Representatives. Considering the foregoing, the Commission believes that the facts described are related to Ms. Henriquez James' critical position of the current Nicaraguan government. In particular, the Commission observes that after her arrest, the presence of police officers was alleged to be protecting the proposed beneficiary's home located in the city of Bilwi, Autonomous Region of the North Caribbean Coast. Moreover, the Commission emphasizes that the facts that she allegedly faces are related to her relevance to the YATAMA party, whose legal personality was canceled days after her arrest. This is in addition to a series of cancellations of the legal status of political and social organizations that have expressed criticism or opposition to the actions of the current Nicaraguan government. 38. Having requested information from the State under Article 25 of the Rules of Procedure, the Commission regrets the lack of response to the request for information. Although the foregoing is not sufficient per se to justify the granting of a precautionary measure, the lack of response from the State prevents the Commission from knowing the measures that would have been reportedly implemented to address the situation that places the proposed beneficiary at risk dispute the facts alleged by the applicants. Therefore, the Commission does not have information that would allow it to assess whether the situation that places the proposed beneficiary at risk has been mitigated, nor regarding the actions taken to determine the whereabouts or fate of the proposed beneficiary. Moreover, the Commission also notes that the proposed beneficiary could be in the custody of the State, which would have the information on her location and current situation. 39. Considering the information available to date, the Commission understands that the family members do not have any information on the legal situation of the proposed beneficiary which would allow them to know: the reasons for her detention; the existence of an arrest warrant, whether it was subject to judicial review; the location where she would eventually be transferred; the detention conditions in which she is being held; the possibilities of contacting a trusted lawyer; the procedural status of the investigation for which she was detained; the existence of an investigation file against her; any health care she may have received; among others. Given that she is regional member of the House of Representatives before the Nicaraguan Assembly, the Commission has also not been informed about the existence of the corresponding legal procedure to strip the proposed beneficiary of her parliamentary immunity. The proposed beneficiary is subjected to a situation of total incommunicado detention by state agents, which is further aggravated by the impossibility of knowing where she is being held. This prevents their relatives and close people from timely activating internal mechanisms to protect her rights. In this regard, the Commission recalls that the InterAmerican Court has indicated, in the Matter of Juan Sebastián Chamorro et al. v. Nicaragua, that “detention without communication not only makes it impossible to verify the current situation of the proposed beneficiaries, their conditions of detention, and their health status, but it also implies a curtailment of the procedural guarantees of all detainees.”45. 40. In view of the foregoing considerations and in light of the prima facie standard, the Commission considers that the rights to life and personal integrity of Nancy Elizabeth Henriquez James are at serious risk, inasmuch as from October 1, 2023 to date there has been no news of her fate or whereabouts after being detained by State agents. 41. Regarding the requirement of urgency, the Commission deems that it has also been met, to the extent that the passage of time without establishing her whereabouts is likely to generate greater impact on the proposed beneficiary's rights to life and personal integrity. In this regard, following the proposed beneficiar's arrest, no information has been obtained on her whereabouts, nor has any information been obtained on her location or any investigative measures to locate her. 45 I/A Court H.R. Matter of Juan Sebastián Chamorro et al. regarding Nicaragua. Provisional Measures. Order of the Inter-American Court of Human Rights of June 24, 2021, para. 36. 10

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