INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RESOLUTION 60/2023
Precautionary Measure No. 812-23
Nancy Elizabeth Henriquez James regarding Nicaragua
October 11, 2023
Original: Spanish
I.
INTRODUCTION
1.
On October 3, 2023, the Inter-American Commission on Human Rights (“the Inter-American
Commission”, “the Commission” or “the IACHR”) received a request for precautionary measures urging the
Commission to require that the State of Nicaragua (“the State” or “Nicaragua”) adopt the necessary measures
to protect the rights of Nancy Elizabeth Henriquez James (“the proposed beneficiary”). According to the
request, the proposed beneficiary is a Miskitu indigenous leader, regional member of the House of
Representatives for the Autonomous Region of the Northern Caribbean Coast of Nicaragua and president of the
organization and political party YATAMA (Yapti Tasba Masraka Nanih Aslatakanka, “Children of Mother Earth
United”). Her whereabouts are reportedly unknown since October 1, 2023.
2.
Pursuant to Article 25.5 of its Rules of Procedure, the IACHR requested information from the
State on October 4, 2023. However, to date, no information has been received from the State.
3.
Upon analyzing the submissions of fact and law furnished by the applicant, the Commission
considers that the information presented shows prima facie that the proposed beneficiary is in a serious and
urgent situation, given that her rights to life and personal integrity are at risk of irreparable harm. Therefore,
it requests that Nicaragua: a) adopt the necessary measures to determine the situation and whereabouts of Ms.
Nancy Elizabeth Henriquez James, in order to protect her rights to life and personal integrity; b) report on the
detention conditions in which she is currently held. In particular, report on the place of her detention, and allow
access to her lawyers and family, as well as the necessary health care; and c) report on the actions taken to
investigate the alleged events that led to the adoption of this resolution, so as to prevent such events from
reoccurring.
II.
BACKGROUND
4.
Between May 17 and 21, 2018, the Commission visited Nicaragua. During this visit, it collected
numerous testimonies on human rights violations committed in the framework of protests that began the
previous month. Subsequently, on June 21, 2018, the IACHR published a report on the serious human rights
situation in the country. 1 In order to follow up on the recommendations issued in this report, the Special
Monitoring Mechanism for Nicaragua (MESENI) was created, which remained in the country until the State
suspended its presence on December 19, 2018. 2 For its part, the Interdisciplinary Group of Independent
Experts (GIEI, for its acronym in Spanish) for Nicaragua issued a report that analyzed the events that took place
1
2
IACHR. Gross Human Rights Violations in the Context of Social Protests in Nicaragua. OEA/Ser.L/V/II. Doc. 86. June 21, 2018, para.
1.
IACHR. Press Release No. 135/18. IACHR Launches Special Monitoring Mechanism for Nicaragua (MESENI). June 24, 2018; IACHR.
Press Release No. 274/18. Press Release about Nicaragua. December 19, 2018. See also: IACHR. Press Release No. 113/20. Two
Years After Visit to Nicaragua, IACHR Condemns Lack of Compliance with its Recommendations and Calls on the State to Urgently
Implement Them. May 16, 2020.
1