IACHR issues follow-up and modification resolution concerning precautionary measures in favor of María Corina Machado in Venezuela

November 27, 2024

Washington, D.C. – On November 25, 2024, the Inter-American Commission on Human Rights (IACHR) adopted Follow-up and Modification Resolution 89/2024, concerning María Corina Machado's situation in Venezuela. Machado had been granted precautionary measures in 2019 (MC-125-19).

In this follow-up and modification resolution, the IACHR assessed the persistence of risks affecting opposition leader María Corina Machado in Venezuela, and the fact that these risks have increased following the 2024 presidential election. Reported incidents include instances of assault, threats, and harassment, as well as a series of stigmatizing comments made against Machado by high government officials. These incidents were clearly linked to her political activity and her role as the leader of the opposition in the country, particularly in the context of the repression that followed the election.

Further, the IACHR noted the situation of individuals who are being detained inside the Argentine Embassy in Venezuela. The IACHR stressed that "in a democracy, no political leaders should be forced to seek asylum in an embassy or to leave their country to safeguard their rights to life, integrity, and liberty." The IACHR stressed its call on the State to "respect, protect, and defend the human rights of all Venezuelans and to exhaust all conflict-resolution measures prioritizing dialogue and negotiations."

The IACHR noted the State's failure to provide the information that had been requested and its failure to implement protection measures, which appear to leave the beneficiary defenseless and vulnerable in Venezuela's current context. Given the scenario, the IACHR had already followed up on these events before the election.

After assessing the legal and factual allegations in this case, and in keeping with Article 25 of its Rules of Procedure, the IACHR found that María Corina Machado's rights continue to be at risk. The IACHR therefore decided to take the following action:

  1. Continue to monitor María Corina Machado's situation in Venezuela
  2. Not extend precautionary measures to the individuals for which an extension had been requested
  3. Change the scope of these precautionary measures and ask the State to take the following action:
    1. Adopt any measures necessary to protect María Corina Machado's rights to life and personal integrity
    2. Take any measures necessary to ensure that the beneficiary can continue to be involved in political activities without being subjected to threats, harassment, or any other acts of violence for that involvement (in particular, the State should formally inform the beneficiary of any investigations that might be ongoing against her, including at least the following details: the events under investigation, the crimes she is suspected of having committed, the prosecutor in charge of the investigation, and the judicial authority of competent jurisdiction in her case; the State should enable the beneficiary and her representatives to access her full criminal file, should that exist, and allow them to file any relevant appeals, as well as ensure that those appeals are adequately addressed)
    3. Come to an agreement with the beneficiary and her representatives concerning any measures that need to be taken
    4. Report on any actions adopted to investigate the events that gave rise to the adoption and persistence of these precautionary measures, in order to prevent such events from happening again in the future (in particular, the IACHR asks the State to investigate with due diligence the allegations of threats and other forms of violence against the beneficiary, including those that may have been perpetrated by officials and/or officers of the State)

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. 299/24

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