Resolution IACHR. Precautionary Measure No. 706/16 (Bahamas), 04-11-2016

• Case Outcome: Granted
• Case Type: Precautionary Measures
• Respondent State: Bahamas
• Court: Inter-American Comission of Human Rights
• Date: 04 November 2016

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INTER-AMERICAN COMMISSION ON HUMAN RI GHTS

RESOLUTION 54/2016

PRECAUTIONARY MEASURE No. 70 6-16

Matter of F.S. and others regarding The Bahamas

November 4, 2016

I. INTRODUCTION

1. On September 6, 2016, the Inter-American Commission on Human Rights (hereinafter

“Commission” or “IACHR”) received a request for precautionar y measures presented by “The G rand

Bahama Human Rights Association” (“GBHRA”) (hereinafter “the applicant”) seeking that the IACHR

require the Commonwealth of The Bahamas (hereinafter “The Bahamas” or “the S.”) to adopt the

necessary protective measures to safegu ard the lives and personal integrity of the memb ers of Mr.

F.S., J.D., R.F., K.B.a.F..a.N., all of them

members of the “Save The Bays” advocacy group (hereinafter “the proposed beneficiaries”).

According to the request for precautionary measures, the proposed beneficiaries allegedly received

threats against their lives and personal integrity as a consequ ence of their work as human rights

defenders.

2. After analyzing the factual and legal arguments put forth by th e parties, the Commission considers

that the information presented demonstrates prima facie that the five identified members of “Save

The Bays” are in a serious and urgent situation, since their lives and per sonal integrity face an

imminent risk of irreparable harm. C., according to Article 25 of the Rules of the IACHR,

the Commission requires The Bahamas to: a) Adopt the necessary measures to protect the lives and

personal integrity of the five identified members of Save The Bays and the members of their

respective nuclear families; b) Adopt the necessary measures to ensure that the identified members

of Save The Bays may pursue their work as human rights defenders without being subject to any

threats, harassments or intimidation; c) Agree on the measures to be adopted with the beneficiaries

and their representatives; and d) Report on the actions taken to investigate the alleged facts that

gave rise to the adoption of this precautionary measure in order to prevent their repetition.

II. SUMMARY OF THE FACTS AND ARGUMENTS ALLEGED BY THE PARTIES

3. According to the request, Save The Bay s (hereinafter, “STB”) is a Bahamian advocacy group that

defends the right to clean water, coastal access and freedom of movement in the face of alleged

unregulated developers who apparently are closely linked with S. authorities (some of them are

also members of GBHRA). Over th e past 18 months, members of STB have been subject to steadily

escalating campaign of harassment, intimidation and threats of pros ecution or summary incarceration

that has been carried out by both agents of the State and individuals. Apparently, this is due to

landmark cases recently won by the proposed beneficiaries at the internal level against senior

members of the Government, as well as successful opposition to projects undertaken by certain

developers recognized as major financial backers of the current administration. The request for

precautionary measures is based on the following alleged facts and arguments:

A. As contextual information, the applicants ind icate that all five of the proposed beneficiaries

have already been directly affected by frequent efforts to harass and intimidate STB. For instance,