OEA/Ser.L/V/II.45
doc. 18 rev. 1
17 November 1978
Original: Spanish

REPORT ON THE SITUATION OF HUMAN RIGHTS IN NICARAGUA

(Findings of the “on-site” observation in

the Republic of Nicaragua

October 3 – 12, 1978)

INTRODUCTION

A.       Background Information on the On-Site Observation Carried Out by the Inter-American Commission on Human Rights

          COMPLAINTS RECEIVED BY THE IACHR IN RECENT YEARS

          In light of a large body of complaints, communications and other data alleging grave and repeated violations of human rights in Nicaragua, the Commission decided during its 44^th session, held in June, 1978, to prepare a report on the situation of human rights in that country. One of the most serious complaints received by the Commission concerned 338 peasants captured by the National Guard between 1975 and 1977. Credible sources declared that out of this group of campesinos, seventeen were finally released after having been imprisoned without trial for 18 months; the remaining 321 were never seen again and are presumed dead. These sources also declared that the farms of these persons presumed dead were appropriated by members of the National Guard, that the wives of many peasants were raped by members of the Guard, and that the Guard committed many other serious crimes against the campesino population of the surrounding rural area.

          THE ASSASSINATION OF DR. PEDRO JOAQUÍN CHAMORRO AND THE EVENTS OF JANUARY 1978

          Subsequent to the denunciation of these actions against the campesinos, there occurred on January 10, 1978, the assassination of the well-known journalist and political figure, Pedro Joaquín Chamorro, under circumstances that have yet to be clarified, an event that catalyzed a series of grave acts.

          A crowd of approximately 50,000 persons escorted the body of Dr. Chamorro from the Hospital Oriental to his residence; the next day serious disturbances occurred, and numerous demonstrators threw rocks and set fires to several business belonging to people linked to the Government. National Guard troops opened fire on the demonstrators, leaving several wounded, and shot tear gas into the offices of the La Prensa newspaper, where the body of Dr. Chamorro, the former Managing Editor, was lying in state.

          In support of the demand for a complete and impartial investigation of the assassination, the Unión Democrática de Liberación (UDEL)1 and a vast sector of private enterprise and workers' organizations called for a general strike which started on January 23 and paralyzed all business and transportation activities in the principal cities of the country until de second week of February. During this period there were daily demonstrations against the Government, which were harshly suppressed by members of the National Guard.

          There are no accurate statistics about the casualties resulting from these events; however, according to reports from witnesses, there were many wounded, and it is known that during the demonstrations of the 30^th and 31^st in the city of Matagalpa there were seven deaths and dozens wounded.

          During the strike there were new calls to investigate the disappearance of peasants and for the public appearance of political prisoners. Relatives of these people took over the Office of Program Development of the United Nations, and on January 30, a peaceful demonstration by women there was dispersed with tear gas. Several of these women were seriously wounded. The National Guard also dispersed another demonstration on behalf of prisoners and missing persons by throwing tear gas from helicopters among university students who had organized this demonstration. Some of these students were seriously injured when tear gas canisters landed on their heads.

          On January 28, the Government convened the National Committee for Emergencies in order to implement the Emergency Act. According to information received by the Commission, this Act was used to control the dissemination of news and to justify arbitrary searches of private homes.

          THE COMMISSION EXPRESSES ITS CONCERN AND REQUESTS INFORMATION ABOUT THESE EVENTS

          In view of this situation, and complaints received about alleged violations of human rights in Nicaragua, the Inter-American Commission on Human Rights, meeting in its 43^rd session in Caracas, decided to request prompt information from the Government with regard to the present status of human rights in Nicaragua.

          The Chairman of the Commission sent the following cablegram, dated February 3, 1978, to the Minister of Foreign Affairs of Nicaragua:

         Your Excellency:

         As Your Excellency knows, the Inter-American Commission on Human Rights has received the mandate from the member countries of the Organization of American States to promote respect for and keep vigilance over the observance of the rights set forth in the American Declaration of the Rights and Duties of Man (Charter of the OAS, Art. 150, and Statute of the IACHR, Art. 1).

