Precautionary Measures Granted

Resolution No. 100/24
PM 1245-24 - Carlos Alberto Vanegas Gómez and Efrén Antonio Vílchez López , Nicaragua

On December **, 2024, the IACHR granted precautionary measures in favor of Carlos Alberto Vanegas Gómez and Efrén Antonio Vílchez López, upon considering that they are in a serious and urgent situation given that their rights to life and personal integrity face a risk of irreparable harm in Nicaragua. It was alleged that the beneficiaries are deprived of their liberty in unsanitary and inhumane conditions. They are allegedly not receiving the medical care they require for their health issues. Allegations of possible torture were presented. The State did not submit information to the IACHR. Therefore, under the terms of Article 25 of its Rules of Procedure, the Commission request that the State of Nicaragua:

adopt the necessary measures to protect the rights to life, personal integrity, and health of the proposed beneficiaries;

a) adopt the necessary measures to protect the rights to life, personal integrity and health of the beneficiaries;

b) implement the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with the applicable international standards on the matter, including: i. guarantee that they are not subjected to violence, threats, intimidation, and aggression inside the prison; ii. take the measures that are relevant in response to the allegations of torture presented in the request; iii. guarantee access to adequate and specialized medical care and to the necessary treatments and medicines, and immediately carry out a comprehensive medical assessment of their health; iv. provide immediate access to adequate food and water; and v. evaluate the possibility of granting alternative measures to deprivation of liberty, given the impossibility of protecting their rights in light of the current detention conditions;

c) consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and

d) report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 93/24
PM 1249-24 - Víctor Boitano Coleman, Nicaragua

On December 4, 2024, the IACHR granted precautionary measures in favor of Víctor Boitano Coleman, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. It was alleged that the beneficiary’s whereabouts are unknown since he was detained on April 23, 2024, by armed plainclothes agents and police officers, without a warrant. The Commission also considered that the State did not provide information on the actions taken to determine his whereabouts. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to determine the situation and whereabouts of the beneficiary, in order to protect his rights to life and personal integrity;
  2. inform whether the beneficiary is in the custody of the State, and the circumstances and conditions of his detention. In particular, report on the place of his detention, allowing access to his legal representatives and family members, as well as the necessary health care, and ensure that he is brought before judicial authorities to review and monitor any continued detention; and
  3. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such events from reoccurring
.

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Resolution No. 91/24
PM 1214-24 - Jhon Fernando Paladines Rubio, Nicaragua

On November 26, 2024, the IACHR granted precautionary measures in favor of Jhon Fernando Paladines Rubio, after considering that he is in a serious and urgent situation, given that his rights to life and personal integrity face a risk of irreparable harm in Nicaragua. According to the request, the beneficiary is a businessman in Costa Rica and was traveling in Nicaragua on business. He was reportedly detained on March 9, 2024, by the Judicial Assistance Directorate of the Nicaraguan National Police at the hotel where he was staying in Managua. Since that date, his location has not been known. After several internal actions, the situation remains unchanged to date. The State of Nicaragua has not responded.

Therefore, the IACHR requests that Nicaragua:

a) adopt the necessary measures to determine the situation and whereabouts of the beneficiary, in order to protect his rights to life and personal integrity;

b) inform whether the beneficiary is in the custody of the State, the circumstances and conditions of his detention. In particular, report on the place of his detention and the criminal case file opened against him, allowing access to his legal representatives and family members, as well as the corresponding consular assistance, and ensure that he is brought before competent judicial authorities for the review and monitoring of his situation;

c) consult and agree upon the measures to be implemented with the beneficiary, his family members, and his representatives; and

d) report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such events from reoccurring.

