REPORT No. 148/10
PETITION 830-07
ADMISSIBILITY
MARIA LUISA ACOSTA ET AL.
NICARAGUA
November 1, 2010
I.
SUMMARY
1.
On June 22, 2007 the Inter-American Commission on Human Rights (hereinafter the
“ Inter-American Commission,” “ Commission,” or “ IACHR” ) received a complaint filed by María Luisa
Acosta Castellón, the Center for Legal Assistance for Indigenous Peoples (CALPI), the Center for
Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN), and the Nicaraguan
Center for Human Rights (CENIDH) (hereinafter the “ petitioners” ), representing María Luisa Acosta
Castellón, Francisco García Valle, Ana María and Álvaro Arístides Vergara Acosta, Leonor del
Carmen Valle de García, and Rodolfo García Solari (hereinafter the “ alleged victims” ) against t he
Republic of Nicaragua (hereinafter the “ State,” “ Nicaraguan State,” or “ Nicaragua” ). The petition
reports that on April 8, 2002 Francisco García Valle, husband of María Luisa Acosta (hereinafter
“ Mrs. Acosta” ), w as murdered and that the murderers’ real objective w as to take Mrs. Acosta’ s life.
The petitioners allege that the criminal process conducted due to the murder of Mr. García Valle
included a series of irregularities that involved, inter alia, the acquittal of the alleged masterminds of
the murder and a perpetrator as w ell as judicial harassment of Mrs. Acosta.
2.
The petitioners maintain that Nicaragua violated Articles 4 (right to life), 8 (right to a
fair trial), and 25 (right to judicial protection) of the American Convention on Human Rights
(hereinafter the “ Convention” or “ American Convention” ) as they relate to Article 1.1 of the same
instrument, to the detriment of Francisco García Valle; Articles 5 (right to humane treatment ), 8, 11
(right to privacy), and 25 of the American Convention, as they relate to Article 1.1 of the same
instrument, to the detriment of María Luisa Acosta Castellón, and Articles 5, 8 and 25 of the
American Convention, as they relate to Article 1.1 of the same instrument, to the detriment of
María and Álvaro Arístides Vergara Acosta, Leonor del Carmen Valle de García, and Rodolfo García
Solari. They argue that the domestic remedies have been exhausted.
3.
The State maintains that the criminal prosecution for the murder of Mr. García Valle
w as conducted in accordance w ith domestic legislation and international agreements, dealing
respectfully and equitably w ith all those subject to the process and reported that tw o people w ere
convicted of murder. The fact that the alleged victims do not agree w ith the decisions of Nicaraguan
justice, particularly the acquittal of three individuals prosecuted for the murder of Mr. García Valle,
does not mean that their rights w ere affected and it is not the role of the IACHR to act as an
instance for review of questions of merit already resolv ed by the domestic judicial system. The
State also alleges a failure to exhaust domestic remedies.
4.
Without prejudging the merits of the complaint, after analyzing the petitions, and in
accordance w ith the provisions of Articles 46 and 47 of the American Convention, as w ell as
Articles 30, 36, and related articles of the IACHR Rules of Procedure, the IACHR concludes that it is
competent to hear the complaint submitted, based on the alleged violation of Articles 5, 8, and 25
of the American Convention as they relate to Article 1.1 of the same convention, to the detriment
of the relatives of Mr. García Valle. It also decides to declare the complaint inadmissible as regards
the alleged violation of Articles 4 and 11 of the American Convention. Finally, the Comm ission
resolves to notify the parties, publish this admissibility report, and include it in its Annual Report to
the General Assembly of the OAS.
II.
PROCESSING BY THE COMMISSION