assessing the legal and factual allegations, the Commission considers it proved prima facie that Juan Gerardo Guaidó Márquez and his family face a situation of grave and urgent risk, since their rights to life and personal integrity risk suffering irreparable damage. Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission asks the State of Venezuela to take any measures necessary to protect the rights to life and personal integrity and to preserve the safety of Juan Gerardo Guaidó and his family, in compliance with the standards of international human rights law (including protecting those persons’ rights with relation to dangerous acts that might be perpetrated by third parties); to come to an agreement with the beneficiary and his representatives regarding any measures that need to be taken; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.