RESOLUTION Nº 55/82
1. In a
communication dated February 6, 1980, the Inter-American Commission on
Human Rights received the following complaint:
Eligio Lara Pérez, former private in the National Guard, surrendered to
members of the FSLN in Puerto Morazán, El Viejo jurisdiction,
Chinandega, on July 22, 1979. He was sent to El Viejo Command and then
to Chinandega. He was transferred to different commands; to the one
located at Las Betlemitas, the one at the San Luis College and finally
to the one located at the Navarro Farm, from where he disappeared on
July 27, 1979.
persons responsible for the prisoners were: Emerson Velásquez (Hernán),
Salvatore and another known as Williams. As of the date of this
complaint, his whereabouts are not known.
2. In a written
communication dated May 22, 1980, the Commission transmitted the
pertinent parts of this complaint to the Government of Nicaragua,
requesting that it provide the appropriate information.
3. When no answer
was received from the Government, in a written communication dated
January 27, 1981, the Commission reiterated the request for information
to the Nicaraguan Government.
4. The Commission
has received a different report suggesting that Mr. Lara Pérez has been
1. That, to this
date, the Government of Nicaragua has not responded to the Commission's
requests for information.
2. That Article 39
of the Regulations establishes the following:
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.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. Based on
Article 39 of the Regulations to presume to be true the facts denounced
in a communication dated February 6, 1980, relating to the disappearance
of Pedro Eligio Lara Pérez, former private in the National Guard.
2. To declare that
the Government of Nicaragua has violated Article 4 (right to life)
Article 7 (right to personal liberty) and Article 5 (right to personal
integrity) of the American Convention on Human Rights.
3. To recommend to
the Nicaraguan Government that it investigate the facts denounced and
inform the Commission within sixty days whether Mr. Lara Pérez is under
detention or dead.
4. To communicate
this resolution to the Government of Nicaragua and to the complainants.
5. If at the
expiration of the sixty-day period the Government of Nicaragua has not
provided information with respect to the measures taken, the Commission
will include this resolution in the Commission's Annual Report to the
General Assembly of the Organization of American States, in accordance
with Article 59, paragraph (g) of the Commission's Regulations