article 2, paragraph 3, of the Covenant. However, for
purposes of article 5, paragraph 2 (b), of the
Optional Protocol, the Committee considers that the
author, who was arrested in 1979 and spent 10 years
in detention, cannot, at this stage, be required to
engage the Nicaraguan courts of the present
administration before his case can be examined
under the Optional Protocol. In this context, the
Committee recalls that the communication was
submitted to the Committee in 1988, at a time when
domestic remedies were not available or not
effective. Even if domestic remedies may now be
available, the application of such remedies would
entail an unreasonable prolongation of the author's
quest to be vindicated for his detention and alleged
ill-treatment; the Committee concludes that the
Optional Protocol does not require the author, in the
circumstances of his case, to further engage the
Nicaraguan courts. Moreover, the Committee
reiterates its finding that the criteria of admissibility
under the Optional Protocol were satisfied at the
time of submission of the communication and that
there is no reason to set aside the Committee's
decision of 20 March 1992.
himself of local remedies to solicit the return of his
property and compensation for his imprisonment.
8.1 In a further submission dated 6 September
1993, the author comments on the State party's
observations, referring to Decree No. 185 of
29 November 1979, pursuant to which the judgments
of the Tribunales Especiales de Justicia were not
subject to appeal or cassation. Thus, the exhaustion
of local remedies was completed with the handing
down of the 30-year sentence against him by the
revolutionary tribunal. The author's release from
imprisonment after 10 years of deprivation and
abuse does not close the book on the violation of his
rights under the International Covenant on Civil and
Political Rights.
8.2 With regard to the issue of impunity, the
author points out that the State party has not initiated
any prosecution against named torturers of the prior
regime and that these named persons are living in
Nicaragua with perfect impunity, although their
crimes have been denounced and documented. The
author further alleges that the State party has failed
to initiate investigation of these cases.
9.3 The Committee has considered the
communication in the light of all the information
made available to it by the parties, as required under
article 5, paragraph 1, of the Optional Protocol. The
Committee regrets the absence of any submission by
the State party concerning the substance of the
matter under consideration. Pursuant to article 4,
paragraph 2, of the Optional Protocol, a State party
should investigate in good faith all the allegations of
violations of the Covenant made against it and make
available to the Committee all the information at its
disposal. In the absence of any State party
submission on the merits of the case, due weight
must be given to the author's allegations, to the
extent that they have been substantiated.
8.3 On 16 June 1994, the State party reiterated its
position that the author has not exhausted domestic
remedies as required by article 5, paragraph 2 (b), of
the Optional Protocol. No submissions on the merits
of the author's allegations were made.
8.4 With regard to the author's allegations that the
ad hoc tribunals in Nicaragua are not impartial, the
State party states that the Government has no power
to intervene in their deliberations or decisions.
8.5 The State party affirms that human rights are
today respected in Nicaragua and refers to the fact
that the 1993 session of the Organization of
American States and the ninth Interamerican
Indigenous Congress were held in Nicaragua, thus
manifesting that the international community
recognizes Nicaragua's democratic legal order.
10.1 With regard to the author's allegation
concerning the confiscation of his property, the
Committee recalls that the Covenant does not protect
the right of property, as such. However, an issue
under the Covenant may arise if a confiscation or
expropriation is based on discriminatory grounds
prohibited in article 26 of the Covenant. Although
the author has stated that his property was
confiscated as a consequence of his belonging to a
category of persons whose political Views were
contrary to those of the Sandinista Government, and
in a fashion that could be termed discriminatory, the
Committee does not have sufficient facts before it to
enable it to make a finding on this point.
Examination of the merits
9.1 The Committee has taken due note of the
State party's submission that the author has failed to
exhaust domestic remedies, since he can now
address his complaints to the competent courts of the
present Government of Nicaragua.
9.2 Even though the State party has not
specifically invoked article 93, paragraph 4, of the
Committee's rules of procedure, the Committee has
ex officio reviewed its decision of 20 March 1992 in
the light of the State party's arguments. The
Committee welcomes the State party's readiness to
examine the author's complaints and considers that
such examination could be seen as a remedy under
10.2 In its prior jurisprudence the Committee has
found that interference within a prisoner's
correspondence may constitute a violation of
article 17 of the Covenant. However, in the instant
case the Committee lacks sufficient information to
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