Inter-American Rights Watch

IACHR Grants Precautionary Measures to Protect Three Individuals in Nicaragua Amid Ongoing Concerns Over Human Rights Violations

By: Rabiya Shamim

Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Commission on Human Rights (IACHR) recently issued Resolution 7/2024, granting precautionary measures for three individuals held in Nicaragua. The resolution directly benefits Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, who are allegedly being attacked, denied access to necessary medical care, and detained in multiple prisons in substandard conditions, according to the Commission press release.

 
Crosses are seen on top of a Nicaraguan flag during a demonstration to commemorate Nicaragua’s National Day of Peace. | Photo courtesy of Jose Cordero / AFP via Getty Images)AFP VIA GETTY IMAGES.
  

The IACHR serves as an advisory body on human rights issues and is made up of seven independent members elected by the General Assembly of the Organization of American States (OAS). The precautionary measures requested by the Commission include providing access to medical care and medication, facilitating communication with family members and legal representatives, ensuring the safety and well-being of the beneficiaries, and considering alternative measures to detention. These measures are intended to mitigate the risks faced by individuals and prevent further violations of their rights.

Precautionary measures are granted to highlight the urgency of addressing the reported human rights violations in Nicaragua, without prejudging any potential petitions that may be filed to the inter-American system. As required by the OAS Charter and the American Convention on Human Rights, it is part of a broader effort to promote the observance and defense of human rights in the area.

Due to ongoing concerns about political repression and human rights abuses in Nicaragua, the situation has drawn international attention. The involvement of the IACHR highlights the significance of independent oversight mechanisms in ensuring that governments are held accountable for their actions and safeguarding the rights of individuals, particularly those who are vulnerable to discrimination or persecution.

In addition to the IACHR’s resolution, several organizations such as Human Rights Watch, Amnesty International and the United Nations Office of the High Commissioner for Human Rights have reported on the situation and challenges faced by the people of Nicaragua.

Human Rights Watch has reported cases of judicial harassment and political persecution targeting opposition leaders and government opponents. Similarly, Amnesty International’s annual reports on Nicaragua highlighted attacks on human rights defenders, censorship and arbitrary arrests and The United Nations Office of the High Commissioner for Human Rights has demanded independent investigations into allegations of abuses of human rights in Nicaragua.

For further information, please see:

Amnesty International – Nicaragua – 2022  

Human Rights Watch – Nicaragua Events of 2023 – 2023

IACHR – IACHR Grants Precautionary Measures to Eddy Castillo Muñoz, Nelly López García, and Juan Carlos Baquedano in Nicaragua – 2 Mar. 2024

OAS – INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION – Jul. 2024

United Nations Office of the High Commissioner for Human Rights – Group of Human Rights Experts on Nicaragua – N.D.

 

 

 

 

IACHR Orders Release of Nicaraguan Indigenous Leaders

By: Carlos Dominguez Scheid

Impunity Watch Staff Writer

SAN JOSE, Costa Rica – The Inter-American Court of Human Rights (IACHR) mandated on February 1, 2024, that Nicaragua immediately release Brooklyn Rivera Bryan and Nancy Elizabeth Henríquez James, indigenous political figures and congresspersons from the Yapti Tasba Masraka Nanih Aslatakanka (YATAMA) party, who have been detained since late 2023.

 
Nancy Henríquez (left) and Brooklyn Rivera (right). | Photo courtesy of primeraorden.com.
  

The resolution comes amid serious concerns about Henríquez and Rivera’s detention conditions and the wider suppression of political opposition within the country. This decision came in response to a petition from the Inter-American Commission on Human Rights (IACHR), advocating for the establishment of precautionary steps to safeguard Brooklyn Rivera and Henríquez, who both serve in the Nicaraguan National Assembly, affiliated with the YATAMA, an indigenous-focused political organization. They are both identified as facing a sharp and actualized threat of severe and lasting harm to their personal rights.

The Court’s decision underscores the urgent need to protect the rights and safety of Rivera and Henríquez, who have been targeted in what appears to be a sustained effort to quell dissent against Daniel Ortega’s regime. Despite their status as elected officials representing indigenous communities, their involvement in opposition activities has led to their arbitrary detention and the stripping of their parliamentary seats, a move that has drawn international condemnation. Rivera, a prominent Miskitu leader and key figure in YATAMA, vanished after a raid on his home in September 2023, with no legal warrants presented during his arrest. Similarly, Henríquez’s whereabouts became a mystery following her detention in October 2023, with reports suggesting she is being held in isolation under dire conditions. 

