RESOLUTION Nº 9/86
1. The petition
received by the Inter-American Commission on Human Rights on April 9,
1984, according to which:
MARCELO MARTINEZ GARCIA, aged 35 years, married, a farmer and resident
in the Boca de Baná District, Department of Nueva Segovia, was arrested
on January 6, 1983 in his house by the Quilalí Border Guards. A search
was made for him in the Quilalí Commando, the prisons of Ocotal, Estelí
and Matagalpa but no information concerning him was obtained.
ALEJANDRO MARTINEZ GARCIA, the brother of the foregoing, aged 25 years,
married, a farmer and resident of the Baná Centro Area, Wiwilí
District, Department of Nueva Segovia, was arrested together with his
brother Santos Marcelo on January 6, 1983 by the Quilalí Border Guards.
family members of the above-mentioned were recently informed that they
had been found dead, which version it has not been possible to confirm.
transmission of the pertinent parts of that petition to the Government
of Nicaragua through the note of June 18, 1984, requesting it to provide
such information as it deemed appropriate, as well as any information
that would make it possible to ascertain whether, in the case that is
the subject matter of this petition, the remedies of domestic law had
communication of January 18, 1985, which repeated the request for
information of April 9, 1984.
4. The repetition
of the request for information made in the note of February 26, 1986,
which informed the Government of Nicaragua that, should such information
not be provided within the 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 and that, in addition, the
requirements of domestic law have been exhausted.
2. That by reason
of their nature, the facts that are the subject matter of the petition
do not permit the application in this case of the friendly settlement
3. 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.
4. That the
Government of Nicaragua, in addition to not replying to reiterated
requests for information, has so far not allowed 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.
5. That the
Government of Nicaragua has not presented observations to Resolution Nº
9/86 which was transmitted to it.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To consider
true the facts reported in the communication of April 9, 1984 concerning
the arrest and subsequent death of Messrs. Santos Marcelo Martínez García
and Félix Alejandro Martínez García.
2. To declare that
the Government of Nicaragua has violated the right to personal liberty
(Article 7) and the right to life (Article 4) 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 for the purpose of identifying the persons
responsible and prosecuting and punishing them in accordance with the
law and that it adopt the necessary measures to prevent the reoccurrence
of such serious events.
4. 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