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Press Release
Eric Volz To File Emergency Human Rights Petition Against Nicaragua With Inter-American Commission On Human Rights
June 15, 2009 (Washington, D.C.) - Eric Volz, an American citizen whose sham conviction on murder charges in Nicaragua and subsequent release made headlines around the world last year, will file an emergency petition against the Republic of Nicaragua with the Inter-American Commission on Human Rights in Washington, D.C., Tuesday, June 16 at 9:30am.
The petition asks the Inter-American Commission to issue an order terminating the Nicaraguan government's unlawful and improper efforts to have his conviction reinstated by the Supreme Court of Nicaragua. The petition also seeks a declaration that Volz's human rights were violated by the Nicaraguan court system. click here for more...
"I believe in justice and in the rule of law," said Eric Volz. "I lost more than a year of my life for a crime the Nicaraguan government and court system knew I did not commit. What happened to me should not happen again to anyone. The courts exist to protect the innocent, and that is why I am asking the Inter-American Commission to act."
Based in Washington, D.C., the Inter-American Commission on Human Rights is an independent body comprised of members of the Organization of American States. Its mandate is to investigate human rights violations in member countries, including Nicaragua. It protects the rights granted by the OAS Charter, the American Declaration of Rights and Duties of Man, and the American Convention on Human Rights. These include the right to a fair trial and the right to an impartial tribunal.
In February 2007, Eric Volz was convicted of the murder of Doris Jimenez and sentenced to a 30-year prison term. The trial court excluded or discounted iron-clad alibi evidence from 7 independent witnesses who were with Volz in Managua when the murder occurred in a town two hours away, as well as cell tower and instant messaging records that confirmed his whereabouts. The trial court convicted Eric Volz, based solely on the testimony of a local surfer and acknowledged alcoholic who was originally charged with the crime but granted immunity when he agreed to testify that he had seen Volz at the murder scene.
Eric Volz was set free by an appeals court in a 2-1 decision. But on November 17, 2008, the Nicaraguan government asked the Supreme Court of Nicaragua to reinstate his conviction.
International law firm Gibson, Dunn & Crutcher is representing Mr. Volz pro bono. Gibson Dunn partner, Andrew Tulumello, explains, "This case is about an innocent man who deserves to clear his name once and for all. But this case is also about more than just one man. It presents an opportunity for the Commission to reaffirm that a fair trial, before an unbiased judge, is a fundamental right that belongs to every man, woman, and child in every country in the Americas."
Under the Inter-American Commission on Human Rights' rules and procedures, Nicaragua can take appropriate remedial actions that render the petition unnecessary, such as dismissing the case from the Supreme Court of Nicaragua. If the Nicaraguan government does not take such steps, the Commission will investigate the matter and may refer it to the Inter-American Court of Human Rights, based in Costa Rica, for a hearing and determination of Eric Volz's claims.
Contacts:
Melissa Campbell, PR Representative for Eric Volz, 931 598 5075 or 931 703 0557, cam@edge.net
Emily Carhart, Gibson Dunn, 202 955 8223, ecarhart@gibsondunn.com
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