Washington College of Law|
Center For Human Rights and Humanitarian Law
RESOLUTION No. 7/83 5/
CASE 7320 (NICARAGUA)
April 15, 1983
- Through a communication dated January 26, l980, the following
complaint was submitted to the Inter-American Commission on Human Rights:
We denounce the kidnapping of Mr. Manuel Montenegro Salazar who
was held at the Masaya Social Club Command where the person in
charge was Comrade Alvaro González (Antollín), who stated that Mr.
Montenegro had been executed.
Narciso Calero (Boanerges) is suspected of being responsible
for the act, because at the time of Mr. Montenegro's arrest Narciso
Calero told him that "he owed him and that he was going to pay."
We fear for his life.
- In a written communication of June 10, l980, 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, l98l, the
Commission reiterated its request for information to the Government of
Nicaragua informing it that, if that information was not provided within
the established deadlines, the facts related 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.
- The Government of Nicaragua, by way of 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.
- That to this date the Government of Nicaragua has not responded
to the Commission's requests for information relating to the foregoing
- That from the absence of a response by the Government of
Nicaragua, 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, to presume to be true
the facts denounced in the communication dated February 6, l980, relating
to the kidnapping and disappearance of Manuel Montenegro Salazar.
- 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 the
most exhaustive investigation to determine those persons directly or
indirectly responsible for such crimes in order that the applicable legal
sanctions be applied to them, and communicate the decision adopted to the
Commission within a maximum of sixty days.
- 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.