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Center For Human Rights and Humanitarian Law
RESOLUTION No. 5/83
CASE 7319 (NICARAGUA)
April 15, 1983
- On February 6, 1980 the following complaint was presented to
We denounce the arrest of Mr. Juan José Munguía Medina,
chief of a shrimp hatchery in the city of Chinandega, Nicaragua.
The victim is 33 years old. He was captured on July 24, 1979, in
the city of Chinandega and remained for 5 days at the Command
Post located in the Cosiguina Hotel, under the authority of
Comrade Hernán and his assistant Comrade Carolina. He was then
taken from there to an unknown destination. Since then, no one
knows the whereabouts of Juan José. To date, we have visited all
the jails in Chinandega as well as in Managua without positive
results. We fear for his life.
- In a written communication of June 10, 1980, the Commission
transmitted the pertinent parts of this complaint to the Government of
Nicaragua, requesting that it provide the appropriate information.
- In a written communication of January 27, 1981, the Commission
reiterated the request for information to the Government of Nicaragua
indicating that if that information was not provided within the legal
deadlines established, the facts reported in the petition, whose
pertinent parts have been transmitted to the government, would be
presumed to be true, in application of Article 39 of the Regulations.
- That, to this date, the Government of Nicaragua has not
responded to the Commission's requests for information relating to the
- That from the absence of an answer by the Government of
Nicaragua to the Commission's requests for information, it is inferred
that there are no grounds to hold the hearing to reach an amicable
settlement as provided for in the Commission's Regulations.
- That Article 39 of the Regulations establishes the following:
The 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.
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
- Based on Article 39 of the Regulations, to presume to be true
the facts denounced in the communication dated February 6, 1980, with
respect to the arrest and disappearance of Juan José Munguia Medina.
- 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.
- To recommend to the Government of Nicaragua that it conduct the
most exhaustive investigation to determine those responsible for the
denounced facts, in order that the corresponding legal sanctions be
applied, and communicate to the Commission, within sixty days, the
- To communicate this resolution to the Government of Nicaragua
and to the complainants.
- If the Government of Nicaragua does not submit its 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