IACHR Grants Precautionary Protection Measures in Favor of Leyner Palacios and His Immediate Family in Colombia

June 17, 2021

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Resolution 45/2021 (link in Spanish)

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Washington, D.C. — On June 1, 2021, the Inter-American Commission on Human Rights (IACHR) issued Resolution 45/2021 (link in Spanish), through which it granted precautionary measures in favor of Leyner Palacios and his immediate family in Colombia, after deeming that, prima facie, the case met the requirements of gravity, urgency, and risk of irreparable damage set out in Article 25 of the IACHR Rules of Procedure.

When making its decision, the IACHR considered the role that Leyner Palacios currently plays within the country. After requesting information from the State, the IACHR considered implementing a series of protection measures in favor of Mr. Palacios and his family. However, various factors were identified that point to the lack of effectiveness of the protection scheme, and it was also noted that the beneficiary continues to be subjected to events involving risks.

Consequently, the IACHR requested that the State of Colombia a) take the necessary measures to guarantee the right to life and personal integrity of Leyner Palacios and his immediate family, including an appropriate ethnic and gender focus. In particular, in light of the risks identified in the resolution and in response to the shortcomings mentioned above, the State should ensure that the protection measures implemented are sufficiently effective; b) adopt the protection measures needed to enable Mr. Palacios to go about his work as a human rights defender without being subjected to risk events targeting him; c) agree on any measures to be implemented in consultation with the beneficiaries and their representatives; and d) report on the actions it puts forward to investigate the alleged events that led to the adoption of this precautionary measure so as to prevent them from being repeated.

The IACHR's granting of this precautionary measure and its adoption by the State does not entail a prejudgment on any petition that may eventually be filed before the inter-American system to allege that the rights protected by any applicable instruments have been violated.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote the observance and defense of human rights in the region and acts as a consultative body to the OAS in this area. The IACHR is composed 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. 151/21