I.
REPORT No. 179/18
PETITION 1360-11
REPORT ON ADMISSIBILITY
FABIO GADEA MANTILLA
NICARAGUA
December 26, 2918
INFORMATION ABOUT THE PETITION
Petitioner:
Alleged victim:
Respondent State:
Rights invoked:
II.
PROCEEDINGS BEFORE THE IACHR 2
Filing of the petition:
Additional information received at the
stage of initial review:
Notification of the petition to the State:
State’s first response:
Additional observations from the
petitioner:
III.
Björn Arp
Fabio Gadea Mantilla
Nicaragua
Articles 23 (Right to participate in government), 24 (Equal
protection), 25 (Judicial Protection) of the American Convention on
Human Rights 1 in connection with Articles 1.1 and 2 thereof
COMPETENCE
Competence Ratione personae:
Competence Ratione loci:
Competence Ratione temporis:
Competence Ratione materiae:
October 5, 2011
December 13, 2011, October 2, 2012 and January 31, 2014
September 5, 2017
November 8, 2017
March 27, 2018
Yes
Yes
Yes
Yes, American Convention (instrument deposited on September
25, 1979)
IV.
DUPLICATION OF PROCEDURES AND INTERNATIONAL RES JUDICATA, COLORABLE CLAIM,
EXHAUSTION OF DOMESTIC REMEDIES AND TIMELINESS OF THE PETITION
Duplication of procedures and
International res judicata:
Rights declared admissible
Exhaustion of domestic remedies or
applicability of an exception to the
rule:
Timeliness of the petition:
V.
1
2
ALLEGED FACTS
No
Articles 8 (right to a fair trial), 23 (right to participate in
government), 24 (equal protection) and 25 (judicial protection) of
the American Convention, in connection with Articles 1.1
(obligation to respect rights) and 2 (domestic legal effects) of the
same instrument
Yes, Article 46.2.a exception is applicable
Yes, pursuant to Section VI
Hereinafter “the Convention” or “the American Convention.”
The observations submitted by each party were duly transmitted to the opposing party.
1