28. As a preliminary aspect, the Commission considers it important to recall that in the Matter of Yatama v. Nicaragua,38 the Court ordered, by judgment of June 23, 2005, a series of measures and reparations to the State of Nicaragua. Among them, legislative reforms in electoral matters were ordered to guarantee the participation of members of indigenous and ethnic communities in electoral processes in an effective manner and taking into account their traditions, uses, and customs. It is worth mentioning the participation of Mr. Brooklyn Rivera Bryan as a witness, due to his status as participant and member of the House of Representatives for YATAMA, during the development of the Matter of YATAMA v. Nicaragua before the InterAmerican Court. The Commission highlights that, in its last judgment to monitor compliance with resolution of November 20, 2015, the Court concluded that, for more than five years, the State has failed to comply with its duty to report on the measures adopted from the Judgment issued on June 23, 2005. 39 Therefore, the Commission observes that the orders of the Inter-American Court are still pending. In this context, the proposed beneficiary as “main leader” of the YATAMA organization and regional member of the House of Representative in the National Assembly had been seeking its effective fulfillment by presenting several actions, such as legislative reforms in electoral matters. 29. Given the proposed beneficiary’s situation, the Commission recalls that, in relation to persons deprived of liberty in general, the State is in a special position of guarantor that implies the duty to respect their life, integrity, health, and other human rights, inasmuch as prison authorities exercise a strong control or command over the persons in their custody. 40 This is due to the unique relationship and interaction of subordination between the person deprived of liberty and the State, characterized by the particular intensity with which the State can regulate their rights and obligations, and by the very circumstances of imprisonment, where prisoners are prevented from satisfying on their own a series of basic needs that are essential for the development of a dignified life.41 30. In the matter at hand, the Commission observes that the alleged situation of risk that the proposed beneficiary faces takes place within the current context that Nicaragua is experiencing (referred to above), which is particularly hostile towards persons considered, perceived, or identified as opponents of the government and, in general, towards any person critical of the current Nicaraguan government. 42 This particularly hostile context has intensified over time. 43 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 criminalizing human rights defenders and political opponents.44 38 39 40 41 42 43 44 I/A Court H.R., Matter of Yatama v. Nicaragua, Judgment of Preliminary Exceptions, Merits, Reparations and Costs, June 23, 2005, Series C. No.127. I/A Court H.R., Matter of Yatama v. Nicaragua, Resolution of Supervision of compliance with the Judgment of November 20, 2015, resolutive 1 and 2. See in this regard: I/A Court H.R. Matter of Mendoza et al. v. Argentina. Preliminary objections, merits and reparations. Judgment of May 14, 2013. Series C No. 260. Para. 188; IACHR. Report on the Human Rights of Persons Deprived of Liberty in the Americas. OAS/Ser.L/V/II. Doc. 64. December 31, 2011. Para. 49. IACHR. Report on the Human Rights of Persons Deprived of Liberty in the Americas. OAS/Ser.L/V/II. Doc. 64. December 31, 2011. Paras. 49-50. 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. 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. See 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 8