IACHR Files Case with IA Court Concerning Attacks During Elections and Lack of Justice in Nicaragua

February 8, 2024

Washington, DC—On November 17, 2023, the Inter-American Commission on Human Rights (IACHR) filed a petition with the Inter-American Court of Human Rights (IA Court) regarding Nicaragua for attacks on personal integrity and lack of access to justice to the detriment of Jaime Antonio Chavarría Morales and his family during elections.

In 2008, Jaime Antonio Chavarría Morales, a candidate for municipal councilor in Nicaragua, and his family were physically assaulted and threatened during the voter verification process for municipal elections. According to medical reports, the brutal attack on Chavarría and his family had severe physical consequences, including broken bones and injuries.

Jaime Antonio Chavarría Morales and his family filed complaints with the electoral and police authorities, as well as legal appeals seeking justice and protection. Their reports to the Verification Center, the Electoral Verification Board, the Municipal Electoral Council, and the Departmental Electoral Council were rejected or ignored in response to directives from the Supreme Electoral Council (CSE). In addition, complaints to the National Police Force and the Electoral Prosecutor's Office did not result in effective action. The criminal charges filed against their attackers were rejected on several occasions, culminating in the case being dropped in May 2016 without the victims being notified of this.

The threats and violence continued and intensified after Chavarría filed a petition with the IACHR. As a result, his son, Jaime Antonio Chavarría Alonso, had to flee to the United States.

In its Admissibility and Merits Report, the IACHR found that the State failed to fulfill its obligation to protect the personal integrity of Jaime Antonio Chavarría Morales and his family during and after the 2008 municipal elections. It underlined the absence of state intervention to stop the acts of violence and the lack of an effective investigation into the electoral and criminal complaints filed. The IACHR found that the lack of police action had a significant impact on the course of events and that appropriate intervention could have prevented or at least minimized the damage caused.

The IACHR also found that guarantees of due process and judicial protection had been violated in relation to the electoral and criminal complaints in question. It drew attention to the lack of diligence in how legal proceedings were conducted, the fact that the victims were not notified of judicial decisions, and the fact that more than 14 years have gone by without a complete and effective investigation.

The IACHR also found that the personal integrity of Jaime Antonio Chavarría Morales and his family had been violated, including through acts of violence and threats against minors that resulted in one family member being forced to move to the United States.

The IACHR found the State of Nicaragua to be responsible for violations of the human rights of Jaime Antonio Chavarría Morales and his family. These include the violation of the rights to personal integrity (article 5.1), judicial guarantees (article 8.1), and protection (article 25.1) of the American Convention on Human Rights in relation to article 1.1. The State is also responsible for the violation of article 17.1 of the American Convention in relation to article 1.1 by affecting the nuclear family of Jaime Antonio Chavarría Morales—namely his wife, daughters, and sons—and especially in relation to article 19, to the detriment of Grace Alejandra and Jaime Antonio Chavarría Moreno. It is also responsible for the violation of article 5 of the American Convention in relation to articles 1.1 and 19, to the detriment of the underage family members identified in the report.

The IACHR requests that the IA Court establish the following reparation measures:

1. Provide full reparation for the human rights violations recognized in the report in favor of Jaime Antonio Chavarría Morales and his family, including financial compensation and measures of satisfaction.
2. Ensure the concerted implementation of psychological and psychosocial healthcare measures specifically tailored to minors.
3. Conduct a thorough, impartial, and effective investigation into the case with due diligence to identify those responsible and apply the appropriate sanctions.
4. Adopt measures to ensure these events are not repeated, such as training for the National Police Force in protection protocols during situations of violence, especially in connection with elections, and human rights training programs for the Public Prosecutor's Office to ensure that cases of electoral violence are diligently investigated.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 029/24

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