36.
Considering the information available to date, the Commission understands that the family
members do not have any information on the legal situation of the proposed beneficiary which would allow
them to know: the reasons for his detention; the existence of an arrest warrant, whether it was subject to
judicial review; the location where he would eventually be transferred; the detention conditions in which he is
being held; the possibilities of contacting a trusted lawyer; the procedural status of the investigation for which
he was detained; the existence of an investigation file against him; any health care he may have received; among
others. Since he is a regional member of the House of Representatives in the Nicaraguan Assembly, the
Commission has not been informed of the existence of the corresponding legal procedure to strip the proposed
beneficiary of his parliamentary immunity. The proposed beneficiary is subjected to a situation of total
incommunicado detention by state agents, which is further aggravated by the impossibility of knowing where
he is being held. This prevents their relatives and close people from timely activating internal mechanisms to
protect his rights. In this regard, the Commission recalls that the Inter-American Court has indicated, in the
Matter of Juan Sebastián Chamorro et al. v. Nicaragua, that “detention without communication not only makes
it impossible to verify the current situation of the proposed beneficiaries, their conditions of detention, and
their health status, but it also implies a curtailment of the procedural guarantees of all detainees.”45
37.
In view of the foregoing considerations and in light of the prima facie standard, the
Commission considers that the rights to life and personal integrity of Brooklyn Rivera Bryan are at serious risk
given that, since September 29, 2023 to date, there has been no news of his fate or whereabouts after being
detained by State agents.
38.
Regarding the requirement of urgency, the Commission deems that it has been met, inasmuch
as the passage of time without establishing his whereabouts is likely to generate greater impacts on the rights
to life and personal integrity of the proposed beneficiary. In this sense, after the proposed beneficiary was
arrested, his whereabouts have not been known, nor has any information been obtained about his location or
regarding any investigative measures to determine his whereabouts.
39.
Regarding the requirement of irreparable 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
40.
proceeding.
The Commission declares Brooklyn Rivera Bryan a beneficiary, who is duly identified in this
VI. DECISION
41.
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 Mr. Brooklyn Rivera
Bryan, in order to protect his rights to life and personal integrity;
b) report on the detention conditions in which he is currently held. In particular, report on the place of
his detention, and allow access to his lawyers and family, as well as the necessary health care; and
45
I/A Court H.R. IA Court H.R. Matter of Juan Sebastián Chamorro et al regarding Nicaragua. Provisional Measures. Order of the
Inter-American Court of Human Rights of June 24, 2021, paragraph 36.
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