a year, only the first 10 days are allotted for taking a statement from the
principal victim or injured party in the crime under investigation.”3
21.
He further contends that, based on the number of injured,
it can be concluded that at least 17 rounds were fired, and the fact that none
of those shots hit sensitive parts of the vehicle instead of the passengers’
bodies indicates the abuses committed by the police officers.
22.
As a consequence of the incident and subsequent trial, the
petitioner alleges that the State violated the alleged victims’ rights enshrined
in Articles 1.1, 4.1, 5.1, 22.1, and 22.4 of the American Convention, and in
Article XVII of the American Declaration, in conjunction with Articles 24 and
8.1 of the Convention.
23.
As regards the complaint’s admissibility, the petitioner
believes that the judgment issued by the Chinandega First District Criminal
Court was the final judicial decision and that it exhausted all available
remedies under domestic law.
24.
Finally, the petitioner reports that none of the judicial
decisions handed down during the proceedings were ever directly notified to
Patricio Fernando or his family by the State. The petitioner reports that Patricio
Fernando first learned of the Nicaraguan court decision in August 1998, when
his mother informally receive a copy of the judgment adopted by the
Chinandega District Criminal Jury Court from an official of the Ecuadorian
foreign ministry. Four months after learning of the decision, the petitioner,
on behalf of Patricio Fernando and his deceased brother, lodged their petition
with the IACHR.
B.
State
25.
The State indicates that, after investigating the incident
described by the petitioner, it was able to verify that on April 14, 1996,
approximately 30 individuals of Peruvian, Ecuadorian, and Colombian
nationality illegally entered Nicaraguan territory through its border with Costa
Rica, en route to the United States. On that day,, they boarded a minibus with
tinted windows to conceal the quantity of passengers in order to travel through
Nicaragua to its northern border with Honduras. On the highway they
encountered a police checkpoint that ordered the vehicle to stop; the driver
ignored the order and instead accelerated in an attempt to flee.
3 Communication from the petitioner, received September 18, 2007.
5