Resolution No. 69 IACHR. Precautionary Measure No. 799/20 (Cuba), 14-10-2020

• Case Outcome: Granted
• Respondent State: Cuba
• Date: 14 October 2020
• Court: Inter-American Comission of Human Rights
• Resolution Number: 69

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INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 69/2020

Precautionary Measure No. 799-20

M.H.B. regarding Cuba

October 14, 2020

I. INTRODUCTION

1. On August 19, 2020, the Inter-American C.on on Human Rights (“the Inter-American

C.on”, “the C.on” or “the IACHR”) received a request f or precautionary measures filed by

the organization Foundation for Pan American Democracy (FDLDP) (“the applicants”), urging the

C.on to require the S. of Cuba (“the S. or “Cuba”) to adopt the measures necessary to

protect the rights to life, personal integrity and health of Mr. M.H.B.(.“the proposed

beneficiary”). According to the request, the proposed beneficiary find himself in a situation of risk in the

context of his deprivation of liberty in Cuba, given that despite having HIV/AIDS and a severely

weakened immune system, he is allegedly not receiving the medical treatment that he would require.

2. On August 24, 2020, in accordance with Article 25.5 of its Rules of Procedure, the IACHR

requested information from the S. and the applicants. To date, the S.’s response has not been

received. For their part, the applicants submitted additional information on August 27, 2020.

3. After analyzing the factual and legal allegations made by the applicants, the C.on

considers that the information presented demonstrates, from the applicable prima facie standard, that

Mr. M.H.B. is in a situation of gravity and urgency, given that his rights to life, personal

integrity and health are at risk of irreparable harm. C., the IACHR requests that the S. of

Cuba: a) implement the necessary measures to protect the life, personal integrity and health of Mr.

M.H.B., by adopting immediate measures that facilitate his access to adequate medical

treatment, including the necessary medications in accordance with what has been prescribed by the

corresponding health professionals, as well as the assessments and examinations that make it possible

to regularly evaluate his state of health, in accordance with the applicable international standards; b)

agree upon the measures to be implemented with the beneficiary and his representatives; and, c) report

on the actions taken in order to investigate the alleged facts that led to the adoption of th is resolution

with the aim of avoiding their repetition.

II. SUMMARY OF FACTS AND ARGUMENTS

1. Information provided by the applicants

4. The proposed beneficiary identifies himself as an activist of the Patriotic Union of C uba

(UNPACU)

1

and a promoter of the campaign Cuba Decides.

2

On A. 16, 2020, he was arrested along

with his uncle R.B., who is also an activist, at his home in the G. neighborhood in San

Miguel del Padrón, H.. According to the authorities, they were arrested for a crime that “they would

have committed the previous day when they had a discussion in the street with a person who claimed to

1

The applicants indicated that the Patriotic Union of Cuba (UNPACU) is the largest and most active organization of “non-violent

political activism” in Cuba.

2

The applicants indicated that Cuba Decides is a citizen initiative to change the political and economic system in Cuba, causing a

peaceful transition process towards democracy.