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Resolution No. 77/24
PM 1133-24 - Steadman Fagot Muller, Nicaragua

On October 28, 2024, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures in favor of Steadman Fagot Muller, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The applicant indicated that the beneficiary held a public position from which he opposed the government’s policies on indigenous peoples. It was alleged that, in reprisal for this, the Army arrested the beneficiary on September 14, 2024. Since then, his whereabouts, legal situation, and conditions of detention are unknown. The State did not provide information on the matter. The IACHR assessed the human rights crisis situation in Nicaragua and the lack of knowledge of the beneficiary’s whereabouts, the judicial investigation that led to his capture, and his current situation. Consequently, in terms of Article 25 of the Rules of Procedure, it requests that the State of Nicaragua:

  1. adopt the necessary measures to determine the situation and whereabouts of the beneficiary, in order to protect his rights to life and personal integrity;
  2. inform whether the beneficiary is in the custody of the State, the circumstances and conditions of his detention. In particular, report on the place of his detention, allowing access to his legal representatives and family members, as well as the necessary health care, and ensure that he is brought before judicial authorities to review and monitor any continued detention;
  3. ensure the corresponding measures to guarantee that the beneficiary can continue to carry out his activities in defense of the rights of indigenous peoples without being subjected to threats, harassment, or acts of violence in the exercise of these activities; and
  4. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such events from reoccurring.

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Resolution No. 75/24
PM 1134-24 - Gersom Antonio Zeledón Motta and three other persons, Nicaragua

On October 24, 2024, the IACHR granted precautionary measures in favor of Gersom Antonio Zeledón Motta, Eveling Carolina Matus Hernández, Lesbia del Socorro Gutiérrez Poveda, and Carmen María Sáenz Martínez, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. It was alleged that the beneficiaries’ whereabouts were unknown as of their respective detentions between March and August 2024. It is alleged that the arrests were carried out by police officers through raids and/or searches of the respective homes, without indicating the reasons for their arrest. People close to the beneficiaries went to the various prisons to locate them and learn about their situation. The State authorities have not provided official information on the current whereabouts of these individuals, nor on their current status. The Commission also found that the State did not provide any information on the measures adopted to mitigate the risk faced by the beneficiaries, or on the actions taken to determine their whereabouts. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to determine the situation and whereabouts of the beneficiaries, in order to protect their rights to life and personal integrity; b. inform whether the beneficiaries are in the custody of the State, the circumstances and conditions of their detention. In particular, report on the place of their detention, allowing access to their legal representatives and family members, as well as the necessary health care, and ensure that they are brought before judicial authorities to review and monitor any continued detention; and c) report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such events from reoccurring
.

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Resolution No. 68/24
PM 919-24 - Eddie Moisés González Valdivia, Nicaragua

On September 30, 2024, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures in favor of Eddie Moisés González Valdivia, upon considering that he is in a serious and urgent situation, given that his rights are at risk of irreparable harm. It was alleged that Eddie Moisés González Valdivia is a retired major of the Nicaraguan Army, university professor, and business consultant in the city of Estelí. He also identifies as a dissident of the ruling party and a critic of the current regime, and is detained in the Jorge Navarro "La Modelo" Penitentiary Center, incommunicado, with no information available about his health and current detention situation. Similarly, the beneficiary is reportedly legally vulnerable due to lack of access to the judicial file and the absence of effective legal defense. The State, for its part, did not provide information that would allow for the determination that the identified risk factors have been adequately mitigated. Pursuant to the provisions of Article 25 of its Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Eddie Moisés González Valdivia;
  2. implement the necessary measures to ensure that the beneficiary’s detention conditions are compatible with applicable international standards on the matter, including:
    1. guarantee regular contact and access to his family members, attorneys, and representatives;
    2. officially inform them of the beneficiary’s legal situation in the framework of the criminal process in which he is allegedly involved;
    3. immediately carry out a comprehensive medical assessment of his health and guarantee access to adequate medical care; and
    4. evaluate the possibility of granting alternative measures to deprivation of liberty, given the impossibility of protecting his rights in light of the current detention conditions;
    5. consult and agree upon the measures to be implemented with the beneficiary and their representatives; and
    6. report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring
.

