IACHR grants precautionary measures in favor of Jesús Gabriel Useche in Venezuela

February 4, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) issued Resolution 10/2025 on January 30, 2025, to grant precautionary measures in favor of Jesús Gabriel Useche Moncada in Venezuela, in the belief that he faces a serious, urgent risk of suffering irreparable harm to his rights to life and personal integrity.

According to the request for these precautionary measures, the beneficiary—who is 19 and has an intellectual disability—was arrested on January 9, 2025, in the context of demonstrations in Venezuela. He has since remained isolated and incommunicado at the Judicial Prison in the state of Aragua, and the authorities have failed to provide the details of his conditions of detention and current health condition.

The request for these precautionary measures alleged that this penitentiary facility was overcrowded and did not provide inmates with sufficient drinking water, adequate food, or adequate access to clean air and sunlight. It also allegedly remained unknown whether the beneficiary was getting medical care to address his disabilities, and that his family had been prevented from taking legal action before judicial authorities. The State failed to provide information to the IACHR on this issue.

After assessing the legal and factual allegations put forward by the party who requested these precautionary measures, the IACHR considers that the circumstances in which the beneficiary was arrested might by themselves involve risks to the health, life, and personal integrity of any detainee, but that this is particularly the case for the beneficiary given his health condition. Further, the IACHR notes that an extreme change of routine, his removal from a safe family environment, and the lack of information about medical care in line with doctors' recommendations all combine to present serious risks for Useche Moncada, given his disabilities.

To date, it remains unknown whether the beneficiary enjoys minimum safeguards to protect his fundamental rights. This situation is made worse by the differentiated risks faced by individuals with disabilities who are deprived of liberty. 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 Useche Moncada's rights to life, personal integrity, and health
2. Take all measures necessary to ensure that the beneficiary's conditions of detention reflect the applicable international standards—particularly considering his disabilities—including the following:
   1. Enabling regular access to and contact with his family, lawyers, and other representatives
   2. Officially reporting on the beneficiary's legal status in the context of the criminal law proceedings he is being subjected to, including the reasons why he has not been released to date and whether he has been taken before court so his arrest may be reviewed
   3. Immediately conducting a comprehensive medical examination of his current health condition and ensuring that he has access to the medical care he needs
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 of Venezuela 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 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. 033/25

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