The Inter-American Commission on Human Rights (IACHR) asked the Inter-American Court of Human Rights, on Friday, to address the breach in Argentine's preventive detention of Indigenous activist and lawmaker Milagro Sala.
On Wednesday night, Sala was sent back to the Alto Comedero prison despite her poor health state, about two weeks after the commission recommended that Argentina find “alternative measures” to preventive detention.
The commission, which is part of the Washington-based Organization of American States (OAS), can only issue non-binding recommendations while the regional court's sentences are binding.
The IACHR declared in a statement that Sala's situation met the requirements of “extreme seriousness, emergency and risks of irreparable damage” that would justify “provisional measures” according to Article 63.2 of the OAS' Human Rights Convention.
Sala is a founder of the Tupac Amaru neighborhood association and legislator to the Mercosur Parliament, or Parlasur, where her work involves administering public grants to build low-income housing in Argentina's northern province of Jujuy. She was arrested in January 2016 and detained until her transfer to house arrest on Aug. 30 on allegations of mishandling those funds and “inciting criminal acts” in a protest she led against authorities.
Sala denies any wrongdoing and says that racism plays a key role in her ongoing detention and being subjected to torture and receiving death threats.
When her initial trial began last Dec., Sala sarcastically apologized to the court and Jujuy state Governor Gerardo Morales, saying that she's sorry for “being Black and an Indian.”