IACHR adopts precautionary measures in favour of Yandier García Labrada in Cuba

January 13, 2021

Washington, D.C.- On January 7, 2021, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 5/2021, in which it granted precautionary measures in favour of Yandier García Labrada, after considering that he finds himself in a situation of serious and urgent risk of irreparable damage to his rights in the context of his deprivation of liberty in Cuba.

According to the request, the beneficiary, who is an activist and member of the Christian Liberation Movement, is currently detained in the "El Típico" prison for the crimes of "contempt and public disorder." He finds himself at risk in the context of his deprivation of liberty as a result of an alleged lack of adequate medical care following beatings received during his detention. The Commission regrets not having received the State's observations, despite the fact that these were requested in accordance with Article 25.5 of its Rules of Procedure.

Having analyzed the submissions of fact and law presented by the applicants, the Commission considers that the information presented demonstrates prima facie that Mr. Yandier García Labrada finds himself in a serious and urgent situation, given that his rights to life and personal integrity are at risk of irreparable harm. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requests that Cuba: a) adopt the necessary measures to protect the life and personal integrity of Mr. Yandier García Labrada; in particular, guarantee that his conditions of detention are in conformity with the applicable international standards; b) agree upon the measures to be implemented with the beneficiary and his representatives; and, c) report on the actions taken in order to investigate the alleged events that led 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. 008/21