         In the exercise of its powers, the Commission has received various complaints of alleged violations of these rights in Nicaragua. They are being processed as special cases, and at the proper time the ensuing resolutions will be forwarded.

         The Commission is now meeting in plenary in its 43^rd regular session, and has been advised, through reports disseminated by the media, of the special circumstances prevailing in your country.

         Since such circumstances could have serious consequences for the enforcement of human rights, the Commission has decided to avail itself of the authorization conferred on it by Article 9, paragraph d) of its Statute, to request that your Government provide us, as soon as possible, with a report on the present status of human rights in Nicaragua.

         I take this opportunity to express to Your Excellency my highest and most distinguished consideration.

         Andrés Aguilar M.

         Chairman

          By cablegram dated February 11, 1978, the Minister of Foreign Affairs of Nicaragua, Dr. Julio C. Quintana, replied in the following terms:

         Honorable Andrés Aguilar

         Chairman, IACHR

         Washington, D.C.

         Mr. Chairman:

         By means of a note from the Director of the Office of the General Secretariat of the OAS in Managua, Nicaragua, Dr. Mario Carmona Rivera, delivered by the Minister of Defense, General Heriberto Sánchez, on the 4^th inst., I received a message addressed to my distinguished predecessor, Dr. Alejandro Montiel Argüello, that advised me of the mandate of the IACHR to promote respect for and keep vigilance over the observance of the rights set forth in the American Declaration of the Rights and Duties of Man.

         Furthermore, at its 43^rd session held in Caracas, the Commission became aware through media reports of the special circumstances prevailing in this country, stating that these circumstances could result in serious consequences for the enforcement of human rights. Therefore, the Commission decided to avail itself of the authorization conferred on it by Art. 9, paragraph d) of its Statute, to request that the Government of Nicaragua provide, as soon as possible, a report on the present status of the aforementioned human rights in our country.

         Upon receipt of your message, I replied both to Caracas, from whence it originated, as well as to the headquarters of the Commission in Washington, D.C., offering to submit the requested information.

         In compliance with this offer, I am pleased to state to you that the Nicaraguan people enjoy full freedom and the exercise of the rights guaranteed by our Constitution and other law of the Republic, which incorporate and enforce human rights as part of our juridical tradition, in accordance with the Nicaraguan political reality based on a representative democracy. These guarantees and rights have not been suspended, in spite of violent events and subversive actions of extremist groups which threaten the peace of the Republic. In exercising these rights, last Sunday the citizenry freely cast their votes to elect municipal authorities throughout the Republic with the participation of the Nationalist Liberal Party and the Conservative Party of Nicaragua, through which the powers of the state are organized constitutionally, the latter party being the second political party of the nation.

         The Government of Nicaragua has always replied to the communications sent to it by the Commission regarding complaints about alleged violations of human rights, and has received no new complains as of this date. According to your message, these are being processed as special cases, and we await information about them in order to proceed opportunely with a careful consideration of their bases.

         The present situation which exists in my country, and which has been distorted by foreign forces for political purposes and disseminated abroad in order to damage the reputation of the country and the legally constituted government, could never bring about serious consequences for the enforcement of human rights which my government respects and promotes.

         The zeal of the Inter-American Commission is praiseworthy, both in keeping vigilance over and promoting the full enforcement of human rights, and I agree with such a healthy attitude, yet taking the liberty of calling your impartial attention to the existence of an organized propaganda campaign of extremist inspiration to discredit the constitutional government of Nicaragua, attempting to create a false situation contrary to the socio-political reality of the country, I feel that it is advisable to state to the Commission that subversive elements in infamous alliance with minority parties and a small number of business groups of great economic power, are involved in an incomprehensible alliance and propaganda campaign which in an incomprehensible alliance and propaganda campaign which wishes to overthrow the government and damage state institutions.

