RESOLUTION Nº 10/86
1. The petition
received by the Inter-American Commission on Human Rights on April 9,
1984, according to which:
DANIEL VALLECILLO SANCHEZ, a farmer and resident of Chinandega, was
arrested at home on January 18, 1983 at 6:00 a.m. by six individuals,
three dressed in civilian clothes and the other three dressed in
military uniform, who arrived in a state-owned green jeep and who, in
addition, searched the house alleging that they were looking for arms.
search has been made for him in the prisons of the Penitentiary System
of Chinandega and León, as well as in the State Security Prison of the
II Region and in Managua, without any information on his whereabouts
transmission of the pertinent parts of this petition to the Government
of Nicaragua through the note of June 18, 1984, requesting it to provide
such information as it deems pertinent as well as any information making
it possible to ascertain whether, in the case it is the subject matter
of this request, the remedies of domestic law had been exhausted.
communication of January 18, 1985, which reiterated the request for
information of June 18, 1984.
4. The reiteration
of the request for information made through the note of February 26,
1986, which informed the Government of Nicaragua that, should that
information not be provided within a period of thirty days pursuant to
Article 42 of the Regulations, the facts reported would be presumed to
response of the Nicaraguan Government, dated April 22, 1986, according
to which "the competent authorities...have communicated that the
State Security Directorate informs that Mr. Vallecillo is not listed as
having been detained."
1. That the
Nicaraguan Government's response is of a general nature and therefore,
does not contain sufficient elements which place in doubt the charges
presented by the claimant, since the facts presented by the latter
convincingly set forth the circumstances in which the arrest of Mr.
Vallecillo Sanchez by the Nicaraguan military occurred.
requirements of domestic law have been exhausted, and 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 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.
4. That the
General Assembly of the Organization of American States declared by
Resolution 666 (XIII-O/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. Joaquín Idanuel
2. To declare that
the Government of Nicaragua has violated the right to personal liberty
(Article 7) and the right to life (Article 4) embodied 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 and that it adopt
the necessary measures to prevent the recurrence 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