Octroie et extensions
On December 30, 2023, the IACHR decided to grant precautionary measures in favor of Kevin Emilio Castillo Prado, Víctor Jobelni Ticay Ruiz, Sergio Catarino Castiblanco Hernández, Jacqueline de Jesús Rodríguez Herrera, JECW, Olesia Auxiliadora Muñoz Pavón, Anielka Lucía García Zapata and Melba Damaris Hernández. According to the applicant, the identified persons were allegedly deprived of their liberty under the same pattern of persecution and criminalization against opponents and critics of the Government of Nicaragua. The identified persons are allegedly being held in inhumane conditions of incarceration, without access to medical attention despite suffering from different health conditions. Therefore, under the terms of Article 25 of the Rules of Procedure, the IACHR requests that the State of Nicaragua:
On December 27, 2023, the IACHR granted precautionary measures in favor of 9 journalists of the Municipality of Algeciras, Huila department, Colombia. It was alleged that they were being subjected to threats and harassment by armed groups, who purportedly carry out acts of violence in the zone. In analyzing the request, the Commission took into account the alleged facts in light of the context it has been monitoring in Colombia and assessed the protection measures that have been implemented over time. However, the Commission considered that the risk has not been duly mitigated, given that the threatening calls and the restrictions on the journalistic work of the proposed beneficiaries have continued. Under the terms of Article 25 of its Rules of Procedure, the IACHR requested that the State of Colombia:
On December 27, 2023, the Inter-American Commission on Human Rights (IACHR) decided to issue a Follow-up, Extension and Partial Lift Resolution with respect to Precautionary Measures 416-13 in favor of Tolupan indigenous members of the Broad Movement for Justice and Dignity (MADJ) in Honduras. In the resolution, the IACHR decided to keep in force the precautionary measures, and to extend them in favor of 61 identified members of the Broad Movement for Justice and Dignity (MADJ) that inhabit the San Francisco Locomapa Tribe, due to their situation of serious and urgent risk as a result of their activities in defense of the environment, land and territory. Similarly, the IACHR decided to lift the precautionary measures in favor of Santos Matute and José Salomón Matute, taking into account that the beneficiaries were killed in 2016 and 2019, respectively. Consequently, in accordance with Article 25 of its Rules of Procedure, the Commission decided as follows: a. Continue to follow up on these precautionary measures in accordance with the terms established in Article 25 of the IACHR Rules of Procedure; b. Lift the precautionary measures granted in favor of Santos Matute and José Salomón Matute; and c. Extend the precautionary measures granted in favor of 61 members of the MADJ that inhabit the San Francisco Locomapa Tribe, requesting their protection under the terms of Resolution 12/2013. d. Implement these precautionary measures considering the applicable ethnic and gender approach, as appropriate.
On December 27, 2023, the IACHR granted precautionary measures in favor of Freddy Antonio Quezada, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures alleged that Mr. Quezada, who is a professor and former lecturer, is deprived of his liberty, and despite suffering from a series of health problems, he does not have access to basic and specialized medical care. In addition, there is not enough information about his current detention conditions, nor does he have contact with his family members. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
On December 27, 2023, the IACHR granted precautionary measures in favor of Abdul Montoya Vivas and his family, 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 he is being deprived of his liberty, and despite suffering from a series of health problems, he does not have access to basic and specialized medical care. In addition, he would be in inadequate conditions of detention and would be subject to reprisals. Moreover, the family members of the proposed beneficiary are being subjected to acts of surveillance and threats by State agents. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
On December 4, 2023, the Inter-American Commission on Human Rights adopted Resolution 73/2023, by which it granted precautionary measures in favor of identified relatives of Daniela Santiago Díaz and Nicolás Aristizábal Gómez regarding Colombia.
According to the request, Daniela Santiago and Nicolás Aristizábal were missing and their families were reportedly receiving threats due to their search actions. After requesting information from the State and receiving additional information from the parties, the Commission regretted and condemned the violent murder of young Daniela Santiago Díaz and Nicolás Aristizábal. The Commission considered that the State is aware, through the denunciations and complaints filed, of the extortion and death threats against the beneficiaries due to the search for the missing youths. The Commission also considered that the lack of information on progress in the investigative processes, as well as the need to reinforce the protection measures in their favor.
Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the Commission requested that the State of Colombia:
On November 20, 2023, the IACHR decided to grant precautionary measures in favor of Ivania Dolores Ríos Lázaro and Silvestre Marlín Domínguez. Ms. Ríos Lázaro, sole trustee of the Municipality of Isla, Veracruz, reportedly received threats and harassment, and her private secretary, Silvestre Marlín Domínguez, reportedly disappeared on September 15, 2023. Despite the actions taken by the State, the IACHR concluded that the rights to life and personal integrity of the beneficiaries were at serious risk due to the imminence of possible harm to the life and integrity of the beneficiaries, and the disappearance of Silvestre Merlín Domínguez. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Mexico:
On November 20, 2023, the IACHR decided to grant precautionary measures in favor of J.C.Z.R. who is reportedly in a situation that places him at risk to his health, life and personal integrity in the context of his deprivation of liberty in Argentina. According to the applicant, Mr. J.C.Z.R. has a right facio-brachio-crural hemiplegia, dysarthria and convulsive syndrome, as a result of a cerebrovascular accident, and does not receive adequate and timely medical attention, with inconsistent outpatient care, interruption in the supply of prescribed medication and essential medical tests for his treatment pending since 2022, as well as accommodation in inadequate conditions of detention, especially in view of his health situation and disability. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Argentina:
The IACHR granted precautionary measures on behalf of E.R.L. after considering that he is in a serious and urgent situation of risk of irreparable harm to his rights in Colombia. The Commission assessed that the State has learned, through different national authorities, the medical situation of the beneficiary, who is 38 years old and was identified as a person with cognitive and motor disabilities because he suffers from motor aphasia, right hemiplegia and epilepsy after suffering a cranioencephalic trauma in 2018. The Commission also considered that his condition as a person with psychosocial and physical disability is relevant when understanding the concrete and particular situation that currently places him at risk in light of the alleged facts. Similarly, the Commission considered that the information available indicates that the beneficiary does not have family support or an adequate and safe space for him to be assisted in his medical condition. To date, the Commission has no information indicating that the health situation in the context of the particular economic, social and family situation of the proposed beneficiary has been addressed or overcome. The Commission requested that Colombia:
On November 20, 2023, the IACHR decided to grant precautionary measures in favor of the identified members of the board of directors of the Association of Displaced Persons of Catatumbo (ASODESCAT) in Colombia. According to the request, the board of directors of the Association has experienced a series of threats and repeated violent acts over time such as assassinations, attacks, and threats, attributed to armed groups. The IACHR highlighted the imminence of the risk, underlining the recent materialization with the assassination of a member of ASODESCAT and the recent attack against the president of the Association. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR requested that the State of Colombia:
The Inter-American Commission on Human Rights (IACHR) decides to issue this follow-up resolution on precautionary measures pursuant to Article 25 of its Rules of Procedure. In the resolution, the IACHR assesses the progress made in the implementation of the precautionary measures and addresses the parties' approaches. Furthermore, the Commission decides to extend the precautionary measures in favor of prosecutor Rafael Ernesto Vela Barba and his family unit. Finally, the Commission decides to continue assessing the situation of the beneficiaries in the terms of Article 25 of the Rules of Procedure, and other applicable procedural and treaty provisions.
The Inter-American Commission on Human Rights (IACHR) decides to issue this Follow-up and Extension resolution on precautionary measures pursuant to Article 25 of its Rules of Procedure. The Commission valued the important protection measures adopted by the State in favor of the beneficiaries and those in favor of whom the extension was granted, along with information on risks related to the progress of the investigation into the murder of Fernando Villavicencio and possible threats and situations presenting a risk that were identified. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, the Commission decided as follows:
a. To continue monitoring the precautionary measures granted in favor of Christian Gustavo Zurita Ron, Andrea González Nader, Ramón Antonio López Cobeña, and Carlos Eduardo Figueroa Figueroa under the terms of Resolution No. 42/2023, along with the provisions of this resolution;
b. To continue implementing the appropriate follow-up measures pursuant to Article 25(10) and other provisions of its Rules of Procedure.
It also requested that the State of Ecuador:
b. Reinforce the measures adopted to protect the rights to life and personal integrity of Verónica Alexandra Sarauz Peñaranda and her children identified in this matter;
c. Consult and agree upon the measures to be taken with the beneficiaries and their representatives; and
d. Report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent them from reoccurring.
