IACHR Grants Precautionary Measures in Favor of William Alfredo Balmaceda Ubieta and His Family in Nicaragua

March 31, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 7/2022 on February 8, 2022, to grant precautionary measures in favor of William Alfredo Balmaceda Ubieta and his family in Nicaragua, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.

According to the party who requested these precautionary measures, the proposed beneficiary—described as a critic of Nicaragua's current government—is allegedly being subjected to threats, harassment, and constant surveillance by officers of the State and by para-State agents whose attacks have increased over time. The party who requested these precautionary measures further alleged that the proposed beneficiary had been detained several times by the authorities in recent years and had been subjected to threats, unlawful interrogation, and other attacks during those detentions. The information provided by the State did not prove that the risk factors that had been identified had been adequately mitigated.

After assessing the legal and factual allegations made by the parties, the IACHR considered that William Alfredo Balmaceda Ubieta and his family are at risk. The attacks cited in the request for these precautionary measures have allegedly increased since April 2018 and are likely to continue to become worse over time, given the current context in Nicaragua. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua to take the following action:

1. Adopt any measures necessary to protect the rights to life and personal integrity of William Alfredo Balmaceda Ubieta and his family (to that end, the State needs both to ensure that its officers will respect beneficiaries' lives and personal integrity and to protect these persons' rights from dangerous acts that may be perpetrated by third parties, in compliance with the standards of international human rights law)
2. Come to an agreement with beneficiaries and their representatives concerning any measures that need to be taken
3. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of this precautionary measure, in order to prevent such events from happening again in the future

The fact that this precautionary measure has been granted and its adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights 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. 069/22

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