21. According to the applicants, to date, the proposed beneficiary’s location is unknown. Unofficially, there is information that he was transferred to the city of Managua, but he was not located in the detention centers and the police authorities did not inform the grounds for his arrest. His family is reportedly concerned about his health, as he has respiratory problems as a result of COVID-19. Following the arrest of Mr. Rivera Bryan, police forces took over the headquarters of the YATAMA organization known as the “green house”, located in the city of Bilwi, as well as the YAPTI TASBA community radio stations, located in the cities of Bilwi and Waspam.30 22. To date, the proposed beneficiary has not been subject to legal proceedings to strip him of his parliamentary immunity as a regional member of the House of Representatives for the YATAMA organization. However, he has since been removed from the Assembly’s list of members. 23. Lastly, the request states that the proposed beneficiary is allegedly at risk considering the particular context Nicaragua is experiencing and in view of the fact that, as an indigenous leader and member of the House of Representatives who opposes the government, he has not been brought before a judge following his detention, which is considered illegal and arbitrary. His detention conditions (place of detention, physical condition, and health or the treatment he receives, despite suffering from previous illnesses) are also unknown. His whereabouts are still undetermined. The applicants consider that Mr. Rivera Bryan’s situation is not an isolated situation, but rather part of the arbitrary detention, criminalization of opponents, and human rights defenders, as well as the subsequent lack of medical attention for persons deprived of liberty for political reasons. B. Information provided by the State 24. In this matter, the IACHR requested information from the State on October 2, 2023. However, the State has not submitted information to date. IV. ANALYSIS OF THE ELEMENTS OF SERIOUSNESS, URGENCY, AND IRREPARABLE HARM 25. The precautionary measures mechanism is part of the Commission’s function of supervising compliance with the human rights obligations established in Article 106 of the Charter of the Organization of American States (“OAS”), based on Article 41(b) of the American Convention on Human Rights (“American Convention”) and Article 18(b) of the IACHR Statute. Furthermore, the mechanism of precautionary measures is described in Article 25 of the Rules of Procedure, according to which the Commission grants precautionary measures in situations that are serious and urgent as well as necessary to prevent irreparable harm. 26. The Inter-American Commission and the Inter-American Court of Human Rights (“the InterAmerican Court” or “I/A Court H.R.”) have repeatedly established that precautionary and provisional measures have a dual nature, both protective and precautionary.31 Regarding the protective nature, these measures seek to avoid irreparable harm and protect the exercise of human rights.32 To do this, the IACHR shall assess the 30 31 32 The request attaches an official letter from the National Institute of Telecommunications and Postal Service (TELCOR) dated September 2023 (day illegible) addressed to the proposed beneficiary as legal representative of YATAMA, ordering the immediate cease of its transmission since it was said to be operating the broadcasting service in an illegal manner. See in this regard: I/A Court H.R. Matter of the Yare I and Yare II Capital Region Penitentiary Center. Request for Provisional Measures submitted by the IACHR regarding the Bolivarian Republic of Venezuela. Order of the Inter-American Court of Human Rights of March 30, 2006, considerandum 5; I/A Court H.R. Case of Carpio Nicolle et al. v. Guatemala. Provisional Measures. Order of July 6, 2009, considerandum 16. See in this regard: I/A Court H.R. Matter of Capital El Rodeo I and El Rodeo II Judicial Confinement Center. Provisional Measures regarding Venezuela. Order of the Court of February 8, 2008, considerandum 8; I/A Court H.R. Bámaca Velásquez Case. Provisional Measures regarding Guatemala. Order of the Court of January 27, 2009, considerandum 45; I/A Court H.R. Case of Fernández Ortega et al. Provisional Measures regarding Mexico. Order of the Court of April 30, 2009, considerandum 5; I/A Court H.R. Matter of Milagro 6