IACHR Grants Precautionary Measures in Favor of Deibis Esteban Mota Marrero in Venezuela

November 3, 2022

—Washington, D.C. — On October 31, 2022, the Inter-American Commission on Human Rights (IACHR) issued Resolution 61/2022, through which it granted precautionary measures in favor of Deibis Esteban Mota Marrero in Venezuela, whom it deems to be at serious, urgent risk of suffering irreparable harm to his human rights.

According to the petitioning party, Deibis Mota is a lieutenant in the Army and is currently being deprived of his freedom at the National Center for Military Defendants (CENAPROMIL, known as "Ramo Verde"), where he is not receiving the medical attention he needs—his health has been severely affected by the consequences of the aggressive behaviour he has been subjected to while under arrest. This situation has been exacerbated by the conditions in which he has been held and the threats and ill-treatment he has received from agents at the penitentiary.

After analyzing the allegations of fact and law provided by the petitioning party, the IACHR deemed that Deibis Esteban Mota Marrero is in a situation of risk, bearing in mind that he has been in these circumstances since being detained in 2018 and that these are likely to worsen. As a consequence, in accordance with Article 25 of its Rules of Procedure and the Inter-American Convention to Prevent and Punish Torture, the IACHR requested that the State of Venezuela:

1. take the necessary measures to guarantee the rights to life, health, and personal integrity of Deibis Esteban Mota Marrero. It specifically requested that the State ensure that the beneficiary has access to the medical treatment indicated by the appropriate experts and stipulated that the authorities should provide a medical report on the beneficiary's current health status.
2. adopt the necessary measures to ensure that the conditions in which Deibis Esteban Mota Marrero is being detained conform to the relevant international standards;
3. agree on any measures to be adopted with the beneficiary and his representatives; and
4. report on the actions it implements to investigate the alleged events that led to the adoption of this precautionary measure so as to prevent them from being repeated.

The fact that this precautionary measure has been granted 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 the American Convention and other applicable instruments have been violated.

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. 246/22

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