RESOLUTION Nº 5/83
1. On February 6,
1980 the following complaint was presented to the IACHR:
denounce the arrest of Mr. Juan José Munguía Medina, chief of a shrimp
hatchery in the city of Chinandega, Nicaragua. The victim is 33 years
old. He was captured on July 24, 1979, in the city of Chinandega and
remained for 5 days at the Command Post located in the Cosiguina Hotel,
under the authority of Comrade Hernán and his assistant Comrade
Carolina. He was then taken from there to an unknown destination. Since
then, no one knows the whereabouts of Juan José. To date, we have
visited all the jails in Chinandega as well as in Managua without
positive results. We fear for his life.
2. In a written
communication of June 10, 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 indicating that if that
information was not provided within the legal deadlines established, the
facts reported in the petition, whose pertinent parts have been
transmitted to the government, would be presumed to be true, in
application of Article 39 of the Regulations.
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
requests for information, it is inferred that there are no grounds to
hold the hearing to reach an amicable settlement 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 the communication dated February 6, 1980, with respect to the arrest
and disappearance of Juan José Munguia Medina.
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 denounced facts, in
order that the corresponding legal sanctions be applied, and communicate
to the Commission, within 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 its 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