21.
According to the applicant, the proposed beneficiary has not been placed before a judge's
order and her whereabouts are unknown to date. There is unofficial information that she was transferred to
the maximum security prison “El Chipote” in Managua, but has not been located by her family. Ms. Ana Aurora
James, sister of Ms. Henriquez James, has looked for the proposed beneficairy in the detention centers. Police
authorities reportedly did not provide the reason for her arrest or her location. The family is reportedly
concerned about her health as she has chronic health conditions and is hypertensive.
22.
After the proposed beneficiary's arrest, the police forces were reportedly protecting her home
in the city of Bilwi, Autonomous Region of the North Caribbean Coast. There is also unofficial information which
states that there is a list of people who the National Police is searching for.
23.
To date, the proposed beneficiary has not been the subject of a legal procedure that strips her
of her 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 of the House of
Representatives.
24.
The request indicates that the proposed beneficiary is at risk considering the particular
context that Nicaragua is experiencing and in view of the fact that, as an indigenous leader and member of the
House of Representatives as an opponent of the government, she has not been put before a judge after her
arrest, which they consider illegal and arbitrary. Her detention conditions (place of detention, physical
condition, and health or the treatment she receives, despite suffering from previous illnesses) are also
unknown. Her whereabouts are also still unknown. The applicants consider that Ms. Henriquez James 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.
25.
Lastly, the applicant mentions the cancellation of the legal status of YAMATA by the Supreme
Electoral Council by resolution of October 3, 2023.30 The resolution indicates that the legal representatives of
the organization have acted in flagrant violation of Law No. 1055, Law for the Defense of the People's Rights to
Independence, Sovereignty and Self-Determination for Peace. In particular, it was indicated that its legal
representative, Brooklyn Rivera Bryan and other directors, “have been publicly expressing a discourse that
distorts and falsifies the reality of the country”. However, the applicant indicated that the legal representative
is the proposed beneficiary Henríquez James. The applicant emphasizes that the law referred to is the one that
has been applied to the 222 persons referred to as “released political prisoners” currently exiled and
denationalized since February 9, 2023.
B.
Information provided by the State
26.
In this matter, the IACHR requested information from the State on October 4, 2023. However,
the State has not submitted information to date.
IV. ANALYSIS OF THE ELEMENTS OF SERIOUSNESS, URGENCY, AND IRREPARABLE HARM
27.
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
30
The applicant has attached certification of the aforementioned resolution.
6