REPORT No. 4/15
CASE 12.690
MERITS
V.R.P AND V.P.C.
NICARAGUA
APRIL 13, 2016

I.

SUMMARY

1.
On October 28, 2002, the Inter-American Commission on Human Rights (hereinafter the
“Inter-American Commission,” “Commission,” or “IACHR”) received a petition lodged by Mrs. V.P.C.
(hereinafter the “petitioner” or “V.P.C.”). The petition alleges the international responsibility of the Republic
of Nicaragua (hereinafter the “State,” “Nicaraguan State,” or “Nicaragua”) for irregularities and impunity in
the criminal proceedings for the crime of rape perpetrated against her daughter, the child V.R.P.
2.
The petitioner alleges that her daughter V.R.P. was raped by her father on two occasions
when she was aged nine. The petitioner alleges numerous irregularities throughout the criminal process that
resulted in its unreasonably long length and impunity. Furthermore, she alleges that the medical
examinations of her daughter by the State did not comply with minimum international standards and revictimized her. She maintains that her daughter was not provided with comprehensive medical attention. The
petitioner also alleges that she and her daughter were discriminated against by various State officials during
the proceedings because it was a case regarding sexual violence.
3.
The State denies the petitioner’s allegations. It argues that the criminal process complied
with the legal requirements established by the Nicaraguan legal system. It maintains that after receiving the
complaint for rape it carried out multiple procedures in order to clarify the facts. It notes that the decisions
adopted by domestic courts adequately assessed the evidence submitted. It maintains that the medical
examinations conducted on V.R.P. complied with domestic procedures, and that the best interest of the child
was taken into account at all times.
4.
After analyzing the available information, the Commission concludes that the Nicaraguan
State is responsible for violating the rights to personal integrity, judicial guarantees, the protection of private
life, the rights of children, equality before the law and non-discrimination, and judicial protection established
in Articles 5, 8, 11, 19, 24 and 25 of the American Convention on Human Rights (hereinafter the “American
Convention” or “Convention”) in connection with Articles 1.1 and 2 of the same instrument, to the detriment
of V.R.P. Furthermore, the IACHR concludes that the State is responsible for violating the rights to personal
integrity, judicial guarantees and judicial protection established in Articles 5, 8 and 25 of the American
Convention in connection with Article 1.1 of the same instrument, to the detriment of V.P.C. Additionally, the
Commission considers that the State violated Article 7 of the Inter-American Convention on the Prevention,
Punishment and Eradication of Violence Against Women (hereinafter the “Convention of Belém do Pará), to
the detriment of V.R.P. and V.P.C. The IACHR formulated its recommendations to the State of Nicaragua upon
the basis of these conclusions.
II.

PROCESSING BEFORE THE COMMISSION

5.
Mrs. V.P.C. submitted her initial petition on October 28, 2002. The process from the petition’s
submittal to the decision on its admissibility is detailed in Admissibility Report 3/09 from February 11,
2009.1 The IACHR concluded in said report that the petition was admissible with respect to the rights
enshrined in Articles 5, 8, 11, 24 and 25 of the American Convention in connection with Article 1.1 of the
same instrument.

1 See, IACHR, Report No. 3/09, Petition 4408-02, Admissibility, V.R.P and V.P.C, Nicaragua, February 11, 2009. Available at:
https://www.cidh.oas.org/annualrep/2009eng/Nicaragua4408.02eng.htm.

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