Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION No. 10/86
CASE 9285 (Nicaragua)
April 16, l986
- The petition received by the Inter-American Commission on Human Rights on April 9,
according to which:
JOAQUIN DANIEL VALLECILLO SANCHEZ, a farmer and resident of
was arrested at home on January 18, l983 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.
A search has been made for him in the prisons of the Penitentiary System of
and León, as well as in the State Security Prison of the II Region and in Managua,
information on his whereabouts being obtained.
- The transmission of the pertinent parts of this petition to the Government of Nicaragua
through the note of June 18, l984, requesting it to provide such information as it deems pertinent
as any information making it possible to ascertain whether, in the case it is the subject matter of
request, the remedies of domestic law had been exhausted.
- The communication of January 18, l985, which reiterated the request for information of
- The reiteration of the request for information made through the note of February 26,
which informed the Government of Nicaragua that, should that information not be provided
period of thirty days pursuant to Article 42 of the Regulations, the facts reported would be
to be true.
- ...The response of the Nicaraguan Government, dated April 22, 1986, according to which
competent authorities...have communicated that the State Security Directorate informs that Mr.
Vallecillo is not listed as having been detained."
- That the Nicaraguan Government's response is of a general nature and therefore, does
contain sufficient elements which place in doubt the charges presented by the claimant, since the
presented by the latter convincingly set forth the circumstances in which the arrest of Mr.
Sanchez by the Nicaraguan military occurred.
- The requirements of domestic law have been exhausted, and by reason of their nature,
facts that are the subject matter of the petition do not permit the application in this case of the
- That the Government of Nicaragua, has so far not allowed a member of the
an official of the Secretariat to go to that country to clarify certain aspects relating to this case,
to the provisions of Article 48.1 d of the American Convention on Human Rights to
is a State Party.
- That the General Assembly of the Organization of American States declared by
666 (XIII-O/83) that "The practice of the forced disappearance of persons in the Americas is an
to the conscience of the hemisphere and constitutes a crime against humanity."
In view whereof:
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
- To consider true the facts reported in the communication of April 9, l984 concerning
arrest and subsequent disappearance of Mr. Joaquín Idanuel Vallecillo Sánchez.
- 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
which Nicaragua is a State Party.
- To recommend to the Government of Nicaragua that it conduct a thorough
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
- To include this resolution in its Annual Report to the General Assembly of the
of American States, in accordance with Article 63, g of the Regulations of the
Commission, and to
communicate it to the claimant.