Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION Mo. 6/83 4/
CASE 7316 (NICARAGUA)
April 15, 1983
- Through a communication dated January 28, 1980, the following
complaint was lodged with the Inter-American Commission on Human Rights:
The kidnapping of Mr. Marco Antonio Vega Duarte, secondary
student of 17 years of age, is denounced. He was captured in June
1979 by the Somoza Guard who gave him a savage beating and later
tortured him in the Bunker's jails where he was taken after being
held at Police Headquarters. On Liberation Day he was able to leave
that jail but not to his home; rather, he was immediately taken to
the Red Cross located in the Campo Bruce neighborhood. There, he
was given medical attention due to his lamentable condition, his
body covered by scars. However, the most serious revelation was
that he had lost his mind due to the brutal tortures he was
subjected to in the Office of Security.
- Thus, because midst of his insanity and due to the confusion
the Sandinista victory provoked in him, Marco Antonio stated that
he belonged to the FSLN Staff, that he was a guerrilla Commander and
that his alias was Jonathan. It was under these circumstances that
on August 8, he was captured, probably by mistake or on suspicion,
since due to his mental state his appearance was bizarre. I believe
that they mistook him for someone else, because that is the only way
I can understand that he would be captured by a military convoy
consisting of 5 vehicles full of militiamen.
- On the same day of his arrest, Marco Antonio was taken to his
home, beaten and wounded. Supposedly he had stated that there was
a "stool pigeon" in his home and he was taken there for the purpose
of identifying the alleged "informant." He was taken prisoner and
his family was told to go to the Chipote office. The next day, they
were told at that place that there was no prisoner with that name
there. It is presumed that he is dead.
- The Government of Nicaragua, by way if its note of September
19, 1983, requested reconsideration of this Resolution. The IACHR
studied the request of the Government and adopted the Resolution which
appears on page 120 of this Annual Report.
- In a written communication dated 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 dated January 27, 1981, the
Commission reiterated its request for information to the Government of
Nicaragua and informed them that, if that information was not provided
within the established time, the facts reported in the petition, whose
pertinent parts had 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 a response by the Government of
Nicaragua to the Commission's request for information, it is inferred
that there are no grounds to hold a 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, the facts denounced in
the communication dated January 28, l980, relating to the kidnapping and
disappearance of the student Marco Antonio Vega Duarte, are presumed to
- To declare that the Government of Nicaragua has violated
Article 4 (right to life), Article 7 (right to personal liberty), and
Article 8 (judicial guarantees) of the American Convention on Human
- To recommend to the Government of Nicaragua that it conduct an
exhaustive investigation to determine those persons directly or
indirectly responsible for the facts denounced in order that the
applicable legal sanctions may be applied, and communicate to the
Commission, within a maximum period of sixty days, the decision adopted.
- To communicate this resolution to the Government of Nicaragua
and to the complainants.
- If the Government of Nicaragua has not submitted observations
by the expiration of the deadline set 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.