IACHR adopts precautionary measures in favour of José Bernard Pallais Arana in Nicaragua

August 27, 2021

Washington, D.C.- On August 24, 2021, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 67/21, in which it granted precautionary measures in favour of José Bernard Pallais Arana, after considering that he finds himself in a situation of serious and urgent risk of irreparable damage to their rights in Nicaragua.

According to the request, José Bernard Pallais finds himself in a situation of risk because he suffers from serious chronic diseases and has been deprived of his liberty since June 9, 2021, however, his whereabouts and detention conditions are unknown.

The Commission received information from the State, regarding the protection and guarantee of the human rights of all individuals. However, beyond stating that a serious situation did not exist, the State did not inform where the José is allegedly being detained nor did it present information on his current detention and health conditions, thus, it was not possible to analyze whether the applicant's allegations regarding the existence of a serious risk to his rights had been disproved.

Upon analyzing the submissions of fact and law furnished by the parties in the context in which they take place, the Commission considers that the information presented shows prima facie that Pallais Arana is in a serious and urgent situation, given that his rights to life and personal integrity are at risk of irreparable harm. Consequently, the Commission requests that Nicaragua: a) adopt the necessary measures to protect the rights to life, personal integrity, and health of José Bernard Pallais Arana; b) ensure that the conditions of his detention are compatible with applicable international standards on the matter; c) taking into account the situation presenting a risk to his life, personal integrity, and health as a result of the circumstances surrounding his current deprivation of liberty, assess the possibility of granting alternative measures to the deprivation of liberty, in accordance with its internal regulations and in light of the applicable inter-American standards; and d) report on the actions taken to investigate the alleged events that led to the adoption of this resolution, so as to prevent them from reoccurring.

The granting of this precautionary measure and its adoption by the State does not constitute the prejudgment of any petition that may eventually be presented before the inter-American system alleging violations of the rights protected in the American Convention and other applicable instruments.

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. 222/21

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