RESOLUTION Nº 4/83[1]

CASE 7314

NICARAGUA

April 15, 1983

BACKGROUND:

1.          By means of a communication dated February 5, 1980, the following complaint was made to the Inter-American Commission on Human Rights:

The kidnapping in Las Colinas, of Mr. José Joquín Quezada Rodríguez, engineering student, is denounced. The victim is 23 years old. He was captured by members of the Sandinista People's Army, at 6:00 a.m. on August 16, 1979, at the house of Mr. José Luis Pravia, located in Las Colinas. Through a prisoner who was set free, it was learned that José Joaquín was at El Chipote, but since then, no one knows of his whereabouts. We wish to know where he is being held and what are the charges against him.

2.          In a written communication dated June 20, 1980, the Commission transmitted the pertinent parts of this complaint to the Government of Nicaragua requesting that it provide the appropriate information.

3.          In a written communication of January 27, 1981, the Commission reiterated the request for information to the Government of Nicaragua pointing out that if that information was not provided within the legal deadlines established, in application of Article 39 of the Regulations the facts reported in the petition, whose pertinent parts have been transmitted to the government, will be presumed to be true.

CONSIDERING:

1.          That, to this date, the Government of Nicaragua has not responded to the Commission's requests for information relating to the foregoing case.

2.          That, from the absence of an answer by the Government of Nicaragua to the Commission's request for information, it is inferred that there are no grounds to hold the hearing to reach an amicable solution as provided in the Commission's Regulations.

3.          That Article 39 of the Regulations establishes the following:

Article 39

The facts reported in the petition whose pertinent parts have been transmitted to the government of the state in reference shall be presumed to be true if, during the maximum period set by the Commission under the provisions of Article 31, paragraph 5, the government has not provided the pertinent information, as long as other evidence does not lead to a different conclusion.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:

1.          Based on Article 39 of the Regulations, to presume as true the facts denounced in a communication dated February 5, 1980, relating to the kidnapping and disappearance of José Joaquín Quezada Rodríguez.

2.          To declare that the Government of Nicaragua violated Article 4 (right to life), Article 7 (right to personal liberty) and Article 8 (judicial guarantees) of the American Convention on Human Rights.

3.          To recommend to the Government of Nicaragua that it conduct the most exhaustive investigation to determine those responsible for the facts reported in order that the corresponding legal sanctions may be applied, and communicate to the Commission, within a maximum period of sixty days, the decision adopted.

4.          To communicate this resolution to the Government of Nicaragua and to the complainants.

5.          If the Government of Nicaragua does not submit observations by the expiration of the deadline established in paragraph 3 of this resolution, the Commission will include this resolution in its Annual Report to the General Assembly of the Organization of American States, in accordance with Article 59, paragraph (g), of the Commission's Regulations.