RESOLUTION Nš 12/86
1. The petition received by the Inter-American Commission on Human Rights on April 9, 1984, according to which:
CRUZ HERRERA, aged 26 years, single, a farmer and resident of San Marcos
de Abajo, District of San Rafael del Norte, Jinotega, left his house in
the company of friends on May 17, 1983, and has not returned.
June 3, 1983, his family members were informed that he was under arrest
in the State Security prison known as "Las Tejas", under
investigation. When they went there, they were requested to return
within fifteen days to learn the results of the investigation. On June
16 when they returned, they were informed that he had been transferred
to Jinotega on the orders of the State Security. In addition, his family
members were informed by a prisoner who was released that Pastor Cruz
Herrera had actually been detained there since they had been together in
the same cell. However, authorities in the State Security prisons of
Jinotega and Matagalpa deny his detention.
transmission of the pertinent parts of that petition to the Government
of Nicaragua in the note of June 18, 1984, requesting it to provide any
pertinent information as well as any other information in order to
ascertain whether the remedies of domestic law had been exhausted.
communication of January 18, 1985 which repeated the request for
information of June 18, 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 a period of thirty days pursuant to Article 42 of
the Regulations, the facts reported would be considered to be true.
12/86 approved by the Commission and transmitted to the Government of
Nicaragua and the observations presented by the Government.
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 stipulate 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, in
addition to not replying to the repeated requests for information, the
Government of Nicaragua 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 in its
observations to Resolution 12/86 the Government of Nicaragua stated that
Mr. Pastor Cruz Herrera has not been detained and that there exist no
restrictions regarding his freedom of movement in the country, adding
information supplied by the claimants does not appear to correspond with
reality. It is relevant to point out to this Honorable Commission that
the places where this person was allegedly detained are zones in which
counterrevolutionary bands enter and leave and in which a climate of
danger and movement typical of war zones exists. In such zones, in which
the backwardness is most notorious, there is not even a population
census. The above circumstances impede the rapid gathering of
observations of the Government are a general response and do not address
the details of the facts presented by the claimant, for which reason the
Commission finds that these observations do not cast doubt upon the
conclusions to which it arrived in Resolution 12/86.
7. That the
General Assembly of the Organization of American States declared in
Resolution 666 (XIII-0/83) that "The practice of the forced
disappearance of persons in the Americas is an affront to the conscience
of the hemisphere and constitutes a crime against humanity."
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 disappearance of Mr. Pastor Cruz Herrera.
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 order a thorough investigation of
the facts reported in order to identify the persons responsible, bring
them to trial, and adopt the necessary measures to prevent the
repetition 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