RESOLUTION Nº 3/86
1. The petition
received by the Inter-American Commission on Human Rights on June 6,
1983, according to which:
MUÑOZ BLANDINO, married, aged 44 years, by trade a carpenter, was
arrested on September 7, 1983 by State Security, and isolated for a
period of more than one month in a room with red stains and with
continuous noises during a certain time of the day. Place of residence
Esquipulas, Municipality of Matagalpa, father of 7 young children.
present he is in the Carlos Fonseca prison, in Matagalpa, accused of
being counterrevolutionary, has not been tried since he was arrested
more than 9 months ago and his state of health is delicate, he suffers
from ulcers and kidney problems in addition to mental problems, because
of the isolation to which he has been subjected.
MARTINEZ OROSCO, married, aged 43 years, by trade a carpenter, father of
5 young children, two of them wasted the school year looking for their
father and food for their mother who is also detained.
was arrested on June 5, 1982 by members of the State Security; in
isolation for a longer period and his family took 6 months to discover
of residence, Solingalpa Project in Matagalpa. He is in the Carlos
Fonseca prison in Matagalpa. Accused of being a counterrevolutionary.
His state of health is similar to that of the foregoing.
TIJERINO LUNA, married, aged 43, by trade a mechanic and father of two
was arrested by members of the State Security on November 2, 1982 and
kept for more than six days in a cell that only accommodates a person
standing up. At the beginning of the year he had been arrested by the
State Security and physically tortured for two months, leaving him with
an injured spine as a result of which he limps on his left leg. Place of
residence, Matagalpa, El Totalate neighborhood. He is in the Carlos
Fonseca prison. He is suffering from ulcers, arthritis, nervous problems
and a spinal injury. The legal medical examiner has ordered the
appropriate treatment for him but his order has so far not been carried
GARCIA CANTILLANO, bachelor, age 15 years, a farmer living with his
was arrested in June 1982 and accused of being a counterrevolutionary.
He was tortured in Rio Blanco, Municipality of Matagalpa, and coerced
into admitting his participation in counterrevolutionary bands. He lived
two days distance by road from Rio Blanco where he was arrested. He is
in the Carlos Fonseca prison in Matagalpa. His state of health is
delicate, he is suffering from ulcers, diarrhea and nervous problems.
transmission of the pertinent parts of this petition to the Government
of Nicaragua through the note of August 18, 1983, requesting it to
provide information it deemed pertinent as well as any information
regarding whether, in the case of the subject matter of this petition,
the remedies of domestic law had been exhausted.
communication of January 17, 1985 which repeated the request for
information of August 18, 1983.
4. The repetition
of the request for information of February 20, 1986, which informed the
Government of Nicaragua that should such information not be provided
within a period of thirty days, pursuant to Article 42 of the
Regulations, the facts reported would be presumed to be true.
1. That so far the
Government of Nicaragua has not replied to the request for information
made by the Commission concerning this case.
2. That Article 42
of the Regulations of the Commission stipulates 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 34, paragraph 5, the Government has not
provided the pertinent information, as long as other evidence does not
lead to a different conclusion.
3. That the
Government of Nicaragua, in addition to not responding to the repeated
requests for information, has so far not permitted a member of the
Commission and an official of the Secretariat to go to that country to
clarify certain aspects relating to this case, pursuant to the
provisions of Article 48.1 d of the American Convention on Human
Rights to which Nicaragua is a State Party.
4. That the
Nicaraguan Government did not present observations to Resolution Nº
3/86 which was transmitted to it.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To consider
true the facts reported in the communication of June 6, 1983 concerning
the arrest of Mauricio Muñoz Blandino, Francisco Martínez Orosco,
Alberto Tijerino Luna and Rosalío García Cantillano.
2. To declare that
the Government of Nicaragua has violated the right to personal liberty
(Article 7) the right to humane treatment (Article 5), and the right to
due process (Article 8) set forth in the American Convention on Human
Rights to which Nicaragua is a State Party.
3. To recommend to
the Government of Nicaragua that it conduct a thorough investigation of
the facts reported in order to identify the persons responsible and
prosecute and punish them in accordance with the law.
4. To recommend to
the Government of Nicaragua that, should it not have already done so, it
bring the persons affected before a competent tribunal to clarify their
5. To include this
resolution in its Annual Report to the General Assembly of the
Organization of American States, in accordance with Article 63, g
of the Regulations of the Commission, and to communicate it to the