Rights of the Child (hereinafter “Convention on the Rights of the Child”),
to the detriment of V.R.P and her mother V.P.C. The petitioner alleges
irregularities in the criminal proceedings instituted on November 20,
2001 for the rape of the child V.R.P., which have resulted in impunity for
the facts denounced since, to date, the Nicaraguan judiciary has not
rendered a final judgment.
3.
The State denies the allegations of irregularities in the
proceedings, arguing that the Attorney General’s Office has participated
fully and actively therein as a representative of the victim and of
society. It states that all authorities approached by the petitioner
responded to her, although not always in her favor, where the law was
not of assistance to her, and that the length of the proceedings stems
from multiple incidentes de nulidad [motions to vacate based on
procedural violations], appeals, objections, and reposiciones de autos
[applications for reconsideration] filed by both parties with the courts.
4.
Without prejudice to the merits, and having analyzed the
available information and determined fulfillment of the admissibility
requirements contained in Articles 46 and 47 of the American
Convention, and Articles 30 and 37 of its Rules of Procedure, the IACHR
concludes herein that the petition is admissible, with regard to V.R.P., in
connection with the alleged violation of the right enshrined in Articles
5(1), 8(1), 11, 19, 24, and 25 of the American Convention, in
conjunction with Articles 1(1) and (2) of said instrument, and with the
alleged violation of Article 7 of the Convention of Belém do Pará; and,
with regard to V.P.C, of Articles 5(1), 8, and 25 of the American
Convention, in conjunction with Article 1(1) of said instrument. The
Commission decides to inform the parties of this decision, to publish it,
and to include it in its Annual Report to the General Assembly of the
Organization of American States.
II.
PROCESSING BEFORE THE COMMISSION
5.
The petition was received on October 28, 2002 and assigned
number P-4408-02.3 On December 7 2004, the Commission forwarded
to the State the relevant parts of the petition, setting a period of two
months for reply, in accordance with the provisions of Article 30(2) of
the Rules of Procedure of the Inter-American Commission on Human
Rights (hereinafter “Rules of Procedure”). A reply was received from the
3 In a communication received on April 28, 2003, the petitioner informed the IACHR
that she would be represented by Mrs. Haydee Marín, and, on January 2, 2004, she
advised that she was rescinding said authorization.
2