IACHR Grants Precautionary Measures in Favor of Oscar René Vargas Escobar in Nicaragua

December 28, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 76/22 on December 26, 2022, to grant precautionary measures in favor of Oscar René Vargas Escobar in Nicaragua, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights.

According to the party who requested these precautionary measures, Vargas Escobar is a cofounder of the Sandinista National Liberation Front (FSLN), a political dissident, and a critic of Nicaragua's current government. The proposed beneficiary was arrested on November 22, 2022, and is being held at the facility operated by the Judicial Support Department known as Nuevo Chipote. In keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua for information but did not receive an answer.

After assessing the legal and factual allegations made by the organization who requested these precautionary measures, the IACHR noted that the proposed beneficiary is allegedly being deprived of adequate and timely medical care, although he is particularly vulnerable given that he is an older person (aged 76) and has pre-existing health issues. Further, his family has not been provided information concerning his current conditions of detention or the state of his health. The IACHR therefore found that Vargas Escobar's life, personal integrity, and health are seriously at risk.

1. Consequently, in keeping with Article 25 of its Rules of Procedure, the Commission granted these precautionary measures and asked the State of Nicaragua to take the following action: (a) Adopt any measures necessary to protect Vargas Escobar's rights to life, personal integrity, and health, considering that he is an older person
2. Adopt any measures necessary to ensure that the beneficiary's conditions of detention reflect the applicable international standards and include the following actions: (i) ensuring that he is not subjected to threats, intimidation, harassment, or physical violence within penitentiary facilities; (ii) immediately conducting a specialist medical examination of his current health condition, so he receives adequate specialized care; (iii) providing the beneficiary with the treatment and medication he needs to address his health issues; and (iv) considering alternatives to deprivation of liberty, given the beneficiary's conditions of detention and the state of his health
3. Come to an agreement with the beneficiary and his representatives concerning any measures that need to be taken
4. 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. 286/22

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