IACHR Grants Precautionary Measures in Favor of José Peraza Collado, Roger Reyes Barrera, and Irving Larios Sánchez in Nicaragua

June 22, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 26/2022 on June 20, 2022, to grant precautionary measures in favor of José Antonio Peraza Collado, Roger Abel Reyes Barrera, Irving Isidro Larios Sánchez, and their families in Nicaragua, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.

The party who requested these precautionary measures said that the proposed beneficiaries had been identified as government critics and that they were deprived of liberty at the facilities operated by the Judicial Support Department (DAJ, by its Spanish acronym) known as Nuevo Chipote, in inadequate conditions and without the medical care they required. The proposed beneficiaries had also allegedly been subjected to intimidation and harassment including constant interrogation, confiscation of their personal belongings, transfers to punishment cells, and the use of stigmatizing language. Their families had reportedly been subjected to surveillance and intimidation. The State failed to provide information to 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 José Antonio Peraza Collado, Roger Abel Reyes Barrera, Irving Isidro Larios Sánchez, and their families were at risk. The attacks cited in the request for these precautionary measures allegedly persisted and were likely to get worse, 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, humane treatment, and health of the proposed beneficiaries
2. Adopt any measures necessary to ensure that conditions of detention for the proposed beneficiaries reflect the applicable international standards and include the following actions: (i) ensuring that they are not subjected to threats, intimidation, harassment, or physical violence within penitentiary facilities; (ii) immediately conducting a specialist medical examination of the current health condition of each one of the beneficiaries, so they receive adequate specialized care; and (iii) providing the proposed beneficiaries with the treatment and medication they need to address their health issues
3. Come to an agreement with the proposed beneficiaries and their representatives concerning any measures that need to be taken
4. 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 these precautionary measures have been granted and their 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. 141/22

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