IACHR Press Release: IACHR Grants Precautionary Measures in Favor of J.N.S.R. in Nicaragua
June 21, 2023
The following IACHR Press Release was posted on the Organization of American States (OAS) website on June 21, 2023.
NOTE: The Organization of American States (OAS) is the world’s oldest regional organization, dating back to the First International Conference of American States, held in Washington, D.C., from October 1889 to April 1890.
IACHR Grants Precautionary Measures in Favor of J.N.S.R. in Nicaragua
June 21, 2023
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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 34/23 on June 19, 2023, to grant precautionary measures in favor of J.N.S.R., in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.
According to the party who requested these precautionary measures, J.N.S.R. is the vice president of the Movimiento Universitario 19 Abril (the MU19A university student movement) and has been deprived of liberty since April 4, 2023. They are being held incommunicado at the facility operated by the Judicial Support Department known as Nuevo Chipote. No official information has been provided concerning their current conditions of detention, the medical care they have access to, or the medication they are being given, although they have various health issues.
The State failed to provide information to prove that the risk factors that had been identified had been adequately mitigated.
After assessing the legal and factual allegations made by the party who requested these precautionary measures, the IACHR considered that J.N.S.R. is at risk, given that they are being deprived of liberty and held incommunicado and given that no information is being provided by State authorities concerning their conditions of detention and health condition. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Nicaragua to take the following action:
a) Adopt any measures necessary to protect the rights to life, personal integrity, and health of J.N.S.R.
b) Take all measures necessary to ensure that the proposed beneficiary’s conditions of detention reflect the applicable international standards, including the following: (i) ensuring that they have access to adequate, specialized medical care and immediately conducting a specialist medical examination of the beneficiary’s current health condition; (ii) ensuring they receive the treatment and medication they need to treat their health issues; and (iii) enabling regular access to and contact with their families, lawyers, and other representatives
c) Come to an agreement with the beneficiary and their representatives concerning any measures that need to be taken
d) 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 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.
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.