IACHR Files Application Before Inter-American Court of Human Rights in Case Concerning Violations of the Rights to Personal Liberty and to a Fair Trial in Nicaragua

December 26, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on October 24, 2023, an application before the Inter-American Court of Human Rights in Case 12,564, with regard to Nicaragua. This case concerns the deprivation of liberty of Alejandro Fiallos Navarro, as well as the failure to ensure judicial safeguards in criminal proceedings against him.

Alejandro Fiallos Navarro held several public positions during the presidency of Enrique Bolaños Geyer in Nicaragua. He stood for the position of Mayor of Managua in 2004, on the Alianza por la República ticket, and he served as secretary of Managua's City Council.

A criminal complaint was filed against Fiallos Navarro on July 20, 2004. The complaint was filed by a woman who had been hired for a year as coordinator of the procurement unit at the Nicaraguan Institute of Municipal Development (INIFOM), where Fiallos Navarro was the executive chairman. The contents of this investigation were later made public and Fiallos Navarro testified and pleaded not guilty. The defense challenged the judge, arguing that he had admitted inadmissible evidence, and later demanded that he recuse himself for allegedly dismissing evidence in inappropriate ways.

In August 2004, the court convicted Fiallos Navarro and four other individuals of abuse of power, conditional threats, and extorsion, and sentenced Fiallos Navarro to 45 days in jail, various fines, and a complete disqualification from holding public office for a period of one year.

Alejandro Fiallos Navarro was arrested without being notified of his conviction. His defense asked the judge in charge of the Second Local Criminal Court that he be released on bail and that the arrest warrant against him be revoked, but no decision was made about that request. Fiallos Navarro's defense appealed the conviction and filed a writ of habeas corpus. However, the same court confirmed its original conviction, revoked bail, and ordered that Fiallos Navarro be banned from leaving the country.

On September 5, 2005, the judge set a probation period of one year and a six-month complete disqualification from holding public office. The IACHR found that Fiallos Navarro had been unlawfully arrested, since the judge had ordered his arrest before notifying him of his initial court conviction and had failed to give the defense a chance to appeal, which violated Nicaraguan standards and procedure. Although the defense requested that Fiallos Navarro be granted bail, this decision was delayed for eight days and led to an unlawful detention.

Concerning judicial safeguards, the IACHR noted that there had been irregularities in proceedings, including violations of the right to a defense and of the principle of the presumption of innocence. The Commission further noted that court decisions had been inadequately justified and that the court had admitted testimonies that were based on hearsay and were never verified, which entailed a violation of judicial safeguards held in the American Convention.

The Commission found that the State of Nicaragua was liable for violations of the rights to personal liberty, a fair trial, participation in government, and judicial protection held in Articles 7.1, 7.2, 7.6, 8.1, 8.2, 23, and 25.1 of the American Convention, in keeping with the obligations held in Article 1.1 of the same instrument, to the detriment of Alejandro Fiallos Navarro.

The Commission therefore recommended that the State of Nicaragua adopt the following redress measures:

1. Provide comprehensive reparations—both material and immaterial—for all human rights violations, including financial compensation and other redress measures 
2. Take all necessary measures to annul all consequences stemming from the conviction
3. Take all legislative and other measures necessary to ensure an effective chance to contest the legality of an arrest
4. Provide training to judges concerning the standards of due process

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 317/23

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