Resolution No. 80 IACHR. Precautionary Measure No. 590/20 (Nicaragua), 28-10-2020

• Case Outcome: Granted
• Case Type: Precautionary Measures
• Respondent State: Nicaragua
• Date: 28 October 2020
• Court: Inter-American Comission of Human Rights
• Resolution Number: 80

- 1 -

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 80/2020

Precautionary Measure No. 590-20

J. de la Rosa Lesaje Guadamuz et al. regarding Nicaragua

O. 28, 2020

I. INTRODUCTION

1. On J. 23, 2020, the Inter-American Commission on Human Rights (“the Inter-American

Commission”, “the Commission” or “the IACHR”) received a request for precautionary measures

presented by the Comisión Permanente de Derechos Humanos and the Colectivo de Derechos Humanos

Nicaragua Nunca Más

1

(“the applicants”), urging the Commission to require that the S. of Nicaragua

(“the S.” or “Nicaragua”) adopt the necessary measures to protect the rights to life and personal

integrity of J. de la Rosa L. Guadamuz and Roberto J.E.(.“the proposed beneficiaries”).

According to the request, the proposed beneficiaries are being subjected to harassment, threats,

surveillance and incidents of violence by state and parastatal actors, allegedly as a result of their

children’s participation in the protests that began across the country in A. 2018.

2. P. to Article 25(5) of the Rules of Procedure, the IACHR requested information from the

S. and the applicants on J. 30 and S.mber 10, 2020. To date, no response has been received

from the S.. For their part, the applicants submitted additional information on August 6 and 13, 2020.

3. After analyzing the submissions of fact and law presented by the applicants, the Commission

considers that the information presented demonstrates prima facie that J. de la Rosa L.

Guadamuz and R.J.E. are in a serious and urgent situation, as their rights to life and

personal integrity are at risk of irreparable harm. C., Nicaragua is requested to: (a) adopt the

necessary measures to protect the rights to life and personal integrity of J. de la Rosa L.

Guadamuz and R.J.E.. To this end, the S. must ensure that its actors respect the life

and personal integrity of the beneficiaries, as well as protect their rights in relation to acts of risk that

are attributable to third parties, in accordance with the standards established by international human

rights law; (b) agree upon the measures to be implemented with the beneficiaries and their

representatives; and, (c) report on the actions taken in order to investigate the alleged incidents that led

to the adoption of this resolution with the aim of preventing their reoccurrence.

II. CONTEXT

4. The Commission became aware of the protests held during the month of A. 2018 in Nicaragua

in rejection of the announcement of reforms to the country’s social security system, which occurred

following a protest was held in response to a fire that took place in the Indio Maíz reserve.

2

5. B.M. 17 and 21 of the same year, the Commission conducted a visit to the country

during which it gathered numerous testimonies about human rights violations committed during the

protests. S., on J. 21, 2018, the IACHR published a report on the critical state of human

rights in Nicaragua, noting that, according to the figures released, “the S.’s repressive action has

resulted in at least 212 deaths as of J. 19, 1,337 injuries and 507 persons deprived of their liberty as

1

The Comisión Permanente de Derechos Humanos presented its request on J. 23, while the Cole ctivo de Derechos Humanos

Nicaragua Nunca Más on August 12. Fo llowing the respective consultations, the IACHR decided to acc umulate the two requests.

2

IACHR. Press Release No. 90/18. IACHR Expresses Concern over Deaths in the Context of Nicaraguan Protests. A. 24, 2018.