42.
Regarding the requirement ofirreparable harm, the Commission considers that it has been
met, since the potential impact on the rights to life and personal integrity constitutes the maximum situation
of irreparable harm.
V. BENEFICIARIES
43.
The Commission declares Nancy Elizabeth Henriquez James to be the beneficiary, who is duly
identified in this proceeding.
VI. DECISION
44.
The Inter-American Commission considers that this matter meets, prima facie, the
requirements of seriousness, urgency, and irreparable harm set forth in Article 25 of its Rules of Procedure.
Consequently, it requests that Nicaragua:
a) adopt the necessary measures to determine the situation and whereabouts of Mrs. Nancy Elizabeth
Henriquez James, in order to protect her rights to life and personal integrity;
b) report on the conditions of detention in which he is currently held. In particular, inform about the
place of his detention, allowing 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 them from reoccurring.
45.
The Commission requests that the State of Nicaragua report, within 15 days as from the day
after the notification of this resolution, on the adoption of the precautionary measures granted and to regularly
update this information.
46.
The Commission emphasizes that, in accordance with Article 25(8) of its Rules of Procedure,
the granting of this precautionary measure and its adoption by the State do not constitute a prejudgment on
any violation of the rights protected under the applicable instruments.
47.
The Commission instructs its Executive Secretariat to notify this resolution to the State of
Nicaragua and the applicant.
48.
Approved on October 11, 2023, by Margarette May Macaulay, President; Esmeralda
Arosemena de Troitiño, First Vice-President; Julissa Mantilla Falcón; Carlos Bernal Pulido; and José Luis
Caballero Ochoa, members of the IACHR.
Jorge H. Meza Flores
Assistant Executive Secretary
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