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Resolution No. 52/24
PM 611-24; 726-24 - Three persons deprived of their liberty, Nicaragua

On August 17, 2024, the IACHR granted precautionary measures in favor of Frank Kevin Laguna Guevara, Óscar Danilo Parrilla Blandón, and Evelyn Susana Guillén Zepeda, persons deprived of their liberty in Nicaragua, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. It was alleged that the beneficiaries are being held in the National Penitentiary System “Jorge Navarro” and in the Integral Penal Establishment for Women (EPIM), in poor conditions of detention and without receiving the necessary medical attention for their ailments. In the case of Ms. Evelyn Susana Guillén Zepeda, she suffers from a mental illness after being a victim of sexual violence. Likewise, they face acts of violence such as beatings, mistreatment and intimidation by prison officials. They are also legally vulnerable due to the lack of access to judicial files and the absence of an effective legal defense. For its part, the State did not provide information that would make it possible to determine that the risk factors identified had been duly mitigated. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries. In particular, officially report on their current situation while they are in the custody of the State;
  2. implement the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with applicable international standards on the matter, including:
    1. guarantee that they are not subjected to violence, threats, intimidation, and aggression inside the prison;
    2. guarantee access to adequate and specialized medical care and to the necessary treatments and medicines, and immediately carry out a comprehensive medical assessment of their health; and
    3. evaluate the possibility of granting alternative measures to deprivation of liberty, given the impossibility of protecting their rights in light of the current detention conditions;
    4. consult and agree upon the measures to be implemented with the beneficiaries and their representatives; and
    5. report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring.

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Resolution No. 45/24
PM 697-24, 730-24, 736-24 - Three persons deprived of their liberty, Nicaragua

On August 2, 2024, the IACHR granted precautionary measures in favor of Douglas Acevedo Castillo, Anner Herrera, and Geovanny Jaret Guido Morales, deprived of liberty in Nicaragua, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. It was alleged that the beneficiaries are being held in “La Modelo” prison, in inadequate conditions of detention and without receiving the necessary medical attention for their ailments. They also face acts of violence such as beatings, mistreatment and intimidation by prison officers. They are also legally vulnerable due to the lack of access to judicial files and the absence of an effective legal defense. For its part, the State did not provide information that would make it possible to determine that the risk factors identified had been duly mitigated. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries. In particular, officially report on their current situation while they are in the custody of the State;
  2. implement the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with applicable international standards on the matter, including:
    1. guarantee that they are not subjected to violence, threats, intimidation, aggression, and torture inside the prison;
    2. guarantee access to adequate and specialized medical care and to the necessary treatments and medicines, and immediately carry out a comprehensive medical assessment of their health; and
    3. evaluate the possibility of granting alternative measures to deprivation of liberty, given the impossibility of protecting their rights in light of the current detention conditions;
    4. consult and agree upon on the measures to be implemented with the beneficiaries and their representatives; and
    5. report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent such events from reoccurring, particularly with regard to the allegations of torture presented by the applicants
.

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Resolution No. 39/24
PM 553-24 - Nine persons deprived of their liberty, Nicaragua

En 17 de junio de 2024, la CIDH otorgó medidas cautelares a favor de nueve personas privadas de libertad, violadas en sus derechos a la vida, integridad personal y salud, detenidas en condiciones insalubres, sufriendo abusos físicos y psicológicos por parte de agentes penitenciarios, sin acceso a cuidados médicos adecuados, resultando en riesgos significativos y daños irreparables. Por su parte, el Estado, sin embargo, de estar informado, no ha presentado respuesta. La Comisión, tras evaluar las alegaciones, aliado al contexto de represión sistemática en el país y la falta de respuesta del Estado, entiende, a primera vista (prima facie), que están presentes los requisitos de gravedad, urgencia e irreparabilidad.

