Tribunales Especiales de Justicia, which depended
directly on the executive (poder ejecutivo) and
prosecuted many former civil servants for the socalled crime of conspiracy (delito de asociación para
delinquir) merely because they had been civil servants
during the Somoza administration.
includes, at the stage of the determination of the
admissibility of a communication, the provision of
sufficiently detailed information about remedies
pursued by, as well as remedies still available, to
victims of alleged violations of their rights. The
State party did not forward such information. On the
basis of the information before it, the Committee
concluded that there are no further effective
remedies available to Roberto Zelaya in the
circumstances of his case.
6.3 With regard to the confiscation of his
property, the author invokes article 17 of the
Universal Declaration of Human Rights, which
protects the right to property, and points out that the
confiscation decrees of the Sandinista Government
had been signed by many of the current members of
the Government, including the new President,
Mrs. Violeta Barrios de Chamorro, in particular
Decree No. 38 of 8 August 1979, which provided for
the expropriation of former civil servants of the
Somoza administration, including the medical
doctors and dentists in the service of the Somoza
family. The author lists three pieces of real property
which he had owned and which were confiscated by
the Sandinista Government and subsequently sold to
third parties. The author alleges that the new
Government is applying dilatory tactics to frustrate
the restitution of such property, and rendering the
process so complicated that claimants eventually
abandon their claims because of the expense
involved in attempting to recuperate their property.
The author concludes that what was confiscated by
way of administrative measures ought to be returned
to the rightful owners also by administrative decree.
The author further alleges discrimination in that the
confiscated property of persons who were United
States citizens before 19 July 1979 has been
returned, whereas the property formerly owned by
Nicaraguan citizens can only be recovered through
onerous litigation.
5.3 The Committee observed that the authorities of
any State party to the Covenant are under an
obligation to investigate alleged human rights
violations and to make available appropriate judicial
remedies and compensation to victims of such
violations, even if they are attributable to a previous
administration.
5.4 The Committee considered that the authors'
allegations had been sufficiently substantiated, for
purposes of admissibility, and that they raised issues
under articles 7, 9, 10, 14 and 17 of the Covenant.
5.5 On 20 March 1992, the Human Rights
Committee decided that the communication was
admissible inasmuch as it appeared to raise issues
under articles 7, 9, 10, 14 and 17 of the Covenant.
The State party's observations and the authors'
comments thereon
6.1 On 27 July 1992, the State party submitted that
the new Government had embarked on a process of
national reconciliation, without revanchism. At the
same time, Nicaragua's independent judiciary now
exercises an eminent role in protecting human rights.
Since Mr. Zelaya enjoys all civil and political rights in
Nicaragua, he is at liberty to demand compensation or
any other remedy he may consider appropriate.
6.4 With regard to his detention, the author claims
that it was unlawful and arbitrary and that he was
denied due process by the revolutionary tribunals. He
encloses excerpts from the Amnesty International
report entitled Nicaragua: Derechos Humanos 19861989, which specifically refers to its own investigation
of the Zelaya case. The report concluded:
6.2 On 5 October 1992, Roberto Zelaya Blanco
responded that he could not expect to receive any
compensation from ad hoc tribunals in Nicaragua,
heirs of the Tribunales Especiales de Justicia, which
had convicted him and others without due process. In
particular, he disputes the State party's submission
that the Nicaraguan judiciary is now independent,
because many judges, including those sitting in the
Supreme Court, are political appointees of the former
Sandinista Government. Moreover, he contends that if
the new government were committed to impartial
justice, it would have prosecuted motu proprio those
responsible for crimes, corruption and other abuses
during the years of the Sandinista administration. He
further questions the commitment to human rights of
the Government of Violeta Barrios de Chamorro,
since she herself, as member of the then Sandinista
Government (miembro de la Junta de Gobierno de
Reconstrucción Nacional), had signed Decree
No. 185 of 29 November 1979, which established the
"After examining the judgment and
interviewing the prisoner in November 1987,
Amnesty International arrived at the conclusion
that there was no evidence that could prove the
criminal charges against him: no victim had been
identified in relation to the accusation of murder,
and as to the other charges, the victim had been
only referred to as 'the people of Nicaragua'. It
would seem that the conviction was predicated on
Mr. Zelaya Blanco's open anti-Sandinista position
in the pre-revolutionary period and on his various
1
journalistic publications ..."
1
Amnesty International,
Nicaragua:
Derechos
Humanos 1986-1989 (London, November 1989), pp. 13-4.
32
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents