RESOLUTION Nº 3/83
1. By a
communication dated February 1, 1980, the following complaint was lodged
with the Inter-American Commission on Human Rights:
arrest and disappearance of Guillermo José Chavez Rosales, student, 19
years of age, in Managua, on July 27, 1979, is denounced. He was
captured by two members of the Sandinista People's Army, one of them
identified as Carlos Román Pizzi (Barricada). He was taken to the
grounds of the David and René Peralta Complex, previously the Military
Academy. Since then, nothing is known of the whereabouts of Guillermo
José. It is presumed that he was shot to death.
2. In a written
communication of June 8, 1980, the Commission transmitted the pertinent
parts of this complaint to the Government of Nicaragua, requesting that
it provide the information it deems pertinent with respect to the
whereabouts of Mr. Chavez Rosales.
3. In a written
communication dated January 27, 1981, the Commission reiterated the
request for information to the Government of Nicaragua making it aware
that, if such 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, would be presumed to be true.
1. That, to this
date, the Government of Nicaragua has not responded to the Commission's
requests for information with respect to the foregoing case.
2. That due to 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 a hearing to reach and amicable solution as provided for in the
3. 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 1, 1980, relating to the arrest and
disappearance of the student Guillermo José Chavez Rosales.
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 an exhaustive investigation
of the facts to establish the direct or indirect responsibility of those
persons involved in order that the corresponding legal sanctions be
applied, and communicate to the Commission, within sixty days, the
4. To communicate
this resolution to the Government of Nicaragua and to the complainants.
5. Should the
Government of Nicaragua fail to 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.
The Government of Nicaragua, by way of its note of September 19,
1983 requested reconsideration of this Resolution. The IACHR Studied
the request and adopted the Resolution which appears on page 120 of
this Annual Report.