IACHR grants precautionary measures for Jonathan Guillermo Torres Duque, missing in Venezuela

May 12, 2025

Washington, DC—On May 5, 2025, the Inter-American Commission on Human Rights (IACHR) issued Resolution 39/2025, granting precautionary measures in favor of Jonathan Guillermo Torres Duque in Venezuela after determining that he faces a serious, urgent risk of irreparable harm to his rights.

According to the request for precautionary measures, the beneficiary is a Venezuelan national and a visual artist. On October 27, 2024, he was detained by members of the Bolivarian National Guard at the Peracal checkpoint in San Antonio, Táchira state, while attempting to re-enter Venezuela after living in the United States for ten years. The authorities commented that his immigration status was under investigation, after which he was driven away to an unknown destination. His whereabouts, fate, and the reasons for his detention remain unknown.

Despite efforts to locate him, formal complaints, and judicial requests made to various authorities concerning his disappearance, the State continues to refuse to provide an official response regarding his legal status or whereabouts. The requesting party expressed concern over the beneficiary's mental health, noting that he suffers from depression and that there is a family history of suicide, which heightens concerns for his life. The State has not provided the IACHR with any information.

After analyzing the factual and legal allegations, the IACHR found that the beneficiary's situation is both grave and urgent, given that his fate and whereabouts have remained unknown since he was detained on October 27, 2024. Accordingly, pursuant to Article 25 of its Rules of Procedure, the IACHR requested that the State of Venezuela:

1. adopt the necessary measures to protect the beneficiary's rights to life, personal integrity, and health. Specifically, the State must
   1. confirm whether he is in state custody and, if so, provide information on the grounds for his arrest and the circumstances in which he is being held. If not, it must report on the steps being taken to determine his whereabouts or fate;
   2. clarify whether the beneficiary has been brought before a competent court to review his detention if he has been formally charged, or explain why this has not yet occurred;
   3. specify which court is handling his case or, if no charges have been filed, explain why he has not been released;
   4. allow the beneficiary to communicate with his family and legal representatives, granting full access to his case file, if one exists; and
   5. conduct an immediate medical evaluation to assess his health status and provide any treatment he might need;
2. report on any steps taken to investigate the alleged events that gave rise to these precautionary measures, with the aim of preventing their recurrence.

The granting of these precautionary measures and their implementation by the State do not constitute a decision on the merits of any petitions that may be submitted to the inter-American system concerning alleged violations of rights protected under applicable human rights instruments.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 099/25

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