Washington, D.C. – On June 20, 2023, the Inter-American Commission on Human Rights (CIDH) requested the Inter-American Court of Human Rights (Corte IDH) to extend provisional measures in the case of Juan Sebastián Chamorro and others regarding Nicaragua to include 25 persons deprived of liberty, who are in a situation of extreme gravity and urgency of irreparable harm to their rights.
The Inter-American Commission granted precautionary measures to the 25 identified individuals, after determining that the requirements of seriousness, urgency, and irreparability were met. Despite repeated actions by the Commission to obtain information from the State of Nicaragua, no response has been received indicating the adoption of suitable and effective measures to mitigate the risk. There is also no information about concerted actions or measures to investigate the risk events.
The beneficiaries were detained between 2021 and 2024 in the context of the criminalization of anyone critical of or opposed to the current government, as well as civil society actors attempting to participate in public, social, political, or religious life. These individuals are currently held in three detention centers: the Santos Bárcenas Centeno Penitentiary System in León, the Jorge Navarro Penitentiary System – “La Modelo,” and the Comprehensive Women’s Penitentiary Establishment – “La Esperanza.”
The Commission considered the situation of the identified individuals particularly concerning given their lack of communication with family and lawyers, as well as the detention conditions that put them at risk. This is exacerbated by the lack of medical attention and allegations of aggression, intimidation, and harassment by state agents. Additionally, the individuals have been denied the minimum guarantees of any judicial process.
The Commission notes that this request reflects an exceptional situation based on the extreme, urgent, and irreparable risk to the rights of the 25 individuals, which must be assessed in the context of the ongoing situation in Nicaragua, subject to continuous analysis by the Organization of American States and the Commission, as well as other human rights bodies.
Therefore, and in accordance with Article 63.2 of the American Convention and Article 27 of the Rules of the Inter-American Court of Human Rights, the Commission requested the Court to order the State to:
a. Immediately adopt necessary measures to effectively protect the life, integrity, health, and personal freedom of the identified individuals;
b. Proceed with the immediate release of the identified individuals deprived of their liberty in Nicaragua, given the serious and inhumane detention conditions, cruel, inhuman, and degrading treatment received, lack of medical attention, and serious deterioration of their health, demonstrating the State’s inability to guarantee minimum detention conditions compatible with international standards and human dignity;
c. Adopt protection measures for the family members of the proposed beneficiaries, against acts of retaliation for denouncing the situation of detained relatives and seeking official information about their situation.
Provisional measures are issued by the Inter-American Court in cases of extreme gravity and urgency to prevent irreparable harm to individuals. They are mandatory for States, requiring them to take specific actions to safeguard rights and/or protect the lives of individuals at risk.
The CIDH is a principal and autonomous organ of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance and defense of human rights in the region and acts as the OAS advisory body on the matter. The CIDH is composed of seven independent members elected by the OAS General Assembly in a personal capacity and do not represent their countries of origin or residence.
Soledad Quartucci | CEO/Founder, Latina Republic
Latina Republic is dedicated to promoting regional understanding through compelling narratives, articles, interviews, and reports that emanate from the heart of the Americas. Our foremost goal is to facilitate constructive dialogue by illuminating local viewpoints frequently overshadowed by mainstream media. Our mission is to equip all stakeholders with essential insights for addressing regional issues, thus empowering them in their efforts. We are committed to portraying the victories and hardships of everyday life in Latin America, while also chronicling the progression of social movements and amplifying the voices of those at the forefront of change.
