Mesures Conservatoires
Résolution No. 47/19
MC 458-19 - Guyraroká community of the Guarani Kaiowá Indigenous People, Brésil
On September 29th, 2019 the Inter-American Commission on Human Rights granted precautionary measures in favor of the member of the Guyraroká community of the Guarani Kaiowá Indigenous People. According to the request, the proposed beneficiaries are at risk after being subject to threats, harassment, and acts of violence allegedly by landowners in the context of a dispute over land ownership. After analyzing the factual and legal allegations submitted by the applicant, the Commission considers that the information proves prima facie that the families of the Guyraroká community of the Guarani Kaiowá indigenous people are in a situation of seriousness and urgency as their rights to life and personal integrity are at serious risk. Consequently, pursuant to Article 25 of its Rules of Procedure, the Commission requests that the State of Brazil
- adopt the necessary measures to protect the rights to life and personal integrity of the members of the Guyraroká community of the Guarani Kaiowá indigenous people and to prevent acts of violence by third parties;
- adopt culturally-appropriate measures to protect the life and personal integrity of the Guyraroká community of the Guarani Kaiowá indigenous people by implementing, for instance, actions aimed at improving health and food conditions, as well as guaranteeing access to drinking water, among others;
- consult and agree upon the measures to be taken with the people proposed as beneficiaries and their representatives; and
- report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure in order to prevent their repetition.
Résolution No. 40/19
MC 379-19 - Penitenciaría Evaristo de Moraes, Brésil
On August 7, 2019, the IACHR decided to grant precautionary measures in favor of the persons deprived of liberty at the Penitentiary Evaristo de Moraes, in Brasil. The applicants, members of the Rio de Janeiro State Public Defender’s Office, claimed that the proposed beneficiaries faced serious detention conditions and a lack of appropriate medical attention. Moreover, they alleged that tens of deaths were registered during these past years, with more than five cases in 2019, while their causes are still not fully determined; in addition, they indicated that the establishment showed high overcrowding, reaching even more than 250% of its capacity. After analyzing the factual and legal arguments put forward by the parties, the Commission considers that the information submitted prima facie shows that the proposed beneficiaries face a situation of seriousness and urgency, since their rights to life, personal integrity and health are in serious risk. Consequently, according to Article 25 of the Rules of Procedure, the Commission requested Brazil to:
- adopt the necessary measures to preserve the lives, personal integrity, and health of the persons detained in the Evaristo de Morães Detention Facilities;
- adopt immediate actions to substantially reduce overcrowding inside the detention facilities in accordance to international standards;
- provide adequate hygiene conditions inside the facilities, access to drinkable water, and adequate medical care for the detainees, according to the illnesses they have;
- adopt the necessary measures to have contingency plans in case of an emergency;
- consult upon the measures to be adopted with the beneficiaries and their representatives; e
- provide information regarding the actions taken to investigate the alleged acts that caused the adoptions of the present precautionary measure and, in this way, avoid its repetition.
Résolution No. 11/19
MC 1450-18 - Julio Renato Lancellotti and Daniel Guerra Feitosa, Brésil
On March 8, 2019, the IACHR decided to grant precautionary measures in favor of Julio Renato Lancellotti and Daniel Guerra Feitosa, in Brazil. The request for precautionary measures alleges that the proposed beneficiaries are allegedly at risk after receiving a series of threats and harassment allegedly related to their work with homeless persons. Through multiple statements of discredit and stigmatization, a climate of animosity was formed, fundamentally against the proposed beneficiary Julio Lancellotti, fostered by the widespread idea that the work of human rights defenders would stimulate the presence of street dwellers. After analysing the factual and legal allegations made by the parties, the Commission considers that the information presented demonstrates, in principle, that Julio Renato Lancellotti and Daniel Guerra Feitosa are in a situation of seriousness and urgency, since their rights to life and personal integrity are at serious risk. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested Brazil to adopt the necessary measures to protect the rights to life and personal integrity of Julio Renato Lancellotti and Daniel Guerra Feitosa; adopt the necessary measures to guarantee that Julio Renato Lancellotti can continue to carry out his work as a human rights defender without being the object of threats, harassment or acts of violence in the exercise of those rights; agree on the measures to be adopted with the beneficiaries; and report on the actions implemented to investigate the facts that gave rise to the adoption of the present precautionary measure and thus avoid its repetition.