Mesures Conservatoires

Résolution No. 7/24
MC 95-24 - Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, Nicaragua

On March 1, 2024, the IACHR granted precautionary measures in favor of Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, who are identified or perceived as political opponents of the current Nicaraguan government, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleged that the beneficiaries are deprived of their liberty in different prisons and despite suffering from a series of health problems, they do not have access to the necessary medical attention or medicines. In addition, they are reportedly being held in inadequate conditions of detention and are being subjected to aggression by prison officials. The Commission also found that the State did not provide any information regarding the measures adopted to mitigate the risk faced by the beneficiaries. In accordance with Article 25 of the Rules of Procedure, the Commission requests Nicaragua to:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano;
  2. adopt the necessary measures to ensure that the beneficiaries' detention conditions are compatible with the applicable international standards on the matter, including: i. guarantee that they are not subjected to threats, intimidation, harassment, or aggression inside the prison; ii. guarantee access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of their health; iii. provide the necessary treatments and medications to treat their health issues; iv. guarantee regular contact and access to their family and legal representatives, and v. evaluate the possibility of granting alternative measures to imprisonment given the impossibility of protecting their rights in light of the current detention conditions;
  3. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
  4. report on the actions taken in order to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.

lire la résolution

Résolution No. 6/24
MC 1028-23 - Brenda Evers Andrew, États-Unis

On February 26, 2024, the IACHR granted precautionary measures in favor of Brenda Evers Andrew. The request indicates that Ms. Andrew is at risk given the imminent execution of the death penalty. The applicants also submitted a petition alleging violation of several articles of the American Declaration of the Rights and Duties of Man: due process, right to equality before law, right to a fair trial and adequate defense. In particular, the applicants alleged that her trial was loaded with gender-based stereotypes and a discriminatory narrative. For its part, the State reported that it forwarded the request for precautionary measures to the Attorney General of the state of Oklahoma and reaffirmed its position that the Commission lacks authority to require States to take precautionary measures.

Upon analyzing the submissions of fact and law offered, the Commission considers that the information presented shows prima facie that there is a serious and urgent risk of irreparable harm to Ms. Andrew's rights to life and personal integrity, in accordance with Article 25 of its Rules of Procedure. Furthermore, should Ms. Andrew be executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be irrelevant and would cause irreparable harm. Accordingly, the Commission requests that the United States of America:

  1. adopt the necessary measures to protect the life and personal integrity of Ms. Brenda Evers Andrew; and
  2. refrain from carrying out the death penalty on Ms. Brenda Evers Andrew until the IACHR has had the opportunity to reach a decision on her petition.

lire la résolution

Résolution No. 3/24
MC 999-23 - Juan Carlos Hollman, Argentine

On January 12, 2024, the IACHR decided to grant precautionary measures in favor of Juan Carlos Hollman, who suffers from colon cancer and does not receive timely and adequate medical attention while in detention in Argentina. According to the applicant, Mr. Hollman has not been receiving cancer treatment for more than 23 months and has a prescription for a pending surgery. Although there are judicial decisions determining the provision of the prescribed medical care, he indicated that there are delays in the granting of medical appointments and appointments for examinations, as well as missed appointments due to lack of transportation. Considering the position of special guarantor of the State in relation to the persons under its custody and that the passage of time without receiving prescribed medical treatment may lead to a worsening of their health situation, and eventually, the death of the patient, the IACHR decided to grant precautionary measures under the terms of Article 25 of its Rules of Procedure. Therefore, it requested that Argentina:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Mr. Juan Carlos Hollman. In particular, provide the prescribed medical treatment in a timely and appropriate manner;
  2. consult and agree upon the measures to be adopted with the beneficiary and his representative; and
  3. report on the actions taken in order to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.

lire la résolution

Résolution No. 2/24
MC 4-24 - Leyla Susana Lemus Arriaga, Guatemala

On January 13, 2024, the Inter-American Commission on Human Rights (IACHR) decided to grant precautionary measures in favor of the sitting Justice of the Constitutional Court, Leyla Susana Lemus Arriaga, after considering that she is in a serious and urgent situation presenting a risk of irreparable harm to her rights in Guatemala. The request for precautionary measures alleged that on December 11, 2023, the National Civil Police (PNC) patrol car located in front of the beneficiary's home was set on fire by third parties and that this incident was related to her work as a Justice. The Commission considered that the events of December 11, 2023, occurred when PNC agents were not providing protection to the proposed beneficiary, due to her reassignment by orders of the institution itself and despite the protection detail determined by the State itself. Similarly, the Commission considered that the change in the said security detail was carried out in an uncoordinated manner with the proposed beneficiary and that the State did not designate replacement agents to continue with its proper implementation. Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the Commission requested that the State of Guatemala:

  1. adopt the necessary measures to protect the rights to life and personal integrity of Leyla Susana Lemus Arriaga;
  2. adopt the necessary measures to ensure that the beneficiary can carry out her duties as a justice in safe conditions;
  3. consult and agree upon the measures to be adopted with the beneficiary and her representatives; and
  4. report on the actions taken to investigate the alleged facts that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.

lire la résolution

Résolution No. 1/24
MC 1088-23 - Irma Elizabeth Palencia Orellana, Guatemala

On January 13, 2024, the IACHR granted precautionary measures in favor of Irma Elizabeth Palencia Orellana after considering that she is in a serious and urgent situation presenting a risk of irreparable harm to her rights in Guatemala. According to the request, Ms. Palencia Orellana, in her capacity as a sitting justice of the Supreme Electoral Tribunal of Guatemala (TSE), is being followed, monitored, threatened, and subjected to other events placing her at risk in the exercise of her position, given the current context of the country. Therefore, based on Article 25 of its Rules of Procedure, the Commission requests that the State of Guatemala:

  1. adopt the necessary measures to guarantee the rights to life and personal integrity of Irma Elizabeth Palencia Orellana;
  2. take the necessary measures to ensure that Irma Elizabeth Palencia Orellana can continue to perform her duties as a sitting justice of the Supreme Electoral Tribunal of Guatemala without being subjected to threats, intimidation, harassment, or acts of violence;
  3. consult and agree upon the measures to be implemented with the beneficiary and her representatives; and
  4. report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring.

lire la résolution