The complaint
1.
The authors of the initial communication are
Myriam Zelaya Dunaway and Juan Zelaya, citizens of
the United States of America and of Nicaraguan
origin, currently residing in the United States. They
submit the communication on behalf and upon the
request of their brother, Roberto Zelaya Blanco, a
Nicaraguan citizen born in 1935, at the time of
submission of the communication detained at the
prison of Tipitapa, Nicaragua. The authors allege that
their brother has been a victim of violations by
Nicaragua of articles 7, 9, 10, 14 and 17 of the
International Covenant on Civil and Political Rights.
In March 1989, Roberto Zelaya was released from
detention on the basis of a governmental pardon, and
on 19 June 1992 he confirmed the contents of the
communication and joined his sister and brother as
co-author. He now resides in the United States
together with his wife and son.
3.1 The authors submit that there was no
wrongdoing or criminal activity on the part of their
brother, and that the accusations formulated against
him by the Sandinistas (apología del delito;
instigación para delinquir) were purely political. It
is claimed that Roberto Zelaya was detained
arbitrarily from July 1979 to March 1989, that he
was denied a fair hearing before an independent and
impartial tribunal, that he was tortured and was
subjected to pseudo-medical and pharmacological
experiments, to inhuman treatment and death threats
while in prison, and that the correspondence between
Roberto Zelaya and his family was systematically
interfered with by the prison authorities.
3.2 The authors submit that their brother's health,
already precarious, deteriorated as a result of his
detention. They submit that asthma attacks were
treated experimentally with cortisone and other
drugs. Finally, other inmates and a prison warder
A. V. C. are said to have made death threats against
Mr. Zelaya on numerous occasions.
The facts as submitted by the authors
2.1 Roberto Zelaya Blanco, an engineer and
university professor, was arrested without a warrant
on 20 July 1979, the day after the assumption of
power by the Sandinista Government. He was tried by
a Peoples' Tribunal (Tribunal Especial Primero), on
account of his outspoken criticism of the Marxist
orientation of the Sandinistas. On 23 February 1980,
he was sentenced to 30 years' imprisonment. The
Tribunal Especial Primero de Apelación confirmed
the sentence on 14 March 1980 without an appeal
hearing.
The State party's information and the authors'
comments thereon
4.1 The State party indicates that Roberto Zelaya
Blanco was released from detention pursuant to a
presidential pardon of 17 March 1989 (Decreto de
Indulto No. 044).
4.2 The authors submit that their brother is
currently receiving specialized medical treatment for
the ailments developed or aggravated during
10 years of detention, inter alia, asthma and chronic
hepatitis. They add that the treatment requires
frequent and prolonged hospitalization.
2.2 With respect to the issue of exhaustion of
domestic remedies, the authors state that because of
the political situation in Nicaragua, they were for a
long time unable to identify Nicaraguan lawyers
willing to take up their brother's case. Only at the
beginning of 1989 did Roberto Zelaya inform his
family that a lawyer, J. E. P. B., had indicated his
readiness to represent him.
The Committee's decision on admissibility
5.1 The Committee ascertained, as it is required to
do under article 5, paragraph 2 (a), of the Optional
Protocol, that the case was not under examination by
another instance of international investigation or
settlement. The general investigation, by regional and
intergovernmental human rights organizations, of
situations affecting a number of individuals, including
the author of a communication under the Optional
Protocol, does not constitute the "same matter" within
the meaning of article 5, paragraph 2 (a).
2.3 It is submitted that several organizations,
including the Inter-American Commission on
Human Rights, Amnesty International, the
International Commission of Jurists and the
International Committee of the Red Cross
(Nicaraguan
Section),
were
apprised
of
Mr. Zelaya's fate and visited him in prison. The
authors add that they addressed many written
complaints about their brother's fate to various
Nicaraguan authorities, including President Daniel
Ortega and the prison management, but that they
did not receive any reply.
5.2 The Committee interpreted the State party's
general submission that Mr. Zelaya Blanco had been
released from detention as implying that he had been
offered an appropriate remedy. However, the
Committee reiterated its position that it is implicit in
rule 91 of the rules of procedure and article 4,
paragraph 2, of the Optional Protocol, that a State
party to the Covenant should make available to the
Committee all the information at its disposal; this
2.4 Upon his release in March 1989, Mr. Zelaya
was allegedly threatened by a prison guard,
"Comandante Pedro", with the words "Be very
careful. If you dare write or speak against the
Sandinistas, you will regret it."
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents