REPORT Nº 3/09 PETITION 4408-02 ADMISSIBILITY V.R.P. and V.P.C.1 NICARAGUA February 11, 2009 I. SUMMARY 1. On October 28, 2002, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “IACHR” or “the InterAmerican Commission”) received a petition lodged by Mrs. V.P.C. (hereinafter “the petitioner” or “V.P.C.”), the mother of V.R.P. (hereinafter “the alleged victim” or “V.R.P.”), in which they allege the international responsibility of the State of Nicaragua (hereinafter “the State,” the “State of Nicaragua,” or “the Nicaraguan State”) for irregularities and the failure to render a final judgment in the criminal proceedings instituted on November 20, 2001 for the crime of rape allegedly perpetrated against the child V.R.P,2 aged nine. 2. The petitioner alleges that the facts denounced constitute violation of Articles I, II, III, IV, V, VI, VII, VIII, XVIII, XXIV, and XXX of the American Declaration of the Rights and Duties of Man (hereinafter “the American Declaration”); Articles 1, 2, 5(1) and (2), 7(1), 8(1), 11, 12(1) and (2), 13(1), 17(1), 19, 24, and 25 of the American Convention on Human Rights (hereinafter the “American Convention” or “the Convention”); Articles 2.c, 3, 4.b, c, d, e, f, and g, 5, 6.a, 7.a, b, e, f, and h, 8.b and f, 9, and 10 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (hereinafter the “Convention of Belém do Pará”), and Articles 1, 2.1 and 2, 3.1 and 2, 5, 6, 12.2, 14.3, 15, 16.1 and 2, 17, 19.1 and 2, 20.1, 24.1 and 2, and 27.1 and 2 of the United Nations Convention on the 1 Although not specifically requested by the petitioner, the IACHR is reserving the identity of the alleged victim because she is below the age of 18 years and because this is a case of alleged rape. In order to afford greater protection to the alleged victim, the IACHR is also withholding the names of the petitioner, the mother of the alleged victim, and of the father. Accordingly, the IACHR refers to the alleged victim, aged 9, as “V.R.P.,” to the petitioner and mother of the alleged victim as “V.P.C.,” and to the father of the alleged victim as “H.R.A.” 2 The American Convention on Human Rights does not contain a definition of “children.” Therefore, the inter-American human rights system employs the concept established in the United Nations Convention on the Rights of the Child, which defines a child as “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.”. 1

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