IACHR Grants Precautionary Measures to Joel Jardines Jardines, Deprived of His Liberty in Cuba

August 14, 2024

Washington, D.C. — On August 13, 2024, the Inter-American Commission on Human Rights (IACHR) issued Resolution 48/2024 granting precautionary measures to Joel Jardines Jardines in Cuba, whose rights it found to be at grave and urgent risk of suffering irreparable harm.

According to the request, the beneficiary is being held at Aguacate Prison, Quivican, Mayabeque province, Cuba. He is not receiving adequate medical care, and his health is worsening. Clinical reports attached to the file indicate that the beneficiary suffers from laryngeal cancer and should have been undergoing tests since 2021 to assess whether he should begin chemotherapy. There is allegedly no treatment plan in place for his condition, and he suffered physical repression after requesting medical attention from the authorities. The State has not provided any information about the case.

After analyzing the factual and legal allegations, the IACHR took into account the seriousness of the lack of medical attention for a possible malignant tumor, the deterioration of the health of Joel Jardines Jardines, and the potentially fatal consequences of the situation. It also expressed concern about the allegations of physical repression by State agents, allegedly in response to the beneficiary's requests for medical attention. Consequently, in accordance with article 25 of the Rules of Procedure, the IACHR requested that the State of Cuba:

1. take the necessary measures to protect the right to life, personal integrity, and health of Joel Jardines Jardines;
2. take the necessary measures to ensure that the conditions in which he is being detained comply with the applicable international standards. In particular, the State must ensure that appropriate medical diagnoses are made, that adequate, timely medical information is provided, and that a course of medical treatment is decided upon with the beneficiary's prior consent;
3. agree on any measures to be taken with the beneficiary and his representatives; and
4. report on the measures taken to investigate the alleged events that gave rise to this resolution to prevent them from being repeated.

The granting of these precautionary measures and their adoption by the State do not entail a prejudgment on any petition that may eventually be filed before the inter-American system over violations of the rights protected by the American Convention on Human Rights and other applicable instruments.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 182/24

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