RESOLUTION Nº 57/82
November 23, 1982
1. In a communication dated February 1, 1980, the Inter-American Commission on Human Rights received the following complaint.
Carrero Roque, former treasurer in the Mayor's Office of El Jicaral, was
arrested on July 20, 1979, by the Santa Rosa del Peñón Squad commanded
by José Manuel Moreno and later handed over to Bill (Eliodoro Conrado)
of the León Staff. He was held for two days in the jail located at the
Subtiava Education Center and then disappeared.
Bill said that he had executed him under orders from the Staff; however,
there are persons who claim to have seen him at the Tipitapa
2. In a written
communication dated May 22, 1980, the Commission transmitted the
pertinent parts of the complaint to the Government of Nicaragua,
requesting that it provide the information it deemed appropriate.
3. When no answer
was received from the Government of Nicaragua, the Commission, in a
written communication dated January 27, 1981, reiterated its requests
for information indicating the possible application of Article 39 of the
Regulations, pertaining to the presumption of truth of the facts.
Despite the foregoing and to this date, the IACHR has not received an
answer from the Government of Nicaragua.
1. That Article 39
of the Commission's 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.
2. That, to this
date, the Government of Nicaragua has not responded to the Commission's
request for information formulated in written communications dated May
22, 1980 and January 27, 1981.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. In application
of Article 39 of the Regulations, to presume to be true the facts
denounced in a communication dated February 1, 1980, with respect to the
illegal execution of Mr. Tomás Carrero Roque.
2. To point out to
the Government of Nicaragua that such acts constitute serious violations
of the right to life (Article IV) of the American Convention on Human
3. To recommend to
the Government of Nicaragua that it investigate the facts denounced and,
if applicable, punish those responsible and communicate to the
Commission, within a maximum of sixty days, the decision adopted in that
4. To communicate
this resolution to the Government of Nicaragua and to the complainants.
5. If at the expiration of the deadline established in paragraph 3 of this resolution the Government of Nicaragua has not submitted 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 Commission's Regulations.