following the date on which the complainant was notified of the final judgment
that exhausted domestic remedies.
50.
In the case at hand, the acquittal of the alleged
perpetrators entered on February 27, 1997, by the First District Criminal Judge
of Chinandega department was the final ruling in accordance with Nicaraguan
domestic law.
51.
In connection with that, and as indicated above, the
petitioner claims that the alleged victims were not notified of the decisions
reached during the proceedings and only learned of the acquittal judgment a
year and a half after it was issued when, in August 1998, an official from the
Ecuadorian foreign ministry gave Mr. Patricio Roche Azaña’s mother a copy of
the judgment handed down by the Chinandega District Criminal Jury Court. 6
The petitioner asserts that the petition with the IACHR was lodged four months
after learning of the final judgment of the Nicaraguan courts. The State
responds that the alleged victims were not notified of the domestic court’s
final judgment because they chose not to register with the court as a “private
complainant” in the trial that investigated and prosecuted the incident.
52.
The Commission notes that the alleged victims were not
informed of the final judgment, in part, because they were not registered as
complainants or plaintiffs as required by Nicaraguan law and, consequently,
were not a part of the proceedings that investigated the incident. The State
notes that neither of the alleged victims informed the competent authorities
of an address for receiving information on the proceedings and contends that,
had they done so, “had they expressed that desire to be notified, for which
purpose the law requires the indication of an address within the jurisdiction of
the judge, it would have been complied with, even though neither the
Embassy of Ecuador in Nicaragua nor the petitioner […] provided the judge
with an address or location for receiving notifications.”7
53.
On the other hand, the State does not provide evidence
that the court, the Attorney General’s office, or any other State official notified
Mr. Patricio Fernando Roche Azaña of his rights regarding intervening in the
trial or to be notified of the final judgment. As the State reports, Mr. Roche
Azaña was in critical condition when the judge visited the hospital on April 30,
1996 and apparently was sufficiently incapacitated that he could not provide
a declaration or speak with the judge. Mr. Roche Azaña asserts that he spent
his first month in the hospital in a coma, which the Government does not
dispute. Mr. Roche Azaña then spent the next two months in the hospital until
6 Communication from the petitioner, received April 10, 2006.
7 Submission from the State, received July 5, 2007.
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