         In spite of the terrorism and violence of those who try to alter the established constitutional order and which are not unknown in most other countries of the world, freedom, security and the democratic constitutional order reign in Nicaragua by the will of the people and the consensus of the citizens who have repudiated the acts of vandalism which have occurred recently.

         I take advantage of this opportunity to reiterate the firmness of the juridical principles upon which the Government of Nicaragua is based, and its determination to comply with the rights set forth in the American Declaration of the Rights and Duties of Man, which are observed not only as part of an international instrument, but as natural, humane and civilized principles which sustain my government.

         I take this opportunity to renew my highest esteem for you.

         Julio C. Quintana

         Minister of Foreign Affairs

          THE COMMISSION DECIDES TO DRAFT A REPORT ON THE STATUS OF HUMAN RIGHTS IN NICARAGUA

          Although the general strike had ended in early February, the climate of tension was still apparent between the Government and most of the citizenry. The period between February and June was characterized by several confrontations between the National Guard and civilian groups, which resulted in numerous casualties.

          At the end of February, anti-government demonstrations in Diriamba, León, Boaco and Chinandega resulted in several deaths and casualties as well as numerous arrests and detentions. In the Subtiava district of León, alone, there were 20 deaths and 30 people wounded. The city of Masaya, which had risen en masse on February 27, surrendered after a week of fighting, leaving one hundred people dead and numerous wounded and missing persons. Seventeen persons died in several incidents occurring in the districts of Monimbó and Santa Rosa. There were similar events, on a smaller scale—demonstrations, arrests and casualties—in all of the principal cities of the country, creating a climate of hardship and uncertainty among the majority of the population.

          During this period, the Commission began to receive numerous new complaints of alleged violations of human rights occurring in Nicaragua and documented information of a serious nature.

          Considering the magnitude of these occurrences, the IACHR, at its 44^th session in June, in Washington, decided to draft a report reflecting the status of the observance of human rights in Nicaragua.

          THE GOVERNMENT OF NICARAGUA DECIDES TO INVITE THE IACHR TO CARRY AN ON-SITE OBSERVATION

          The decision to write this report was communicated by the Chairman of the IACHR to the Ambassador and Permanent Representative of Nicaragua to the Organization of American States, Dr. Guillermo Sevilla Sacasa, who was also informed that the purpose of the report was to depict faithfully the actual conditions of human rights in Nicaragua and that the Commission was confident that the Nicaraguan Government would invite it to carry out an on-site observation in that country, according to the Regulations of the IACHR for conducting such visits.

          In a note dated June 20, 1978, Ambassador Sevilla Sacasa, in the name of his government, invited the Commission to conduct an on-site observation in Nicaragua. The communication of the Nicaraguan Ambassador, addressed to the Chairman of the IACHR, Dr. Andrés Aguilar, reads as follows:

         June 20, 1978

         Mr. Chairman:

         I have the honor of informing you that my Government, upon being advised that the Inter-American Commission on Human Rights is to draft a report on the status of human rights in Nicaragua, is pleased to invite it to visit our country, in order to effect an on-site observation in Nicaragua, which would prove very useful for your report. This invitation is an act of courtesy which attests to the respect that my Government holds for the Commission over which you preside as well as for its distinguished members.

         The Commission shall be well received. The arrival date in Nicaragua shall de determined by common agreement.

         I take this opportunity to renew my highest and most distinguished consideration for you.

         Guillermo Sevilla Sacasa

         Ambassador of Nicaragua

          At its 44^th session, the IACHR, in order to carry out this on-site observation, appointed a Special Commission composed of its Chairman, Dr. Andrés Aguilar, its Vice Chairman, Dr. Carlos A. Dunshee de Abranches, and members Drs. Carlos García Bauer, Tom J. Farer, Fernando Volio and Marco Gerardo Monroy Cabra.

          At a later date, Ambassador Sevilla Sacasa and the Executive Secretary of the IACHR, Dr. Edmundo Vargas Carreño, duly instructed by the Commission, agreed, in principle, on the month of November as the best date in which to conduct the on-site observation in Nicaragua.

