IACHR Requests from Inter-American Court of Human Rights An Extension of Provisional Measures in Favor of 25 Individuals Who Are Deprived of Liberty in Nicaragua

June 20, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) asked the Inter-American Court of Human Rights on June 20, 2024, to extend provisional measures in the case Juan Sebastián Chamorro et al., to include 25 individuals who are being deprived of liberty in Nicaragua and face an extremely serious and urgent risk of suffering irreparable harm to their rights.

The Inter-American Commission granted precautionary measures in favor of these 25 individuals after noting that they met the relevant seriousness, urgency, and irreparability criteria. The Commission has repeatedly tried to obtain information from the State of Nicaragua, but it has received no response that might indicate that adequate, effective measures have been implemented to mitigate the risks. No information has been provided concerning measures to seek an agreement or to investigate the risks.

All beneficiaries were arrested over the period 2021–2024, amid the criminalization of individuals who are considered critics of the current Nicaraguan government and of all civil society actors who seek to get involved in public life, whether through social, political, or religious platforms. These 25 individuals are currently being deprived of liberty in three detention facilities: the Santos Bárcenas Centeno Penitentiary Facility in León, the Jorge Navarro Prison Complex in Tipitapa (known as "La Modelo"), and the Comprehensive Women's Penitentiary Facility in Tipitapa (known as "La Esperanza").

The Commission found that the situation of the 25 individuals identified in this request for extended measures is particularly worrying, since they are not communicating with their families and lawyers and they are facing conditions of detention that put them at risk. Their conditions are made worse by the fact that they lack adequate medical care and are allegedly being subjected to physical violence, intimidation, and harassment by officers of the State. These 25 individuals have also been prevented from enjoying the minimum safeguards of due process.

The Commission notes that this request for an extension reflects an exceptional situation with an extreme, urgent risk that the beneficiaries suffer irreparable harm to their rights. The request should be assessed in the current context in the State of Nicaragua, which has been constantly evaluated by the Organization of American States (OAS) and the IACHR, as well as by other human rights institutions.

Consequently, in keeping with Article 63.2 of the American Convention and Article 27 of the Rules of Procedure of the Inter-American Court of Human Rights, the Commission asked the Court to demand that the State of Nicaragua take the following action:

(a) Immediately adopt all necessary measures to effectively protect the lives, integrity, health, and personal liberty of these 25 individuals;

(b) Immediately release these 25 individuals who are deprived of liberty in Nicaragua, given the serious, inhumane conditions of detention they are being subjected to, the cruel, inhuman, and degrading treatment they are getting, the lack of medical care, and the serious deterioration of their health, which make it clear that it is impossible for the State to provide the minimum conditions of detention required to ensure compliance with the applicable international standards and to protect human dignity;

(c) Take protection measures in favor of members of the families of these 25 beneficiaries, amid acts of retaliation for their complaints about the situation of their detained relatives and for their attempts to obtain official information about their loved ones.

The Inter-American Court of Human Rights grants provisional measures in extremely serious and urgent cases, to prevent irreparable harm to individuals. Provisional measures are compulsory for States, and the decisions they hold demand that States adopt specific actions to protect the rights and/or lives of the individuals who are at risk.

A principal, autonomous body of the 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. 145/24

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