Mesures Conservatoires

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.

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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.

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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.

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