          THE SITUATION WORSENS

          Violence continued during the month of July due to demonstrations related to the situation of political prisoners, the closing of a radio station belonging to the opposition, and the arrival in Nicaragua of the “Group of Twelve”.2 At least 18 civilians died when demonstrations were dissolved in Jinotepe, Masaya and San Marcos. A general strike set for July 19 as a protest against repressive measures resulted in the closing of 75 percent of the business establishments and initiated a confrontation between the National Guard and citizens who supported the strike. Guerrilla activity increased with sporadic, but intensive, confrontations near the Costa Rican border, and on July 20, a rocket attack was launched from the Intercontinental Hotel in Managua against adjacent military installations.

          Relative peace prevailed during the first half of August, but the violence was renewed on August 22 when guerrilla forces of the Frente Sandinista de Liberación Nacional (Sandinista Liberation Front) (FSLN)3 captured the National Palace, taking as hostages, members of Congress, important government officials and hundreds of persons who happened to be there. The hostages were exchanged for a number of political prisoners, money, and the necessary facilities so that the guerrilla fighters could abandon the country.

          On August 25, the Frente Amplio de Oposición (Opposition Front) (FAO)4 organized a strike seeking the resignation of President Somoza. This gave rise to a new wave of violence during the last week of August and the first part of September; the cities of Jinotepe, Managua, Estelí, Diriamba and Matagalpa were most affected. In this last city there was a general uprising against the Government, which was suppressed after several days of fighting with the aid of attack airplanes and which resulted in a high cost of human lives. During the early days of September, the Government also arrested hundreds of members of the opposition as a result of these incidents.

          THE COMMISSION ADVANCES THE DATE OF ITS VISIT TO NICARAGUA

          In view of the serious events occurring in Nicaragua, and in answer to the request made to the IACHR by groups representative of the Nicaraguan community interested in the full enforcement of human rights in their country, the Commission decided to advance its visit to October 5, which was accepted by the Government of Nicaragua.

          THE ASSAULTS OF SEPTEMBER

          The violence reached its peak on September 9, when the Frente Sandinista de Liberación Nacional attacked the National Guard detachment in the principal cities of the country in a coordinated and synchronized fashion. The FSLN was joined by many civilians, especially young people who dug ditches and set up barricades in the streets; the rebel forces fought with units of the National Guard in Managua, León, Chinandega, Estelí, Matagalpa, Masaya, Diriamba, Jinotepe and Rivas, and dominated the situation for a while in some of these places.

          The Government suspended all constitutional guarantees, imposed martial law, and started to retake the cities, one by one. In those where resistance was heaviest, the population was bombarded and machine-gunned with heavy artillery, airplanes and helicopters, without distinction between combatants and the civilian population. In particular there was intense and indiscriminate bombardment of León, Masaya, Chinandega, and Estelí.

          The Government succeeded in suppressing the insurrection after eleven days of fighting, Estelí being the last city in the hands of the insurgents to return to government control. Casualties were high among the civilians; according to early estimates by the Red Cross, at least 500 persons died in León and Estelí alone. Once the Government had reestablished control, numerous reports were received of atrocities committed by the National Guard, including mass murders of minors, and summary executions of civilians during the house-to-house searches carried out by the National Guard.

          THE XVII MEETING OF CONSULTATION OF MINISTERS OF FOREIGN AFFAIRS

          As a consequence of the events occurring in Nicaragua, the Government of Venezuela, on September 2, proposed the convening of a Meeting of Consultation of Ministers of Foreign Affairs in order to consider the internal situation of that country and its international implications. This proposal acquired greater urgency when the Minister of Foreign Affairs of Costa Rica informed the Permanent Council of the OAS on September 15, of events occurring at the border of his country with Nicaragua, which, in his view, constituted a violation of Costa Rican sovereignty and territory.