On October 27, 2023, the IACHR decided to grant precautionary measures in favor of Triqui indigenous families from the Tierra Blanca Copala Community who are displaced in the neighboring Yosoyuxi Copala community. The requesting party reported multiple acts of violence that allegedly occurred from December 2020 to date, after the displacement of the families of the Community of Tierra Blanca. In August 2023, the Commission was informed that an armed group attacked with firearms displaced persons from Tierra Blanca Copala, refugees in the community of Yosoyuxi Copala, including children and the elderly. The Commission valued the actions taken by the State; however, it observed the ongoing violent actions. In addition, the IACHR noted the impossibility for displaced persons to be able to return safely to their community, with the possible consequences that this situation could have on indigenous families. Consequently, pursuant to Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Mexico:
On October 11, 2023, the IACHR granted precautionary measures in favor of Nancy Elizabeth Henriquez James, after considering that she is in a serious and urgent situation placing her at risk of irreparable harm to her rights in Nicaragua. The request for precautionary measures alleged that Ms. Nancy Elizabeth Henriquez James, who is an indigenous Miskitu, regional deputy for the Autonomous Region of the Northern Caribbean Coast of Nicaragua and president of the organization YATAMA (Yapti Tasba Masraka Nanih Aslatakanka, "Children of Mother Earth United"), has been missing since October 1, 2023, after being arrested by police officers. It is alleged that on the day of her arrest, she was approached by undercover National Police agents at the entrance of a residential home in Managua. Furthermore, the beneficiary was arrested without being informed of the reason for her arrest, nor was she brought before a judge. The Commission also found that the State did not provide any information on the measures adopted to mitigate the risk faced by the beneficiary, or on the actions taken to determine her whereabouts or fate. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
On October 9, 2023, the IACHR granted precautionary measures in favor of Brooklyn Rivera Bryan, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures alleged that Mr. Brooklyn Rivera Bryan, who is an indigenous Miskitu, regional deputy and leader of the YATAMA organization (Yapti Tasba Masraka Nanih Aslatakanka, "Children of Mother Earth United"), has been missing since September 29, 2023 after being arrested by police officers. It is alleged that on the day of his arrest, National Police officers violently broke into the beneficiary's residence located in Bilwi, Northern Caribbean Coast Autonomous Region. The beneficiary was beaten, handcuffed and arrested during the course of the events. Furthermore, the police officers did not present a search warrant or an arrest warrant against Mr. Rivera Bryan. The Commission also found that the State did not provide any information on the measures adopted to mitigate the situation that places the beneficiary at risk, or on the actions taken to determine the whereabouts or fate of the beneficiary. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
On October 9, 2023, the IACHR granted precautionary measures in favor of José Leonardo Urbina Rodriguez, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures alleged that Mr. Urbina Rodriguez, who is a priest from Boaco, is deprived of his liberty in the Jorge Navarro National Penitentiary System known as "La Modelo", and despite suffering from a series of health problems, he does not have access to basic and specialized medical care or the necessary medicines. In addition, there is not enough information about his current detention conditions, nor would he be allowed access to his trusted lawyer. The Commission also found that the State did not provide any information regarding the measures adopted to mitigate the risk faced by the proposed beneficiary. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
On October 6, 2023, the IACHR granted precautionary measures in favor of Luis Esteban Chonillo Breilh, his wife Silvia Cristina Córdova Arteaga, and his son, after considering that they are in a serious and urgent situation presenting a risk due to Mr. Chonillo's performance as mayor of the municipality of Duran, in the province of Guayas, Ecuador. The Commission considered that, given the profile and public position of the proposed beneficiary, he is reportedly being the subject to threats, which have purportedly materialized with an armed attack on May 15, 2023, the date on which he began his term as mayor of Durán. When analyzing the request, the Commission took into account the alleged facts in light of the context it has been monitoring in Ecuador and assessed the protection measures that have been implemented over time in favor of the proposed beneficiary. However, the Commission considered that the risk faced by the proposed beneficiary has not been duly mitigated, given that acts of aggression and violence have continued in recent months against public officials of the municipality of Durán. In addition, the Commission understands that the existing situation of violence has led the proposed beneficiary to be limited in his actions as a public official chosen by popular will. Under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Ecuador:
On October 5, 2023, the IACHR granted precautionary measures in favor of 30 identified members of the Comité Municipal de Defensa de los Bienes Comunes y Públicos de Tocoa (Municipal Committee for the Defense of Common and Public Goods of Tocoa) and the law firm Justicia para los Pueblos (Justice for People), after considering that they are in a serious and urgent situation of risk of irreparable harm to their rights in Honduras. According to the request, the beneficiaries have been subjected to death threats, surveillance, harassment and other acts of violence in recent years, particularly in the context of their work as environmental rights defenders and as legal representatives of the Committee in relation to extractive and mining projects. It is alleged that certain beneficiaries do not have any protection measures in place, and that those who do have protection details in place are not being adequately implemented, allowing the situation of risk to continue and persist. The Commission valued the actions implemented by the State; however, it observed that the situation of vulnerability continues. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Honduras:
On September 17, 2023, the IACHR decided to grant precautionary measures in favor of Jonatan Alberto Palacios Castillo, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Venezuela. The request alleges that the beneficiary is at risk due to the lack of adequate and timely medical attention during preventive detention, despite repeated judicial decisions in his favor.
According to the applicant, the beneficiary is a Colombian citizen and is being held in pretrial detention at the Western Penitentiary Center II, without receiving the adequate and timely medical attention he purportedly requires. The Commission found that, throughout his detention period, several judicial decisions ordering his medical transfer have not been executed. The foregoing, despite the health condition of the proposed beneficiary, which reportedly led to the fact that to date his medical treatment has not been defined according to his medical condition, with pending assessments to be made.
