IACHR Grants Precautionary Protection Measures in Favor of José Alejandro Quintanilla Hernández and His Immediate Family in Nicaragua

June 23, 2022

Washington, D.C. — On June 22, 2022, the Inter-American Commission on Human Rights (IACHR) issued Resolution 27/22, through which it granted precautionary protection measures in favor of José Alejandro Quintanilla Hernández and his immediate family in Nicaragua, whom it deems to be at serious, urgent risk of suffering irreparable harm to his human rights.

According to the petitioner, Mr. Quintanilla Hernández has been identified or is perceived as being an opponent of the current government. He has been deprived of his freedom since August 2021 and has not received medical attention. It was reported that he is being held in a small cell and is being subjected to mistreatment and constant interrogations despite having already been sentenced. Likewise, his family have had difficulty visiting him and obtaining information about his state of health and have been harassed by prison authorities. Under the terms of Article 25 of its Rules of Procedure, the IACHR requested information from the State of Nicaragua but has not received a response.

After analyzing the allegations of fact and law provided by the parties, the IACHR observed that José Quintanilla is being held in conditions of detention that contravene human dignity and has not received the medical attention he requires. Likewise, the petitioners have not received a response to the request submitted by their attorney regarding José Quintanilla's transfer to a penitentiary, which is relevant as he was sentenced in March 2022.

Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR decided to grant precautionary measures and requested that the State of Nicaragua:

1. take the necessary measures to guarantee the rights to life, personal integrity, and health of Miguel Ángel Mendoza Urbina and his immediate family;
2. ensure that his conditions of detention are compatible with applicable international standards on the matter, including: i. allowing him to have regular contact with his relatives and defense attorneys; ii. ensuring that his current health status is evaluated through an impartial, specialized medical assessment, taking into account the fact that his life, personal integrity, and health are at risk; iii. ensuring that any treatments and medications that the proposed beneficiary is prescribed by competent medical professionals are provided;
3. agree on any measures to be adopted with the beneficiary and his representatives; and
4. report on the actions it implements to investigate the alleged events that led to the adoption of this resolution so as to prevent them from being repeated.

The fact that this precautionary measure has been granted and its adoption by the State does not entail a prejudgment on any petition that may eventually be filed before the inter-American system to allege that the rights protected by the American Convention and other applicable instruments have been violated.

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. 143/22

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