          In view of the request made by the Government of Venezuela, and observing with profound concern the occurrences in Central America, “whose seriousness affects peace in the region and creates a situation of urgent nature, and of common interest to the member States”, the Permanent Council, by resolution dated September 18, with 23 affirmative votes, convened the XVII Meeting of Consultation of Ministers of Foreign Affairs, in accordance with part one of Article 59 of the Charter of the Organization of American States, to begin on September 21, in order to consider the “serious events in the Central American region.”

          The XVII Meeting of Consultation adopted, on September 23, a resolution containing various introductory and operative paragraphs with regard to Nicaragua and the events occurring in Central America. With regard to the IACHR, paragraph 4 of said resolution reads as follows:

         To take note that, having accepted the invitation of the Government of Nicaragua, the Inter-American Commission on Human Rights will visit that country, and to express the hope that the Commission may, in agreement with the government concerned, expedite its visit to Nicaragua, if possible.

          THE COMMISSION DECIDES TO START ITS VISIT ON OCTOBER 3

          The Commission, as expressed earlier, had decided to advance the date of its trip to October 5, but in view of the recommendations of the XVII Meeting of Consultation of Ministers of Foreign Affairs, the date of October 3 was established as the first day of its visit, which was accepted by the Government of Nicaragua.

          On September 28, personnel of the Secretariat of the IACHR traveled to Managua in order to make preparations for the on-site observation, which, by invitation of the Government and in consideration of the resolution of the Meeting of Consultation of Ministers of Foreign Affairs, the Commission had decided to carry out in Nicaragua.

B.          Activities carried out by the Special Commission in Nicaragua

          THE VISIT BEGINS

          On October 3, 1978, the Special Commission of the Inter-American Commission on Human Rights initiated its activities in Nicaragua, with the presence of its Chairman, Dr. Andrés Aguilar M., and its members Drs. Carlos García Bauer, Tom Farer, Fernando Volio Jiménez and Marco Gerardo Monroy Cabra. Dr. Carlos A. Dunshee de Abranches, Vice Chairman of the Commission, arrived in Managua on the 6^th, as previously agreed, and at once participated in the work of the Commission. Dr. Gabino Fraga was unable to take part in the visit for reasons of health.

          Dr. Edmundo Vargas Carreño, Executive Secretary of the Commission, acted as Secretary, assisted by Drs. Charles Moyer, Assistant Executive Secretary, Roberto Alvarez and Jorge Suárez Marill, and by staff members Hilda Wicker, Elia Dodd and Marcela Chávez. During the visit, the offices of the Commission were located in the Hotel Camino Real in Managua.

          The same day of the 3^rd, the Commission met in order to adopt its work schedule. It also approved a press release and took the necessary measures to assure that it would be disseminated as widely as possible.

          RECEPTION OF COMPLAINTS

          Beginning the first day that the Special Commission set up its offices in the Hotel Camino Real of Managua, a constant parade of persons of all economic and social positions presented testimonies or complaints. The Commission maintained a full-time office at the hotel, with specialized personnel of the Secretariat assisting all people in the processing of complaints, explaining what the Commission could do for victims of violations of human rights, and filing out the necessary forms, since many persons could not read or write.

          The Commission also received complaints of acts attributed to members of the FSLN. In view of the fact that such complaints, in light of the Statute and Regulations of the Commission, fall outside its competence, the Commission has not been able to give them the pertinent processing.

          The office of the Commission was open ten hours daily until October 17, and everyone who visited it was attended to.

          FIRST MEETINGS

          From the very first day in which the Special Commission was installed, leaders of institutions representing the Nicaraguan community requested to be heard.

          The Special Commission first received members of the Permanent Commission of Human Rights in Nicaragua (CPDH) who described the dangers that they were facing because of their membership in the Commission, and stated, as an example, that only four days before, one of their members had been murdered and several others had been imprisoned. After an exchange of views on the general situation of human rights in Nicaragua, the Special Commission thanked the members of the Permanent Commission for their collaboration, which, together with information such as that from government sources and opposition sectors, would prove useful for the fulfillment of its mission. Finally, the Chairman told them that the Government of Nicaragua was obligated to respect the people and institutions who supplied information or presented testimonies to the Special Commission during the visit.

