RESOLUTION Nº 19/83

Cases 5154, 7313, 7314, 7316, 7320

NICARAGUA

BACKGROUND:

The Inter-American Commission on Human Rights during its 58th regular session, approved on November 23, 1982 Resolution Nº 52/82 on Case Nº 5154, and on April 15, 1983, during its 59th regular session, Resolutions Nos. 3/83, 4/83, 6/83 and 7/83, relating to cases Nºs. 7313, 7314, 7316 and 7320 respectively, which are included in this Annual Report.

2.          The said Resolutions were communicated to the Government of Nicaragua by note of May 8, 1983.

3.          The Government of Nicaragua, by means of note Nº 947/83 MPN/OEA, dated September 19,1983, transmitted by its Permanent Mission to the Organization of American States, requested that these Resolutions be reconsidered.

WHEREAS:

1.          Article 50.3 of the Commission's Regulations, denied from Article 23 (1) of its Statute, elaborates on the norms set forth in Article 44-51 of the American Convention on Human Rights, grants to the States subject of the Commission's resolutions, the right to request "reconsideration of the conclusions or recommendations in the Commission's report", however, this right is subject to two conditions: (a) that the petition be presented "prior to the expiration of the deadline" set forth in the Resolution for the implementation of the Commission's recommendations, (b) that the State in question invoke "new facts or arguments" which merit the reconsideration of the Resolution.

2.          That the deadline established by the Commission within which the Government of Nicaragua was to have implemented the Commission's recommendations expired prior to its petition requesting reconsideration.

THE INTER AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:

1.          To declare that the reconsideration requested of Resolutions Nºs. 52/82, 3/83, 4/83, 6/83, and 7/83, is denied, since the time period within which such a request should have been presented as set forth in these Resolutions, has elapsed, and consequently these Resolutions, as well as the present one, are to be included in the Annual Report which the Commission will present to the next General Assembly of the Organization of American States, pursuant to Article 50 (5) of the Regulations.