government and, in general, towards any person critical of the current Nicaraguan government. 42 This
particularly hostile context has intensified over time43. Thus, the Commission considers that the proposed
beneficiary's situation is not an isolated event, but rather takes place within the current context of Nicaragua,
characterized by the practice of arresting and criminalizating human rights defenders and political
opponents.44
33.
Taking into account the preliminary aspects and the particular context that Nicaragua is
experiencing and the alleged unknown whereabouts of the proposed beneficiary, the Commission will proceed
to analyze the procedural requirements regarding Ms. Henríquez James in Nicaragua.
34.
With regard to the requirement of seriousness, the Commission takes into account, based on
the information available, that the proposed beneficiary's whereabouts have been undetermiend since October
1, 2023, following her arrest by police officers.
35.
The Commission notes that the proposed beneficiary currently acts as a regional member of
the House of Representatives and president of the organization YATAMA (Yapti Tasba Masraka Nanih
Aslatakanka, “Sons of Mother Earth United”) whose purpose is to vindicate the territorial rights of indigenous
peoples on the Caribbean Coast and has been at the forefront of the struggle for the vindication of the rights of
indigenous and Afro-descendant peoples. YATAMA was also part of the National Coalition along with several
civil society organizations and political parties, to become a political option.
36.
The proposed beneficiary has exercised in activities of a political nature, in her capacity as
president and legal representative of the YATAMA organization and as a regional member of the House of
Representatives. Recently, Ms. Henríquez James took over as member of the House of Representatives upon
replacing Deputy Brooklyn Rivera Bryan after his participation in the United Nations Permanent Forum on
Indigenous Issues, where he denounced the situation of indigenous and Afro-descendant peoples in Nicaragua.
37.
The Commission observes that, in the afternoon of October 1, 2023, the proposed beneficiary
was approached by agents of the National Police at the entrance of the residential “Las Delicias” in Managua.
The Commissioner of District 3 of the National Police informed the proposed beneficiary that she would be
transferred to Mr. Brooklyn Rivera Bryan's hearing. Unofficial information indicated that she had been
transferred to the “El Chipote” prison. However, to date, the proposed beneficiary's whereabouts are unknown,
and her relatives have been unable to locate her in any detention center. The police authorities have not
reported the grounds for her arrest. In addition, the information provided in this matter indicates that the
proposed beneficiary has not been subject to any legal proceeding that has stripped her of her parliamentary
immunity while she holds the position of regional member of the House of Representatives in the Nicaraguan
Assembly. Notwithstanding, she was reportedly removed from the list of members of the House of
See in this regard: IACHR. 2022 Annual Report. Chapter IV.B Nicaragua, para. 35-65, 177; Press Release No. 123/23. IACHR Rejects
Continued Repression and Human Rights Violations in Nicaragua. June 16, 2023; IACHR, Press Release No. 184/23. Nicaragua:
IACHR and OHCHR urge the State to release Monsignor Rolando Álvarez and guarantee his human rights. August 18, 2023; IACHR,
Press Release No. 218/23. IACHR Urges the State of Nicaragua to Cease Persecution of the Catholic Church. September 15, 2023;
IACHR. Press Release No. 152/21. IACHR Condemns the Serious Escalation of Repression in Nicaragua. June 18, 2021; IACHR. Press
Release No. 2/21. IACHR Condemns Growing Harassment in Nicaragua. January 6, 2021.
43
See in this regard: 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; IACHR. 2020 Annual Report. Chapter
IV.B Nicaragua, paras. 46 to 52.
44See in this regard: IACHR. 2022 Annual Report. Chapter IV.B Nicaragua, para. 39-49, 177; IACHR. IACHR. Press Release No. 197/2022.
IACHR and Its SRESCER Call for Immediate Release of Political Prisoners Being Held in Appalling Conditions in Nicaragua.
September 5, 2022; IACHR, Press Release No. 24/2023. The IACHR and OHCHR condemn the escalation of human rights violations
in Nicaragua. February 17, 2023. Press Release No. 123/23. IACHR Rejects Continued Repression and Human Rights Violations in
Nicaragua. June 16, 2023; IACHR, Press Release No. 184/23. Nicaragua: IACHR and OHCHR urge the State to release Monsignor
Rolando Álvarez and guarantee his human rights. August 18, 2023; IACHR, Press Release No. 218/23. IACHR Urges the State of
Nicaragua to Cease Persecution of the Catholic Church. September 15, 2023.
42
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