          On Wednesday, October 4, the Commission received Mr. Adolfo Calero Portocarrero, who stated that he had been imprisoned in the Cuartel Central of Managua from September 4 to 27, without ever being informed of the reason for his arrest or brought to trial. Mr. Calero, the National Coordinator for the Authentic Conservative Party, also gave an account of what had occurred in the country during the present year.

          The Commission also received Messrs. Alvaro and Eduardo Chamorro, Vice President and Secretary General, respectively, of the Conservative Party of Nicaragua. Both expressed their opinions on the status of human rights in Nicaragua and in particular on those aspects concerning political rights.

          INTERVIEW WITH THE PRESIDENT OF THE REPUBLIC

          At 11:00 a,m. on October 4, the Special Commission went to the Casino Militar, where the President of the Republic, General Anastasio Somoza Debayle, presented them to the members of his Cabinet, the Supreme Court of Justice, the Military Staff (Estado Mayor del Ejército), and other officials.

          Immediately thereafter, the President read a speech in which, among other things, he expressed his gratitude for having accepted his invitation to visit Nicaragua adding that as President “I deem it to be my duty to faithfully obey the commitments of my Government within the regional Inter-American system hoping that you, in representation of the Organization which you so well represent, will find within the scope of national sovereignty our observance of human rights, thus fulfilling the resolutions which have the noble objective of assuring dignity and freedom to the people throughout the national territory.”

          In another part of his speech, President Somoza recalled the crisis that his country had experienced in September, which, in his opinion, consisted of an attempt to overthrow the constitutional government of the Republic by means of violence and terrorism carried out through communist raids on military and police installations and defenseless cities, with the shedding of blood, pillaging, looting, arson and damage to private property. He concluded that the presence of the Commission “would not only bring peace to the men of the government, but also to those who oppose us.”

          At the end of his speech, the President invited the members of the Commission to his private office, where they mainly conversed about the manner in which the Commission would conduct its observation in Nicaragua. General Somoza also reaffirmed the offer of his government to facilitate in any way possible the work of the Commission, and reiterated his commitment that no reprisals would be taken against those persons and institutions who cooperated with it during its stay in Nicaragua.

         INTERVIEWS WITH THE POLITICAL COMMISSION OF FAO, THE ARCHBISHOP OF MANAGUA AND THE RED CROSS

          In the afternoon of October 4, the Political Commission of the Frente Amplio Opositor (FAO) represented by Messrs. Rafael Córdoba Rivas, Sergio Ramírez Mercado and Alfonso Robelo Callejas, met with the Special Commission. In addition to presenting a general outline of the situation in Nicaragua, the members of the Political Commission of FAO suggested that the Special Commission might have difficulties in fulfilling its mission because most people were unaware of its presence in Nicaragua due to the restrictions on freedom of expression and dissemination of ideas.

          The Special Commission then visited the Archbishop of Managua, Msgr. Miguel Obando y Bravo, who was accompanied by the Vicar General, Msgr. Bosco Vivas and other priests of the Archbishop's curia. Archbishop Obando discussed what he called the “complicated situation” existing in the country, which had been aggravated in January of this year by the assassination of Pedro Joaquín Chamorro. Vicar Vives then pointed out several cases of persecution against the Church and Catholic priests by the authorities.

          Finally, that same day, the Special Commission received in its office a delegation of the Red Cross, composed of Mr. Ismael Reyes, President of the Red Cross of Nicaragua, Dr. Leopoldo Navarro, Secretary General, Lic. Jaime Morales Carazo and Mr. Raymond Chevalley, Regional Delegate of the International Committee of the Red Cross. They immediately made the point that there were no guarantees for the staff of the Red Cross nor respect for its emblem. As an example, they pointed to the case of the two corpsmen who were killed in a convoy taking medicines and food to the city of Chinandega. They also discussed the humanitarian aspects of their work during the conflicts, as well as the assistance they had provided the victims. In view of the curfew and the late hour, it was agreed to meet again at a later date.

          continued...