RESOLUTION Nº 7/83
April 15, 1983
1. Through a communication dated January 26, 1980, the following complaint was submitted to the Inter-American Commission on Human Rights:
denounce the kidnapping of Mr. Manuel Montenegro Salazar who was held
at the Masaya Social Club Command where the person in charge was
Comrade Alvaro González (Antollín), who stated that Mr. Montenegro
had been executed.
Calero (Boanerges) is suspected of being responsible for the act,
because at the time of Mr. Montenegro's arrest Narciso Calero told him
that "he owed him and that he was going to pay." We fear for
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 dated January 27, 1981, the Commission reiterated its
request for information to the Government of Nicaragua informing it
that, if that information was not provided within the established
deadlines, the facts related 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 a response by the Government of Nicaragua, there are no
grounds to hold a hearing to reach an amicable settlement as provided
for in the Commission's Regulations.
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, relating to the
kidnapping and disappearance of Manuel Montenegro Salazar.
2. To declare that
the Government of Nicaragua has 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 persons directly or indirectly
responsible for such crimes in order that the applicable legal
sanctions be applied to them, and communicate the decision adopted to
the Commission within a maximum of sixty days.
4. To communicate
this resolution to the Government of Nicaragua and to the
5. If the
Government of Nicaragua has not submitted observations by the
expiration of the deadline set 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 of the Government and adopted the Resolution
which appears on page 120 of this Annual Report.