De acuerdo con el artículo 25 del Reglamento, la Comisión solicita a Nicaragua que:

  1. adopte las medidas necesarias para proteger los derechos a la vida, integridad personal y salud de las personas beneficiarias. En particular, informe de manera oficial sobre su situación actual en tanto se encuentra bajo custodia del Estado;
  2. adopte las medidas necesarias para asegurar que las condiciones de detención de las personas beneficiarias sean compatibles con los estándares internacionales aplicables en la materia, entre ellas:
    1. se garantice que no sean objeto de violencia, amenazas, intimidaciones, y agresiones dentro del centro penitenciario;
    2. se tomen las medidas que resulten pertinentes en atención a los alegatos de tortura presentados en la solicitud;
    3. se garantice acceso a atención médica adecuada y especializada, tratamientos y medicamentos, e inmediatamente, realizar una valoración médica integral sobre su situación de salud;
    4. se brinde acceso inmediato a alimentación y agua adecuada; y
    5. se evalúe la posibilidad de otorgar medidas alternativas a la privación de la libertad dada la imposibilidad de proteger sus derechos a la luz de las actuales condiciones de detención;
    6. concierte las medidas a implementarse con las personas beneficiarias y sus representantes; y
    7. informe sobre las acciones adelantadas a fin de investigar los presuntos hechos que dieron lugar a la presente resolución y así evitar su repetición, particularmente en torno a los alegatos de tortura presentados por los solicitantes
.

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Resolution No. 37/24
PM 509-24 - Walner Antonio Ruiz Rivera, Nicaragua

On June 3, 2024, the IACHR granted precautionary measures in favor of Walner Antonio Ruiz Rivera, after considering that he is in a serious and urgent situation posing a risk of irreparable harm to his rights in Nicaragua. It was alleged that the beneficiary is deprived of his liberty in “La Modelo” prison and despite suffering from a series of health problems, he does not have access to the necessary medical attention or the required medicines. In addition, he is being held in inadequate conditions of detention and is being subjected to acts of violence by prison officers. The Commission also found that the State did not provide any information regarding the measures adopted to mitigate the alleged risk. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. implement the necessary measures to protect the rights to life, personal integrity, and health of Mr. Walner Antonio Ruiz Rivera. In particular, officially report on his current situation while he is in the custody of the State;
  2. adopt the necessary measures to ensure that the beneficiary’s detention conditions are compatible with the applicable international standards on the matter, including:
    1. guaranteeing that he is not subjected to violence, threats, intimidation, and aggression;
    2. taking the appropriate measures in response to the allegations of torture presented in the request;
    3. guaranteeing access to adequate and specialized medical care, and that a specialized medical assessment of his health situation is carried out immediately;
    4. ensuring access to the necessary treatments and medications to treat his medical issues; and
    5. evaluating the possibility of granting alternative measures to the deprivation of liberty, given the impossibility of protecting his rights in light of the impossibility of protecting his rights in the light of his medical conditions;
    6. consult and agree upon the measures to be implemented with the beneficiary and its representatives; and
    7. report on the actions taken to investigate the alleged facts that gave rise to this resolution so as to prevent such events from reoccurring, particularly regarding the allegations of torture raised by the applicants
.

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Resolution No. 23/24
PM 384-24 - Walner Omier Blandón Ochoa and ten other persons of the “Puerta de la Montaña” ministry, Nicaragua

On April 21, 2024, the IACHR granted precautionary measures in favor of Walner Omier Blandón Ochoa and ten other persons from the “Puerta de la Montaña” ministry, who are members of the evangelical church “Puerta de la Montaña,” after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleged that the beneficiaries are deprived of their liberty in “La Modelo” prison and in the Women’s Comprehensive Correctional Facility and despite suffering from a series of health problems, they do not have access to the necessary medical attention or to the required medicines. In the case of Ms. Marisela de Fátima Mejía Ruiz, she is not receiving post-natal health care and adequate food, after having given birth prior to her detention. In addition, the proposed beneficiaries are said to be in inadequate conditions of detention. The Commission also found that the State did not provide any information regarding the measures adopted to mitigate the alleged risk. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of the beneficiaries. In particular, officially report on their current situation while in State custody;
  2. adopt the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with the applicable international standards on the matter, among them:
    1. guarantee access to adequate and specialized medical attention, and immediately carry out a specialized medical assessment on their health;
    2. ensure access to the necessary treatments and medications to treat their health issues, with the corresponding gender perspective;
    3. guarantee regular contact and access to their families and lawyers; and
    4. evaluate the possibility of granting alternative measures to the deprivation of liberty given the impossibility of protecting their rights in light of the current detention conditions.
    5. evaluate the possibility of granting alternative measures to the deprivation of liberty given the impossibility of protecting her rights in light of the current detention conditions;
    6. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
    7. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent such events from reoccurring
.