Upon analyzing the available information, the Commission considered that compliance with the requirements contained in Article 25 of its Rules of Procedure was sufficiently justified. Therefore, it requested that Venezuela:
Le 29 août 2023, la CIDH a décidé d'accorder des mesures conservatoires en faveur de Lovely Lamour, après avoir considéré qu'elle se trouvait dans une situation grave et urgente de risque de dommage irréparable pour ses droits en Haïti. La demande allègue que la bénéficiaire proposée est une femme de 18 ans en état de postpartum privée de sa liberté au commissariat de police de Port-au-Prince, sans recevoir les soins médicaux appropriés à son état de vulnérabilité. Selon les informations fournies, la bénéficiaire proposée a été détenue enceinte et n'a reçu aucun type de soins pré et postpartum, bien que l'établissement pénitentiaire et les autorités judiciaires aient été informés qu'elle souffrait d'une infection. En outre, la demande alléguait que le nouveau-né était décédé un mois après avoir passé quinze jours à l'hôpital avec de l'oxygène, séparé de sa mère. Il est allégué que tout ce processus a généré des affectations mentales chez la bénéficiaire proposée, qui ne reçoit pas non plus d'assistance psychologique. Après avoir analysé les informations disponibles, la Commission a estimé que la bénéficiaire proposée serait exposée à une multiplicité de sources de risque susceptibles d'affecter gravement ses droits à la vie, à l'intégrité personnelle et à la santé, raison pour laquelle le respect des exigences énoncées à l'article 25 de son Règlement était suffisamment justifié. Après avoir demandé des informations à l'État, la Commission n'a pas reçu de réponse, les délais ayant expiré. Par conséquent, il est demandé à Haïti :
On August 24, 2023, the IACHR granted precautionary measures in favor of Cesar Bernardo Arévalo de León and Karin Herrera Aguilar, who represent the presidential binomial elected in accordance with the preliminary results of the Supreme Electoral Tribunal, after considering that they are in a serious and urgent situation placing them at risk of irreparable harm to their rights in Guatemala. The request for precautionary measures alleged that Cesar Bernardo Arévalo de León and Karin Herrera Aguilar are purportedly subjected to stigmatization, harassment, stalking, public exposure of their personal information through virtual platforms, as well as threats that include the existence of two plans to attack their lives and integrity, one even notified by prosecutors. The Commission took into account the alleged facts in light of the context it has been monitoring in Guatemala, and assessed the actions implemented by the State. However, it noted with concern the information about at least one possible plan against the life and integrity of the two beneficiaries, which was formally notified by members of the Public Ministry, without information on the actions taken in this regard. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Guatemala:
On August 20, 2023, the IACHR granted precautionary measures in favor of 11 members of Honduran Alternative for Community and Environmental Vindication (ARCAH), after considering that they are in a serious and urgent situation that places them at risk of irreparable harm to their rights in Honduras. The request for precautionary measures alleged that ARCAH members carry out activities in the defense of environmental rights, making complaints about industrial and extractive projects and are allegedly being subject to surveillance, monitoring, intimidation, threats, and other events that place them at risk in the exercise of their work. It is also pointed out that, despite having protection measures in place, these are not being properly implemented, which has allowed for the ongoing and permanent risk to the detriment of the members of ARCAH. Such situations have purportedly remained over time and are said to have increased during 2023. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Honduras:
On August 20, 2023, the IACHR decided to grant precautionary measures in favor of Christian Gustavo Zurita Ron and identified members of his campaign team. According to the request, the proposed beneficiary is a journalist and replaced Fernando Villavicencio, then presidential candidate of the same party, who was assassinated on August 9, 2023. Pursuant to Article 25 of its Rules of Procedure, the Commission requested that the State of Ecuador:
On August 12, 2023, the IACHR decided to grant precautionary measures in favor of A. A. Q. O. and A. L. Q. O. and their family members, in Mexico. The request indicates that the beneficiary family is subject to harassment, threats, and other acts of violence, in relation to A. A. Q. O.'s work as a human rights defender and A. L. Q. O.'s status as a survivor of human trafficking. Pursuant to Article 25 of its Rules of Procedure, the Commission requested that the State of Mexico:
On July 28, 2023, the IACHR decided to grant precautionary measures in favor of David Estiven Fernández Soler. According to the request, the beneficiary is a young social activist and Youth Advisor of the Kennedy district and has been missing since June 7, 2023, to date. The Commission assessed the available information, and noted that, although investigations are being carried out in this regard, so far there is no information on the fate or whereabouts of David Estiven Fernandez Soler. Upon analyzing the request, the Commission was considered that the beneficiary is at imminent risk. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requests that Colombia:
On July 24, 2023, the IACHR decided to grant precautionary measures in favor of Gustavo Andrés Gorriti Ellenbogen. According to the request, the beneficiary is the director of IDL-Reporteros and an investigative journalist, and is reportedly suffering various acts of harassment and threats -including anti-Semitic statements-, in addition to the leaking and dissemination of his personal information on social networks, as part of a stigmatization campaign known as "terruqueo". The Commission valued the information provided by the State; however, it observed the ongoing death threats, despite the existence of permanent patrols and tactical parking at the IDL headquarters and the beneficiary's private home. Therefore, pursuant to Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Peru:
On July 21, 2023, the Inter-American Commission on Human Rights adopted Resolution 41/2023, by which it granted precautionary measures in favor of members of Indigenous Carib Community of Chinese Landing, upon considering that they are in a serious and urgent situation of the rights to life and personal integrity in Guyana. The alleged risks relate to threats, harassment and acts of violence perpetrated against the beneficiaries in the context of their opposition to mining activities carried in their lands. Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Guyana:
On July 20, 2023, the IACHR decided to grant precautionary measures in favor of Franklin Alfredo Caldera Cordero, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Venezuela. The request alleges that the beneficiary is being subjected to acts of persecution and threats as a consequence of his work as a human rights defender and founder of the Victims Committee "Familia S.O.S. Libertad". In particular, it was indicated that the threatening events occurred as a result of public statements and denunciations regarding the situation of political prisoners in Venezuela, specifically his son, a former lieutenant of the Venezuelan Army, who has been deprived of liberty since February 11, 2021, in a cell of the DGCIM in an allegedly arbitrary manner and without receiving the necessary medical attention.