The Court’s resolution also extends protective measures to Rivera and Henríquez’s families, acknowledging the threats and reprisals they have faced, including those that have been forced into exile. The resolution aligns with the Court’s historical stance on safeguarding political freedoms and human rights, reflecting deep concerns over Nicaragua’s political climate, particularly the persecution of opposition parties and the erosion of democratic institutions since 2018. 

Nicaragua, having ignored the Court’s previous orders and not communicated since April 11, 2022, has been declared in permanent contempt. The Court’s latest resolution not only demands the immediate and unconditional release of the detained leaders but also insists on the restoration of their rights to participate in political activities as regional deputies, marking a critical stance against the suppression of political dissent in Nicaragua. 

This ruling highlights the ongoing crisis in Nicaragua, characterized by the government’s harsh response to protests and opposition, leading to widespread human rights abuses. The Court’s intervention underscores the international community’s commitment to upholding human rights and the rule of law, even as Nicaragua faces deepening isolation due to its actions against political opponents and indigenous leaders.

For further information, please see:

AGENCIA EFE – CorteIDH ordena liberar a dirigentes de Yatama – 15 Feb. 2024

CorteIDH ordena a Nicaragua liberar a dos líderes políticos indígenas opositores – 14 Feb. 2014

IACHR – MEDIDAS PROVISIONALES – 1 Feb. 2024

IACHR – IACHR Requests that IA Court Grant Provisional Measures in Favor of Indigenous YATAMA Representatives in Nicaragua – 19 Dec. 2023

Primerordencom – CorteIDH ordena a dictadura liberar de inmediato a Brooklyn Rivera y Nancy Henríquez – 15 Feb. 2024

 

IACHR Files Case with Inter-American Court of Human Rights Regarding Illegal Detention and Treatment of Human Rights Activist

By: Rafael Sbeghen Freitas

Impunity Watch Staff Writer

VENEZUELA – On December 20, 2023, the Inter-American Commission on Human Rights (IACHR) submitted Venezuela’s case No. 14.168 to the Inter-American Court of Human Rights (IDH Court). The case highlights the illegal and arbitrary detention of human rights defender Carlos Enrique Graffe Henríquez, along with healthcare concerns and claims of violations of judicial guarantees and protections throughout the legal proceedings against him.

 
Carlos Graffe being interviewed by the media in 2017, among the anti-government protests in Venezuela. | Photo courtesy of PanAm Post.
  

2017 was marked by massive protests against President Nicolás Maduro and his administration. Carlos Enrique Graffe Henríquez was one of the most notorious opposing figures. He was labeled as a dangerous “terrorist” during a national television show by a government deputy who also stated that Graffe should undergo the “Tun-Tun operation,” an arbitrary search and detention of those who dissent from the national government. Graffe was, and remains today, a prominent figure in opposing Maduro’s administration. In 2010 he founded the “A World Without Censorship” association, dedicated to defending freedom of expression and denouncing human rights violations in Venezuela. 

In October 2017, Graffe was arrested while leaving a medical appointment. He was intercepted by unidentified men who forced him into a vehicle with military plates. The agents were not wearing the standard police uniform and did not have official identification. Further, there was no judicial order against him, and no situation of flagrancy was identified. However, the official Twitter account of the Carabobo Police announced that the prisoner had been detained “with C4 explosive, detonating cord, and rockets with nails attached with adhesive tape”.

Graffe’s preliminary hearing was held in a military court, rather than a civilian one. Records indicate that Graffe was not afforded due process; lawyers were not notified of the proceeding, and they were not allowed access to the formal accusation. Oswaldo Graffe, Carlos Graffe’s father, reported to the media that Graffe’s parents were not notified of the “irregular” hearing. 

The legality of the arrest was not the only concern since the conditions inside the prison where Carlos was incarcerated are infamously horrible. He was subject to solitary confinement and inhuman conditions and was restricted from visitation with his family. Despite his poor health due to previous kidney surgery, he did not receive medical attention. The Ombudsman’s request for intervention to guarantee medical care and allow family visits did not receive a response.

After investigating the case, the IACHR found that the detention of Carlos Graffe was illegal and arbitrary, pointing out that it resembled other cases of criminalization of human rights defenders at the same time. Regarding the rights to personal integrity and health, the IACHR found that Graffe suffered cruel, inhuman, and degrading treatment during his detention in conditions of isolation, poor ventilation, lack of sunlight, and inadequate sanitary and hygiene services. Likewise, the Commission found that the state’s failure to provide medical care generated permanent consequences for his health.

