IACHR adopts precautionary measures in favour of Kevin Roberto Solís in Nicaragua

April 23, 2021

Washington, D.C.- On April 22, 2021, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 33/21, in which it granted precautionary measures in favour of Kevin Roberto Solís, after considering that he finds himself in a situation of serious and urgent risk of irreparable damage to his rights in Nicaragua.

According to the request, the beneficiary –a university student, social activist and government opponent–, finds himself in a situation of risk in the context of his deprivation of liberty due to beatings received during his detention, as well as an alleged lack of medical attention and his detention conditions.

The Commission requested observations from the State and received information regarding the beneficiary's health and detention conditions, as well as the measures that the State has reportedly adopted in the context of the COVID-19 pandemic to prevent the spread of the virus in the country's prisons. Without prejudice to these actions, the IACHR observed that, despite the fact that the information presented by the applicants indicates that prison officials were allegedly those responsible for subjecting the beneficiary to beatings and threats, the State did not respond to these allegations or report on actions taken to investigate the possible involvement of these actors in them. Therefore, the Commission considered that the rights to life, personal integrity and health of Kevin Roberto Solís are at serious risk.

Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Nicaragua: a) adopt the necessary measures to protect the rights to life, personal integrity and health of Mr. Kevin Roberto Solís; b) ensure that his conditions of detention are compatible with the applicable international standards; c) taking into account the context of the COVID-19 pandemic and the situation of risk to the life, personal integrity and health of the beneficiary as a result of the circumstances of his detention, immediately evaluate the possibility of granting alternative measures to detention, in accordance with the State's domestic legislation and in light of the applicable inter-American standards; and, d) report on the actions taken to investigate the alleged events that gave rise to the adoption of this resolution with the aim of preventing their reoccurrence.

The granting of this precautionary measure and its adoption by the State does not constitute the prejudgment of any petition that may eventually be presented before the inter-American system alleging violations of the rights protected in the American Convention 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. 100/21