Upon analyzing the available information, the Commission considered that compliance with the requirements contained in Article 25 of its Rules of Procedure was sufficiently justified. Therefore, it requested that Venezuela:
On July 4, 2023, the Inter-American Commission on Human Rights (IACHR) issued Resolution 39/23 granting precautionary measures in favor of Richard Moore. The request indicates that Mr. Moore is at risk given the imminent execution of the death penalty. The applicants also filed a petition alleging violations of the American Declaration of the Rights and Duties of Man. Having analyzed the submissions of fact and law provided, the Commission considers that the information submitted shows prima facie that there is a serious and urgent risk of irreparable harm to Mr. Moore's rights to life and personal integrity in accordance with Article 25 of its Rules of Procedure. Moreover, if Mr. Moore is executed before the Commission has the opportunity to examine the merits of his petition, any eventual decision would be rendered moot, leading to irreparable harm. Consequently, the Commission requests that the United States of America:
On June 24, 2023, the IACHR decided to grant precautionary measures in favor of municipal councilor Mary Yuli González Pérez, in the Bolivarian Republic of Venezuela. According to the request, the proposed beneficiary is at risk as a result of threats, harassment, and acts of violence against her, as a consequence of her work as a council member and her activities as part of the political opposition. Upon analyzing the submissions of fact and law provided in the request, the IACHR considers, from the applicable prima facie standard, that Ms. Mary Yuli González Pérez is in a serious and urgent situation, given that her rights to life and personal integrity face a risk of irreparable harm. Consequently, based on Article 25 of its Rules of Procedure, the Commission requested that the Bolivarian Republic of Venezuela
On June 21, 2023, the Inter-American Commission on Human Rights adopted Resolution 35/2023, through which it granted precautionary measures to girls C.P.R. and J.P.R., upon considering that they are in a serious and urgent situation that may imply irreparable harm to the protection of the family, integrity, and identity of the beneficiaries.
According to the request, the father of C.P.R., 14 years old, and J.P.R., 12 years old, has not been able to have contact with his daughters since 2017, when a restraining order was granted for having been criminally accused of the crime of sexual abuse. Despite having been acquitted in 2018, and repeated requests before the civil judge to reunite the applicant with his daughters, the family allegedly has yet to be reunited.
The State reported on the investigation, the medical examinations carried out by the Forensic Medical Corps on the girls, the study of their situation before, during and after the complaint of sexual abuse, which led to the determination that there was no criminal responsibility of the father, ordering his dismissal since May 2018. It was also reported that the competent Court has been monitoring the situation of the girls, mainly through the evaluation of psychological reports. More recently, in July 2021, the Court reportedly ordered the children to be evaluated in order to know if it was possible to advance in the reunification.
In view of the information provided, the Commission considered that there is sufficient signs to assess that there is no relationship between the father and his daughters at present due, first, to the non-review of the restraining order issued by the competent civil Court in 2017; subsequently, due to the alleged delay in beginning to evaluate a possible reunification and relationship; and, finally, due to a series of alleged obstacles or difficulties which have impacted the father-child relationship leading to the fact that, in practice, there has been no contact between the father and his two daughters for an extended time.
Due to the foregoing, the IACHR considered that this matter meets prima facie the requirements of seriousness, urgency, and irreparable harm set forth in Article 25 of its Rules of Procedure. Consequently, the IACHR requested that Argentina adopt the necessary measures to safeguard the rights of the children C.P.R. and J.P.R. In particular, the State must immediately carry out through the competent authorities, and the relevant specialists, an assessment of the children's current circumstances, and an evaluation of the precautionary and provisional measure issued in October 2017 by the National Civil Court of First Instance No. 87 which determines the lack of contact between the children and their biological father, taking into account current circumstances and their best interests, in accordance with international standards in the matter.
