Nicaragua: Inter-American Commission of Human Rights grants cautionary measures in favor of Carmen González Escobar and her family
Patricio Trincado Vera
International Justice and Human Rights Researcher
Global Human Rights Defence
In its resolution 42/2022, the Inter-American Commission on Human Rights requested the state of Nicaragua to adopt the necessary precautionary measures to protect the rights to life and personal integrity of Carmen González Escobar and her family. .
Msr. González was part of the anti-government protests in April 2018. As a consequence of this, since the end of 2018 to the present day, Msr. González and her family have suffered several episodes of harassment by state agents. Some of her relatives have even left the country to avoid it. These episodes consisted in surveillance by state and non-state agents, violent trespassings without a judicial order in which family members have been injured, including children, and threats for the organisation of a religious mass.
These incidentes fall within the current Nicaraguan political context, which has been particularly hostile towards people considered, perceived, or identified as government opponents. This context has been intensified during the presidential elections of 2021. Besides that, in May 2022 the Inter-American Commission and its Special Rapporteurship for Freedom of Expression publically asked the Nicaraguan state to stop the persecution and police harassment against members of the Catholic Church.
Article 25 of the Commissions’ Rules of Procedure states that the Commission can request precautionary measures that concern serious and urgent situations that present a risk of irreparable harm. To determine whether this case fulfils these conditions, the Commission must analyse the available information in light of the prima facie standard. With respect to the seriousness of the situation, the Commission considered that the rights to life and personal integrity of Mrs. González and her family are in serious risk. With respect to the urgency requirement, considering that the harassment towards Mrs. González has been intensified since 2021, there is a risk of subsequent violations to her rights, and therefore a need for the immediate adoption of measures. With respect to the irreparable harm, the Commission considered that the alleged violations, due to their nature, constitute a maximum situation of irreparability.
Sources and Further Reading:
Inter-American Commission of Human Rights (2022, August 31). CIDH otorga medidas cautelares a favor de Yolanda del Carmen González Escobar y su núcleo familiar en Nicaragua. Inter-American Commission of Human Rights Press releases. Retrieved September 1, 2022, from http://www.oas.org/es/CIDH/jsForm/?File=/es/cidh/prensa/comunicados/2022/194.asp
Inter-American Commission of Human Rights (2022, August 29). Resolución 42/22. Retrieved September 1, 2022, from http://www.oas.org/es/cidh/decisiones/mc/2022/res_42-22%20_mc_485-22_ni_es.pdf
Reglamento Comisión Interamericana de Derechos Humanos. Retrieved September 1, 2022, from https://www.oas.org/36ag/espanol/doc_referencia/Reglamento_CIDH.pdf