6.
On February 19, 2009, the Commission notified the parties of the admissibility report and
made itself available to them for the purpose of reaching a friendly settlement. The petitioner filed her merits
brief on April 16, 2009. The State informed the IACHR of its willingness to reach a friendly settlement by
means of a communication submitted on April 27, 2009. The State filed its merits brief on September 11,
2009.
7.
The Commission continued to receive briefs from the petitioner and the State, which have
been duly forwarded to the parties. On September 13, 2010, the petitioner informed the Commission that she
was developing a proposal for a friendly settlement to submit to the State. On October 27, 2010, the IACHR
held a working meeting with the parties during the 140th Period of Sessions.
8.
On October 22, 2013, the petitioner requested that the IACHR release the Merits Report
because of the “Nicaraguan State’s resistance to mediation.” The Commission requested that the parties
indicate whether they would continue with the friendly settlement by means of a communication on
September 5, 2014. The IACHR noted that if it did not receive a response, it would continue with the
proceedings on the merits. The Commission received a response from the petitioner on September 9, 2014,
who reiterated his request that the Commission pass judgment on the merits. The State submitted a response
on March 23, 2015, indicating that it was still willing to reach a friendly settlement, but that the petitioner’s
initial proposal was unacceptable as it imposed conditions that were materially impossible to meet. By virtue
of the aforementioned, the Commission decided to end the friendly settlement and continue with the
proceedings on the merits.
III.
POSITIONS OF THE PARTIES
A.
Position of the petitioner
9.
The petitioner alleges that the Nicaraguan State is internationally responsible for
irregularities and impunity in the criminal proceedings for the crime of rape perpetrated against her
daughter, V.R.P. The petitioner states that her daughter was raped by her father, Heberto Rodríguez, on two
occasions in the year 2000. She maintains that once she learned of what happened to her daughter, she
reported the events in November 2001. She states that in April 2002, the court carrying out the proceeding
declared Mr. Rodríguez innocent, and that this decision was confirmed in August 2005. The petitioner
claimed that the denial of justice and discrimination suffered by her and by V.R.P. has had devastating effects
on their lives. A detailed description of the facts and the proceedings can be found in the chapter on Proven
Facts found in this report.
10.
With respect to the rights to judicial guarantees and judicial protection, the petitioner
alleges that there were numerous irregularities throughout the criminal process. Among them, she noted: i)
the lack of due diligence in the handling of the investigation; ii) that no official from the Attorney General’s
Office was present at the reconstruction of the facts; iii) that no medical examination was conducted on the
child’s father to determine how she contracted a sexually transmitted disease; iv) the irregular composition
of the jury, which absolved Mr. Rodríguez in the first instance; and v) that the jury received a suspicious
envelope from the defense prior to issuing the decision to absolve in the first instance.
11.
The petitioner maintains that following the decision to absolve Mr. Rodríguez in the first
instance, she filed multiple appeals against said decision. She indicates that, in spite of this, neither her
allegations nor the documentation submitted were taken into account. Furthermore, the petitioner alleges
that the process has been unreasonably long, as it has been nearly fifteen years since she filed the petition.
She reports that there have been long periods of inactivity and unjustified requests by judges to recuse
themselves from the case. The petitioner concludes that there is a situation of impunity that has been aided
by the actions and omissions of the different State institutions involved. She maintains that this has been
corroborated by reports from the Office of the Human Rights Ombudsman.
12.
With respect to the rights to personal integrity and private life, the petitioner alleges that
the medical examination conducted on her daughter by forensic physician Andrés Altamirano was