On June 19, 2023, the IACHR decided to grant precautionary measures in favor of J.N.S.R., after considering that he is in a serious and urgent situation posing a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures alleged that the person identified is vice-president of the 19 April University Movement (MU19A) and has been deprived of liberty since April 4, 2023, at the Judicial Assistance Directorate, incommunicado and without official information regarding his situation, required medical care and medications, and current conditions of detention, despite suffering from a series of health problems. Pursuant to Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:
On June 12, 2023, the Inter-American Commission on Human Rights adopted Resolution 33/2023, through which it granted precautionary measures to human rights defenders David Mayorga Osorio and José Luis Moreno Álvarez, members of the Integrated Corporation for the Defense of Human, Social, Political, Cultural, Environmental and Business Rights of Colombia (CORPOINDH), considering that their rights to life and personal integrity are at risk.
The Commission noted that the beneficiaries have been subjected to threats and constraints due to their investigations, complaints and advice to the population victim of the armed conflict and by making visible the illicit activities of different armed groups, which operate in the department of Santander and the Magdalena Medio region. Similarly, the Commission noted that, despite the existence of material protection measures, threatening situtations remain over time, and therefore it considered that the risk has continued and has not been mitigated or disappeared to date. Lastly, the Commission expressed its concern that the events faced by the beneficiaries have led them, for certain temporary moments, to have to completely stop their work of defending human rights with a view to protecting themselves.
Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the Republic of Colombia:
On May 29, 2023, the IACHR granted precautionary measures in favor of Gustavo Enrique Carrero Angarita, upon considering that he is at serious and urgent risk of irreparable harm to his rights in Venezuela. The request for precautionary measures alleges that the proposed beneficiary, who identifies himself as Frigate lieutenant of the National Bolivarian Armed Force, is deprived of his liberty in the National Center for Accused Members of the Military (CENAPROMIL, also known as "Ramo Verde") without receiving the necessary medical attention to his health and in inadequate conditions of detention. Moreover, his situation is reportedly aggravated due to the threats and ill-treatment that he is allegedly receiving from prison officers, after being identified as a "traitor to the homeland" in Venezuela. Having analyzed the information available, the Commission considered that compliance with the requirements contained in Article 25 of its Rules or Procedure was sufficiently supported. Therefore, the IACHR requested that Venezuela:
On May 22, 2023, the IACHR granted precautionary measures in favor of Antonio Julio Scola Lugo, upon considering that he is at serious and urgent risk of irreparable harm to his rights in Venezuela. The request for precautionary measures alleges that the proposed beneficiary, who identifies himself as lieutenant of the Venezuelan Navy, is deprived of his liberty in the National Center for Accused Members of the Military (CENAPROMIL, also known as "Ramo Verde") without receiving the necessary medical attention to his health and in inadequate conditions of detention. Moreover, his situation is reportedly aggravated due to the threats and ill-treatment that he is allegedly receiving from prison officers, after being identified as a "traitor to the homeland" in Venezuela. Having analyzed the information available, the Commission considered that compliance with the requirements contained in Article 25 of its Rules or Procedure was sufficiently supported. Therefore, the IACHR requested that Venezuela:
On May 16, 2023, the IACHR granted precautionary measures in favor of Carlos Gustavo Macsotay Rauseo, upon considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Venezuela. The request for precautionary measures alleges that the beneficiary, who identifies himself as captain of Corvette of the Venezuelan Navy, is deprived of his liberty in the National Center for Accused Members of the Military (CENAPROMIL, also known as "Ramo Verde") without receiving the necessary medical attention to his health and in inadequate conditions of detention. Similarly, his situation is reportedly aggravated due to the threats and ill-treatment that he is allegedly receiving from prison officers, after being identified as a "traitor to the homeland" in Venezuela. Having analyzed the information available, the Commission considered that compliance with the requirements contained in Article 25 of its Rules or Procedure was sufficiently supported. Therefore, the IACHR requested that Venezuela:
a. adopt the necessary measures to protect the rights to life, personal integrity, and health of Carlos Gustavo Macsotay Rauseo. In particular, ensure that he has access to medical treatment, as indicated by the corresponding physicians, and that the authorities prepare a medical report that verifies the beneficiary's current health;
b. take the necessary measures to ensure that the beneficiary's detention conditions are compatible with the applicable international standards;
c. consult and agree upon the measures to be adopted with the beneficiary and his representatives; and
d. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this precautionary measure, so as to prevent such events from reoccurring.
