IACHR grants precautionary measures in favor of S.J.R.G. in Venezuela

November 11, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 82/2024 on November 7, 2024, to grant precautionary measures in favor of S.J.R.G. in Venezuela, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights to life and personal integrity.

The party who requested these precautionary measures noted that the beneficiary is an activist in favor of the rights of LGBTI persons, as well as a volunteer for the opposition political party Vente Venezuela. S.J.R.G. is allegedly deprived of liberty at the penitentiary facility Internado Judicial in Carabobo, after being arrested on August 6, 2024, by officers of the Bolivarian National Police. The request for these precautionary measures alleged that S.J.R.G. had been subjected to torture, that he was malnourished and dehydrated, that he had symptoms compatible with syphilis, and that he was not getting the medical care he requires given that he is HIV-positive.

His family last had contact with S.J.R.G. on October 17, 2024, and his health condition remains unknown since then. The State failed to provide information to the IACHR on this issue.

After assessing the legal and factual allegations, the IACHR considers that the beneficiary is at risk, and that the risks he faces might become increasingly harmful for his rights. The IACHR has not been informed of the crimes the beneficiary is being accused of or of the reasons for his arrest, while his current legal status, the procedural state of investigations against him, and whether he has been taken before an independent court of competent jurisdiction all remain unknown.

The IACHR also took into consideration allegations that the beneficiary is not getting the antiretroviral treatment he needs for HIV, which entail a life-threatening risk that is made worse by allegations of torture, malnutrition, and dehydration. The IACHR noted that the State's failure to respond prevents the Commission from having access to any measures Venezuelan authorities might be taking to mitigate or address the risks faced by the beneficiary.

Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Venezuela to take the following action:

1. Adopt any measures necessary to protect the rights to life, personal integrity, and health of S.J.R.G., in keeping with the applicable international standards
2. Implement any measures necessary to ensure that the beneficiary's conditions of detention reflect the applicable international standards: In particular, the State should ensure that the beneficiary gets the medical treatment he needs, as well as adequate food and water. For the IACHR, it is essential that, in case the beneficiary has been charged with any crimes, the State disclose whether he has been taken before a court of competent jurisdiction so his arrest might be reviewed. Otherwise, the State should provide the reasons why the beneficiary has so far not been released.
3. Come to an agreement with the beneficiary and his representatives concerning any measures that need to be taken
4. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 284/24

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