Communications Nos. 1463, 1465 and 1470 (NICARAGUA)

March 17, 1972

Communications Nos. 1463, 1465 and 1470, dated November 16 and 28 and December 5, 1966, denouncing several acts alleged to be in violation of the following rights set forth in the American Declaration of the Rights and Duties of Man: the right to life, liberty, physical security and integrity; to freedom of investigation, opinion and dissemination; to residence and movement; to vote and to participate in the government; and to protection against arbitrary arrest.

The Commission, in notes dated November 17 and December 6, 1966, requested the corresponding information from the Government of Nicaragua in accordance with Articles 42 and 44 of its Regulations.

The Government of Nicaragua, in a note dated December 13, 1966 replied to the requests of the Commission, reporting that the judicial authorities of that country were investigating the acts denounced and that, when the results of these investigations because known, they would be communicated to the Commission.

The Commission began its study of these communications at its Sixteenth Session (April-May 1967), together with the information supplied by the Government of Nicaragua; at that time it agreed to postpone its decision on the case in view of the offer of further information from the Government concerned. However, the Commission was unable to proceed with its study of the matter since the Government of Nicaragua did not send the information promised, despite further request on October 31, 1967, April 19, 1968, and February 14, 1969.

At its Twenty-second Session (November 1969), the Commission appointed Dr. Gabino Fraga as rapporteur of these communications. In his report, Dr. Fraga recommended that the case be brought up to date by requesting information from the complainant on the outcome of the proceedings initiated by the Nicaraguan authorities in relation to the acts denounced, transmitting to the complainant at the same time, the pertinent parts of the Nicaraguan Government's reply of December 13, 1966.

At the Twenty-fifth Session (March 1971), the rapporteur presented a second report, including an account of the handling of these communications, and observed that the complainant had not replied to the Commission's request for current information on the case, and that therefore the Commission lacked the information necessary to reach a decision on the matter. He recommended that the dossier be filed "without prejudice to the reopening of its study if the complainant sends the information requested within a reasonable time."

The Commission approved this recommendation and decided to file communications 1463, 1465 and 1470, without prejudice to the reopening of their study if the complainant brings them up to date within a period of 30 days from the date of notification of this decision.