On May 3, 2023, the IACHR decided to grant precautionary measures in favor of Álvaro Alcides Crespo Hernández and his immediate family members. According to the request, the beneficiary is a teacher, member of the Zenú indigenous people and governor of the La Libertad Indigenous Council in the territory of the district of Pica Pica Viejo, municipality of Puerto Libertador, department of Córdoba and would be suffering death threats from illegal armed groups since 2020. The Commission assessed the information provided by the State, however, it noted that the requesting party referred to ongoing death threats and the absence of an assessment of the situation of the proposed beneficiary for the implementation of a suitable protection detail to date. Therefore, pursuant to Article 25 of the Rules of Procedure, the IACHR decided to grant precautionary measures and requested that the State of Colombia:
On April 24, 2023, the IACHR granted precautionary measures in favor of members of the Pataxó Indigenous People located in the Barra Velha and Comexatibá Indigenous Lands in the state of Bahia in Brazil. According to the information received, the beneficiaries are in a situation of risk in the framework of conflicts related to the determination of their territory, having been the object of threats, harassment and acts of violence, including the murder of three young Pataxó men. Consequently, in accordance with Article 25 of the IACHR Rules of Procedure, Brazil is requested:
On April 16, 2023, the IACHR granted precautionary measures in favor of Michael Tisius. The request indicates that Mr. Tisius is at risk given the imminent execution of the death penalty. The applicants also submitted a petition alleging violations of the American Declaration of the Rights and Duties of Man. 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 Mr. Tisius's rights to life and personal integrity, in accordance with Article 25 of its Rules of Procedure. Furthermore, should Mr. Tisius 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:
On April 13, 2023, the IACHR decided to grant precautionary measures in favor of 4 members of the Mayangna indigenous people, who are deprived of their liberty. According to the requesting party, the beneficiaries were sentenced for the Kiwakumbaih Massacre and have been deprived of their liberty since 2021 without receiving adequate and timely medical attention, in unhealthy conditions and being subjected to constant threats from guards and other persons deprived of their liberty. In its analysis, the Commission took into account that the facts presented have been purportedly perpetrated by State officers, which would put the beneficiaries in a special situation of vulnerability. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that Nicaragua:
On April 13, 2023, the IACHR granted precautionary measures in favor of Rolando José Álvarez Lagos, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures alleged that Mr. Álvarez Lagos, who is a priest and bishop of Matagalpa, is being deprived of his liberty in the Jorge Navarro National Penitentiary System known as "La Modelo," and there is no information from the state authorities about his current situation and current conditions of detention, after being incommunicado since his arrest. It was also pointed out that Mr. Álvarez Lagos suffers from a series of health problems, and there is no information about his current state of health or if he has access to medical care and the necessary medications. Pursuant to Article 25 of its Rules of Procedure, the IACHR requests that Nicaragua:
On April 13, 2023, the IACHR granted precautionary measures in favor of Pedro de Jesús Pinto Cabrera and his family, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Honduras. The request for precautionary measures alleges that the proposed beneficiary is a public official of the Forest Conservation Institute and carries out environmental rights defense activities in the municipality of La Labor, in the department of Ocotepeque, in the Guisayote Reserve. Due to his work, the proposed beneficiary is reportedly subject to acts of violence, threats, and intimidation since November 2022. In its analysis, the Commission assessed the protection measures taken by the State. However, the Commission considered that the threatening events are said to be a form of retaliation against the proposed beneficiary's action in the defense of the environment, as well as the serious and ongoing risk, despite the protection measures. Accordingly, under the terms of Article 25 of the Rules of Procedure, the Commission requests that the State of Honduras:
On April 1, 2023, the IACHR decided to grant precautionary measures in favor of seven union leaders of the Civil Society Organization National Trade Union Coalition of Workers (CSNT) in Venezuela. According to the requesting party, the beneficiaries have played a leading role in the convening of demonstrations since 2022, within the framework of the disagreement of public employees with the approval of a technical instruction by the National Budget Office (ONAPRE), for which they are said to be suffering threats, harassment, and surveillance by State agents repeatedly. In its analysis, the Commission took into account that the facts presented have been purportedly perpetrated by State officers, which would put the beneficiaries in a special situation of vulnerability. Consequently, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that Venezuela:
On March 21, 2023, the Inter-American Commission on Human Rights adopted Resolution 12/2023, by which it granted precautionary measures in favor of Juan Carlos Soni Bulos et al., upon considering that they are in a serious and urgent situation of the rights to life and personal integrity in Mexico.
