RESOLUTION Nº 4/83
April 15, 1983
1. By means of a
communication dated February 5, 1980, the following complaint was made
to the Inter-American Commission on Human Rights:
kidnapping in Las Colinas, of Mr. José Joquín Quezada Rodríguez,
engineering student, is denounced. The victim is 23 years old. He was
captured by members of the Sandinista People's Army, at 6:00 a.m. on
August 16, 1979, at the house of Mr. José Luis Pravia, located in Las
Colinas. Through a prisoner who was set free, it was learned that José
Joaquín was at El Chipote, but since then, no one knows of his
whereabouts. We wish to know where he is being held and what are the
charges against him.
2. In a written
communication dated June 20, 1980, the Commission transmitted the
pertinent parts of this complaint to the Government of Nicaragua
requesting that it provide the appropriate information.
3. In a written
communication of January 27, 1981, the Commission reiterated the request
for information to the Government of Nicaragua pointing out that if that
information was not provided within the legal deadlines established, in
application of Article 39 of the Regulations the facts reported in the
petition, whose pertinent parts have been transmitted to the government,
will be presumed to be true.
1. That, to this
date, the Government of Nicaragua has not responded to the Commission's
requests for information relating to the foregoing case.
2. That, from the
absence of an answer by the Government of Nicaragua to the Commission's
request for information, it is inferred that there are no grounds to
hold the hearing to reach an amicable solution as provided in the
3. That Article 39
of the 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.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. Based on
Article 39 of the Regulations, to presume as true the facts denounced in
a communication dated February 5, 1980, relating to the kidnapping and
disappearance of José Joaquín Quezada Rodríguez.
2. To declare that
the Government of Nicaragua violated Article 4 (right to life), Article
7 (right to personal liberty) and Article 8 (judicial guarantees) of the
American Convention on Human Rights.
3. To recommend to
the Government of Nicaragua that it conduct the most exhaustive
investigation to determine those responsible for the facts reported in
order that the corresponding legal sanctions may be applied, and
communicate to the Commission, within a maximum period of sixty days,
the decision adopted.
4. To communicate
this resolution to the Government of Nicaragua and to the complainants.
5. If the
Government of Nicaragua does not submit observations by the expiration
of the deadline established in paragraph 3 of this resolution, 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.
The Government of Nicaragua, by way of its note of September 19,
1983, requested reconsideration of this Resolution. The IACHR
studied the request and adopted the Resolution which appears on page
120 of this Annual Report.