IACHR Files Application Before Inter-American Court of Human Rights in Case Concerning Insufficient Safeguards and Inadequate Judicial Protection in Nicaragua

December 28, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on November 9, 2023, an application before the Inter-American Court of Human Rights in Case 13,658, with regard to Nicaragua. This case concerns the lack of adequate safeguards and the failure to provide appropriate judicial protection in the criminal investigation of events that happened on January 4, 2009, in the city of Granada and caused harm to José María Galdeano Ibáñez.

José María Galdeano Ibáñez, a Spanish citizen, suffered physical injuries at the hands of US citizen Mark Anthony Andrews outside the Oasis Hotel in Granada, Nicaragua. Galdeano Ibáñez filed a formal complaint, the National Police arrested Andrews, and an investigation was launched. A forensic medical examination confirmed on January 5, 2009, the injuries suffered by Galdeano Ibáñez.

However, Andrews was released that month by the National Police "in compliance with the constitutionally prescribed deadline." The Public Prosecutor's Office opted not to press charges for lack of solid, convincing evidence, but failed to adequately justify this decision in writing.

Unhappy about this situation, Galdeano Ibáñez sought support through the Spanish embassies in Peru and Paraguay. The response he received from the General Department for the Protection of Spanish Citizens Abroad said that the Nicaraguan Public Prosecutor's Office had refrained from pressing charges, given Galdeano Ibáñez 20 days to pursue a private prosecution, and noted the difficulties faced in crimes where the parties are foreigners who are not residents of Nicaragua, which suggests that the Police is unable to pursue investigations in those cases.

In its Merits Report, the Commission noted that the State of Nicaragua had failed to mention specific reasons or evidence to support the decision made by the Public Prosecutor's Office not to press charges in this case. The IACHR further noted that the actions of the Public Prosecutor's Office had failed to comply with minimum international standards for fair investigations and that the petitioner had not received a suitable response despite filing the relevant complaints to the authorities, which amounts to a violation of his rights to judicial safeguards and judicial protection.

The Commission found that the State of Nicaragua was liable for violations of the rights to judicial safeguards and judicial protection held in Articles 8.1 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 José María Galdeano Ibáñez.

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

1. Provide comprehensive reparations—including financial compensation and other measures— for human rights violations
2. Adopt training measures and protocols at the Public Prosecutor's Office to ensure that allegations of minor crimes where victims are foreigners are investigated and pursued with due diligence by the relevant authorities 

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. 323/23

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