For further information, please see:

 

ICJ Issues Provisional Measures to Protect Guyana Territorial Rights Pending Court Decision on Validity of 1899 Border Agreement

By: Megan Mary Qualters

Impunity Watch Staff Writer

THE HAGUE, The Netherlands – The International Court of Justice (hereinafter ICJ) ordered provisional measures to protect Guyana’s rights in highly contentious territory dispute with Venezuela.

 
Photo image of Venezuelan government revealing a map indicating the “Guayana’s Esequiba” as Venezuelan territory | Photo Courtesy of the New York Times, see Gaby Oraa/Getty Images.
  

Procedural History

In March 2018, the Co-operative Republic of Guyana’s government (hereinafter “Guyana”) filed proceedings against the Bolivarian Republic of Venezuela (hereinafter “Venezuela”). The legal issue is whether the Arbitral Agreement of 1899, which establishes the border line between Guyana and Venezuela, in a region called the “Guayana Esequiba,” is legally valid. Guyana claims it is valid and thus grants the Esequiba to Guyana, but Venezuela claims it is void and argues that the Esequiba is Venezuelan territory.

On October 23, 2023, Venezuela published a list of five questions it planned to use in a “Consultative Referendum,” to be held on December 3, 2023. The questions asked for support in rejecting the validity of the 1899 Award, the ICJ’s jurisdiction, and advocated for an accelerated plan to incorporate the Esequiba into Venezuela.

On October 30, 2023, in response to Venezuela’s questions and referendum plans, Guyana requested the ICJ issue provisional measures to prevent Venezuela from publishing its questions, ultimately asking the ICJ to protect its rights to the Esequiba region while the validity of the 1899 Award is pending.

On November 14 and 15, 2023, the ICJ heard oral arguments from both parties regarding the issue of provisional measures. Guyana asked the Court to order the following provisional measures, while Venezuela asked the court to reject the request.

  1. “Venezuela shall not proceed with the Consultative Referendum planned for 3 December 2023 in its present form;
  2. In particular, Venezuela shall not include the First, Third or Fifth questions in the Consultative Referendum;
  3. Nor shall Venezuela include within the ‘Consultative Referendum’ planned, or any other public referendum, any question encroaching upon the legal issues to be determined by the Court in its Judgment on the Merits . . .
  4. Venezuela shall not take any actions that are intended to prepare or allow the exercise of sovereignty or de facto control over any territory that was awarded to British Guiana in the 1899 Arbitral Award.
  5. Venezuela shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.”

Required Elements of an ICJ Provisional Measure

The ICJ, after affirming its 2020 Judgement that it has the necessary jurisdiction to adjudicate the claims of Guyana, turned to Article 41 of the ICJ Statute, which focuses on the preservation of rights claimed by parties in a case. To issue provisional measures the Court must find (1) the rights claimed by a party is plausible, (2) there is a link between the right claimed and the provisional measure requested, and (3) without the provisional measure “there is a real and imminent risk that” (4) “irreparable prejudice will be caused to the rights claimed before the Court gives its final decision.”

Here, the Court found that Guyana’s right to “preservation and protection of its right to the territory” is plausible. The Court notes that a right’s existence need not be proven, it only need be asserted plausible. Therefore, the Court need not determine which country has a right to the territory, but only that Guyana could have a plausible right to the Esequiba. The Court held that the existence of the 1899 Award and the dispute itself are sufficient to give Guyana a plausible right to the Esequiba.

Moreover, the Court found there is a link between the plausible right and the provisional measure sought. Guyana “seeks to ensure” that Venezuela does not prepare to, or exercise control of, the territory awarded to Guyana in the 1899 Award, which the ICJ considers a measure “aimed at protecting Guyana’s right which the Court has found plausible.”

Lastly, the Court turned to “Venezuela’s expressed readiness to take action with regard to the territory in dispute in these proceedings at any moment following the referendum scheduled for 3 December 2023” as sufficient evidence to find that Guyana is at serious risk of irreparable prejudice, and that the risk of this is urgent in a real and imminent sense.

ICJ’s December 1 Order

Due to the reasons above, the Court found it necessary to issue a provisional measure to protect Guyana’s right to the Esequiba.  However, the Court found the measures provided need not match exactly what Guyana requested. Its resulting provisional measure consisted simply of ordering Venezuela to refrain from taking any action “which would modify the situation that currently prevails in the territory in dispute” and that both Parties “shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.” The ICJ has yet to determine the validity of the 1899 Award.