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Resolution No. 10/24
PM 274-24  - Carlos Alberto Bojorge Martínez, Nicaragua

On March 6, 2024, the IACHR granted precautionary measures in favor of Carlos Alberto Bojorge Martínez, after considering that he is in a serious and urgent situation presenting a risk of irreparable harm to his rights in Nicaragua. The request for precautionary measures alleged that Mr. Carlos Alberto Bojorge Martínez, who is a university student and poet, has been missing since January 1, 2024, after being arrested by police officers. It is alleged that on the day of his arrest, he attended a mass at the Metropolitan Cathedral in Managua, wearing a shirt of the Virgin Mary, a small Nicaraguan flag and a picture of Monsignor Arnulfo Romero in reference to the state persecution against the Catholic Church in the country. In the evening hours, he was detained by police officers who took him to an unknown destination, presumably without an arrest warrant and without the reasons for his detention being known. The Commission also found that the State did not provide any information on the measures adopted to mitigate the beneficiary’s risk situation, or on the actions taken to determine the beneficiary’s whereabouts or fate. In accordance with Article 25 of the Rules of Procedure, the Commission requests that Nicaragua:

  1. adopt the necessary measures to determine the situation and whereabouts of Mr. Carlos Alberto Bojorge Martinez, in order to protect his rights to life and personal integrity;
  2. report on the conditions of detention in which he is currently being held. In particular, the Commission also requests that Nicaragua report on the place of his detention, allowing access to his legal representatives and family members, as well as the necessary health care; and
  3. report on the actions taken to investigate the alleged facts that gave rise to the adoption of this resolution, so as to prevent them from reoccurring
.

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Resolution No. 7/24
PM 95-24 - Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, Nicaragua

On March 1, 2024, the IACHR granted precautionary measures in favor of Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, who are identified or perceived as political opponents of the current Nicaraguan government, after considering that they are in a serious and urgent situation presenting a risk of irreparable harm to their rights in Nicaragua. The request for precautionary measures alleged that the beneficiaries are deprived of their liberty in different prisons and despite suffering from a series of health problems, they do not have access to the necessary medical attention or medicines. In addition, they are reportedly being held in inadequate conditions of detention and are being subjected to aggression by prison officials. The Commission also found that the State did not provide any information regarding the measures adopted to mitigate the risk faced by the beneficiaries. In accordance with Article 25 of the Rules of Procedure, the Commission requests Nicaragua to:

  1. adopt the necessary measures to protect the rights to life, personal integrity, and health of Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano;
  2. adopt the necessary measures to ensure that the beneficiaries’ detention conditions are compatible with the applicable international standards on the matter, including:
    1. guarantee that they are not subjected to threats, intimidation, harassment, or aggression inside the prison;
    2. guarantee access to adequate and specialized medical care, and immediately carry out a specialized medical evaluation of their health;
    3. provide the necessary treatments and medications to treat their health issues;
    4. guarantee regular contact and access to their family and legal representatives, and
    5. evaluate the possibility of granting alternative measures to imprisonment given the impossibility of protecting their rights in light of the current detention conditions;
    6. consult and agree upon the measures to be adopted with the beneficiaries and their representatives; and
    7. report on the actions taken in order to investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from reoccurring
.

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