RESOLUTION Nº 58/82
November 23, 1982
1. In a
communication dated February 6, 1980, the arrest of Mr. Celestino
Delgado Morales was denounced to the Inter-American Commission on Human
Delgado Morales, adult, married, chauffeur. On October 2, 1979, he
bought a car with the purpose of working as a taxicab driver. Mrs.
Teresa Centeno offered to sell him taxi license plates (No. 603). He
went with her to the Finance Ministry to effect the transfer of the
plates, but there he was told that there was another set of plates with
the same number under the name of Mr. Jerónimo Novas and to leave
matters as they were otherwise he would be jailed.
October 6, Mrs. Centeno, Celstino and José Isabel Dávila, went to the
Zone 7 Command next to the Benic de Las Palmas, because it had been
announced that there was a complaint that a vehicle with those plates
had been committing acts of harassment. They were arrested on that day
and later, Mrs. Centeno was set free.
it is not known is the whereabouts of Celestino Delgado Morales.
2. In a written
communication dated June 8, 1980, the Commission transmitted the
pertinent parts of the complaint to the Government of Nicaragua
requesting that it provide the information it deemed pertinent.
3. When no
response was received from the Government of Nicaragua the Commission,
in a written communication dated January 27, 1981, reiterated its
request for information indicating the possible application of Article
39 of the Regulations, referring to the presumption of truth of the
facts. Despite the above, thus far the IACHR has not received an answer
from the Government of Nicaragua.
4. The Commission
has received several reports confirming the arrest of Mr. Celestino
Delgado Morales in El Chipote.
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 reported
in communication dated February 6, 1980, referring to the arbitrary
arrest of Mr. Celestino Delgado Morales.
2. To declare that
the Government of Nicaragua violated Article 7 (right to personal
liberty) of the American Convention on Human Rights.
3. To recommend to
the Nicaraguan Government that it immediately release Mr.Celestino
Delgado Morales or bring him to trial within sixty days with the
guarantees for an adequate defense, if he is accused of some crime.
4. To communicate
this resolution to the Government of Nicaragua and to the complainants.
5. If at the
expiration of the deadline set in paragraph 3 of this resolution the
Government of Nicaragua has not presented observations, 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 Commissions's Regulations.