For further information, please see:

ICJ – Order of 1 December 2023 – 1 Dec. 2023

ICJ – Arbitral Award of 3 October 1899 (Guyana v. Venezuela) Latest Developments

New York Times – Venezuela Renews Claims to Part of Guyana, the Oil-Rich ‘Second Qatar’ – 21 Dec. 2023

Family Requests IACHR Recognition of Columbian Human Rights Violations

By: Paola Andrea Suárez Luján

Impunity Watch Staff Writer

BOGOTÁ, Columbia – It has been 39 years since the imprisonment and murder of Luis Fernando Lalinde, a young college student from Colombia and member of the Communist Party. He was detained without due process on October 3rd, 1984, tortured, and executed by members of the Colombian military. In November 2023, his family petitioned the Inter-American Commission on Human Rights to recognize the human rights violations committed by the Columbian state.

 
Photo of Luis Fernando Lalinde Lalinde | Photo courtesy of Comisión Intereclesial de Justicia y Paz.
  

The truth of the circumstances of his death was the life search of his mother Fabiola Lalinde, who spearheaded Operation Siriri, a search campaign for the truth of his disappearance that lasted more than 30 years. Fabiola Lalinde’s efforts come to life in the hundreds of handwritten notebooks, family photos, and more than 1200 documents recording all information regarding the disappearance of his son. Almost four decades after his death, Luis Fernando Lalinde’s family continues their search for the truth. 

In 1988, the Inter-American Commission on Human Rights adopted Resolution 24/87, declaring the Colombian State responsible for the detention, torture, and extra-judicial murder of Luis Fernando Lalinde. They urged Colombian authorities to investigate and find the people responsible for his murder. However, it was not until 1992 that Lalinde’s family was presented with his remains, and it was in 1996, exactly 4,428 days after his disappearance, when American scientists confirmed with 99.999% certainty that those remains belonged to Luis Fernando Lalinde. The identity of the perpetrators of his detention and extra-judicial execution, however, remains unknown to the Lalinde family.

For the lack of action from the Colombian government, in 1999 the Colombian Commission of Jurists requested the Inter-American Commission on Human Rights to declare the State responsible for the harm to the psychological and moral integrity of Lalinde’s family members. They alleged that the State deliberately obstructed Lalinde’s family’s access to adequate remedies for the investigation and punishment of those responsible for his detention and execution, depriving them of their right to obtain justice.

Lalinde’s case investigation was performed mainly under military criminal jurisdiction. The Commission stated in its Merits Report No. 292/21 that, by leaving the investigation to military jurisdiction, the Colombian State violated judicial guarantees and protections. There was no independent and impartial authority in the case that could allow for a fair investigation and adequate sanction of the people responsible for the acts committed against Luis Fernando Lalinde.

Following that petition, the Colombian Commission of Jurists, representing Luis Fernando Lalinde’s family members and following his mother’s lifelong mission, has requested the Inter-American Court on Human Rights on November 6th of this year, on behalf of the Commission, to declare the Colombian State responsible for the violation of the right to personal integrity, judicial guarantees and judicial protection in detriment to Fabiola Lalinde, Jorge Iván Lalinde, Mauricio Lalinde, and Adriana Lalinde.

Lalinde’s family is requesting that the Court order the Colombian State to fully redress the human rights violations committed against them and that measures be adopted so they can receive comprehensive medical care. Following a 40-year-long plea, they also ask that the Colombian government conduct and conclude an impartial and effective judicial investigation to establish the circumstances of the disappearance and death of Luis Fernando Lalinde, as well as identify and sanction all individuals involved in the events.

The ongoing fight for truth by the Lalinde family is accompanied by the families of more than 60,000 disappeared individuals in Colombia in the last 45 years. The request to the Court calls for an analysis of the impact of the prolonged impunity of serious human rights violations on the personal integrity of the victim’s families.

For further information, please see:

IACHR – Petition Before the Inter-American Court Of Human Rights Case 12,362 – 6 Nov. 2023

CCJ – Luis Fernando Lalinde was Disappeared 37 Years Ago by Military Forces – 3 Oct. 2021

El Colombiano – The Long Flight of the Ciriri, the History of Fabiola Lalinde – 13 May 2022

Hacemos Memoria – “The Archive of a Ciriri Has to be Uncomfortable for a Country as Unjust and Violent as Ours”: Fabiola Lalinde – 17 Apr. 2018

Cero Setenta – Operation Siriri or How to Find a Missing Child – 30 Apr. 2018

Centro Nacional de Memoria Histórica – Until We Find Them. The Drama of Forced Disappearance in Colombia – 2016

UNAL – Data base: The Fabiola Lalinde and Family Fund – 20 Apr. 2022