It was alleged that in the context of the safety issues within the Huasteca area, there are violent acts specifically directed against Juan Carlos Soni Bulos, his family members, and close colleagues. This situation has reportedly persisted over time. The Commission assessed the intensification of recent threats, harassment, and/or acts of violence allegedly carried out by organized armed groups, and which have been brought to the attention of the Protection Mechanism. In addition, the Commission considered that, regarding Juan Carlos Soni and three other beneficiaries, the State has maintained protection measures for a period of eight years, regardless of their origin or relationship with the defense of human rights. Moreover, the IACHR assessed the scope of the protection measures implemented by the State, however, they are reportedly not mitigating or reducing the risk factors. Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
On March 6, 2023, the IACHR granted precautionary measures in favor of Hedme Fátima Castro Vargas and her family unit, after considering that they are in a serious and urgent situation posing a risk of irreparable harm to their rights in Honduras. In the request for precautionary measures, it is alleged that Hedme Fátima Castro Vargas, who is a human rights defender and executive director of the Association for Participatory Citizenship (ACI-PARTICIPA), is being subjected to monitoring, surveillance, threats, and other threatening events in the exercise of her duties. In the request, it is also pointed out that despite having current protection measures in place, these are not being adequately implemented nor have corresponding corrective actions been taken to the date, which has allowed the ongoing and permanent threatening situation to the detriment of Ms. Hedme Fátima Castro Vargas and her family members. Therefore, the State of Honduras is requested to:
On February 27, 2023, the IACHR decided to grant precautionary measures in favor of members of the traditional Afro-descendant Quilombola people of the Boa Hora III/Marmorana Quilombola Territory, in the state of Maranhão, in Brazil. According to the request, a landowner invaded part of the territory, tore down the fences of the residents, surrounded the community's plantation areas, and prevented access to the natural source of water used by the community. The above, allegedly with the use of armed men, who would be monitoring and threatening the beneficiaries. The Commission appreciated the information provided by the State; however, it observed that the applicants have referred to the continued presence of armed men in the community, intimidation actions against the beneficiaries, and the absence of collective protection measures adopted by the State. Consequently, under the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Brazil:
On February 6, 2023, the Inter-American Commission on Human Rights adopted Resolution 5/2023, by which it granted precautionary measures in favor of de Liz Patricia Benavides Vargas and her family unit. The IACHR considered the current context of institutional crisis in the country, as well as the investigations she is carrying out as Attorney General.
The Commission also acknowledged and appreciated that the State is providing material protection to the proposed beneficiary and that it has even increased the personnel that make up her security detail within the framework of domestic provisions. However, given the situation raised, these personnel are said to be insufficient, and their increase has been allegedly denied.
Consequently, pursuant to Article 25 of its Rules of Procedure, the IACHR requested that the State of Peru:
On February 6, 2023, the IACHR decided to grant precautionary measures in favor of Guillermo Andrés Mosquera Miranda, Nidia Marcela Montoya, Carlos Mauricio Mosquera Miranda and their families. Guillermo Andrés Mosquera Miranda and his partner, Nidia Marcela Montoya, are teachers in the department of Cauca and peasant social leaders. Carlos Mauricio Mosquera Miranda, was a candidate for the House of Representatives of the legislative elections for the jurisdiction of peace during 2022. According to the request, the beneficiaries have suffered death threats from illegal armed groups, were victims of forced displacement and were subjected to acts of violence. The Commission appreciated the actions taken by the State and the information available; however, it noted that the applicants have referred to the ongoing threats from illegal armed groups and the lack of protective measures taken by the State. Therefore, in the terms of Article 25 of its Rules of Procedure, the IACHR decided to grant the precautionary measure and requested that the State of Colombia:
On January 26, 2023, the Inter-American Commission on Human Rights adopted Resolution 3/2023, through which it granted precautionary measures for the benefit of Pascuala López López and her family unit.
The Commission considered that the existence of a situation entailing a serious risk to the beneficiary's rights to life and personal integrity related to her position regarding the elections of authorities in the ejido Cuxtitalli el Pinar, Chiapas, and on the demands for justice for the murder of her son occurred in February 2020 is sufficiently established, and that the risk events have continued to present themselves against her and her relatives. Additionally, the Commission noted that no substantive progress has been made in sanctioning those who would be responsible for the risk events, which is a relevant aspect when establishing the risk that the beneficiary would face and the likelihood of their recurrence.
Consequently, pursuant to the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
On January 22, 2023, the Inter-American Commission on Human Rights adopted Resolution 2/2023, by which it granted precautionary measures to eleven members of the Jesuit community of Cerocahui, Tarahumara, in the municipality of Urique, Chihuahua, Mexico. The Commission considered that the beneficiaries are prima facie in a situation that places them at serious risk in the face of threats and aggressions, perpetrated by a criminal group, which also prevents the normal development of their pastoral activities and support to the communities of the area. The Commission noted that the situation of the proposed beneficiaries is framed in a context of violence and insecurity that especially affects the inhabitants of the region of Tarahumara, Chihuahua, primarily after the murder of two Jesuit priests on June 20, 2022, inside their own temple. The Commission also observed that there is a context of stigmatization and delegitimization of the proposed beneficiaries after their complaints and actions linked to the investigation into the murder of Jesuit priests, and questions about their position on the security policies of the State.
Consequently, in accordance with the provisions of Article 25 of its Rules of Procedure, the IACHR requested that the State of Mexico:
On January 22, 2023, the IACHR decided to grant precautionary measures in favor of Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia, in Mexico. The request for precautionary measures indicates that since January 15, 2023, the whereabouts or fate of the beneficiaries is unknown. It was also reported that prior to their disappearance, both beneficiaries participated in a communal assembly in Aquila, Michoacán, a community where Ricardo Lagunes provided legal accompaniment and Antonio Díaz is a community leader. Pursuant to Article 25 of its Rules of Procedure, the Commission requested that the State of Mexico: