IACHR Grants Precautionary Measures in Favor of C.A.Z.S. in Venezuela

October 12, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 52/22 on October 9, 2022, to grant precautionary measures in favor of C.A.Z.S. in Venezuela, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights.

The request for these precautionary measures alleges that C.A.Z.S. has been deprived of liberty since March 2020, at the headquarters of the CICPC scientific, forensic, and criminal investigations institute in the Plaza de Toros area of the city of Valencia. The proposed beneficiary has been living with HIV since 2012 and has not had access to the antiretroviral medication he needs for his condition since he was arrested. The State did not provide any information on this matter.

After assessing this case, the IACHR notes that, despite seven court decisions having been issued over the period 2020–2022 asking that the beneficiary be transferred to a hospital so his health condition can be assessed and he can get the medical care he needs, C.A.Z.S. has not been granted access to the required medication. The IACHR considered that, in principle, based on the standards that are applicable prima facie, on Article 25 of the Commission's Rules of Procedure, and on the contents of the Inter-American Convention to Prevent and Punish Torture, the life, personal integrity, and health of C.A.Z.S. face serious risks, considering the nature of HIV and its potential consequences for health.

Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission granted these precautionary measures and asked the State of Venezuela to take the following action:

1. Adopt any measures necessary to protect the rights to life, humane treatment, and health of C.A.Z.S. (in particular, by taking immediate measures that grant him access to medical treatment, including necessary medication as prescribed by the relevant healthcare professionals, and to diagnoses and examinations that make it possible to regularly assess his condition, in line with the applicable international standards)
2. Come to an agreement with the beneficiary and his representatives concerning any measures that need to be taken
3. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

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. 228/22

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