IACHR Grants Precautionary Protection Measures in Favor of E.A.G.A. and His Immediate Family in Nicaragua

November 17, 2022

Washington, DC—On June 26, 2022, the Inter-American Commission on Human Rights (IACHR) issued Resolution 58/22, through which it granted precautionary protection measures in favor of E.A.G.A. and his immediate family in Nicaragua, whom it deems to be at serious, urgent risk of suffering irreparable harm to their human rights.

According to the petitioning party, E.A.G.A. has been identified as being part of the opposition to the current government due to his role as a leader in social organizations that have been deemed responsible for financing civic protests, and as a defense lawyer for people who have been deemed political prisoners. As a consequence, the proposed beneficiary is in a situation of risk as he has been the target of threats, harassment, and surveillance by state and parastate agents since 2018. 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 de facto and de jure allegations made by the petitioner organization, the IACHR observed that E.A.G.A. finds himself in an ongoing situation of risk that has intensified since January 2022. It underlined the constant surveillance of his home and daily activities by armed individuals, especially in relation to his work as a lawyer defending so-called political prisoners. As a consequence, the IACHR deemed the lives and personal integrity of E.A.G.A. and his immediate family to be at grave risk.

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. adopt the necessary measures to protect the rights to life and personal integrity of E.A.G.A. and his immediate family. To that end, the State must guarantee that its agents respect the beneficiaries' rights while also protecting their rights in relation to third-party risk, in accordance with the standards established by international human rights law;
2. adopt immediate measures that provide the beneficiary security and enable him to continue his work providing legal defense for people who have been detained in Nicaragua;
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. 259/22

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