EMBASSY OF NICARAGUA
THE HAGUE
The Hague, 23 September 2019
REF: HOL-EMB-098-2019
Excellency,
With reference to the case conceming Alleged Violations of Sovereign Rights and Maritime
Spaces in the Caribbean Sea (Nicaragua v. Colombia), I have the honour to draw your attention to
some troubling incidents involving the Colombian navy that took place in Nicaraguan waters. Due to
extemal factors, in particular the change of administrations in Mexico, the presentation of some of this
information to the Court was delayed. Nevertheless, Nicaragua considers that these events should be
brought to the Court's attention, particularly in light of recent declarations made by Colombia1 that
raise concems about the latter's intentions.
As described in the attached diplomatie notes,2 on 6 October 2018, the Colombian naval vesse! the
ARC-51 "Almirante Padilla" intercepted the Mexico-flagged research ship the "Dr. Jorge Carranza
Fraser", ordered it to stop its activities and prevented it from continuing, claiming that it was operating
in Colombian waters.3 In fact, however, the "Dr. Jorge Carranza Fraser" was operating in Nicaraguan
waters south of the enclave around Quitasuefio (13°51 '50.79"N - 81 °27' 18.066"W), having been duly
authorized by Nicaragua as part of a research project funded by the United Nations Food and
Agricultural Organization.4
A similar incident occurred two days later on 8 October when the "Almirante Padilla" again
intercepted the "Dr. Jorge Carranza Fraser" and ordered it to leave while operating in Nicaraguan
waters south of Albuquerque Cay (11 °51 '39.798"N - 80°58'9.998"W).5 The former has been
corroborated by the Mexican authorities who reported that '"the authorities and crew members on
board the research vessel had no other option but to obey the request of the referred patrol [ ... ] and
[ ... ] modify the course and the scientific execution originally planned'"6. Annex 15 (A) and (B)
illustrates the route originally agreed between the Mexican and Nicaraguan authorities together with
1 El Tiempo, "Colombia will not agree to lose a single millimeter to Nicaragua", 18 August 2019
(Annex 19).
2 See Annexes 1-1 O.
3 See Diplomatie Note MRENM-AMM/DGAJST/1545/11/18 dated 15 November 2018 (Annex 1).
4 See Scientific Fishing Permit extended to Mexican vessel "Dr. Jorge Carranza Fraser" (Annex 16).
5 See Diplomatie Note MRE/DM-DMC/DGAJST/00553/12/18 dated 5 December 2018 (Annex 2).
6 See Letter from the Mexican National Institute ofFisheries and Aquaculture (Annex 12).
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EMBASSY OF NICARAGUA
THE HAGUE
the route as modified in response to Colombia's harassment, which lasted for approximately three
days and hindered the objectives of the research project.
Even more seriously, late in the evening of 10 December 2018, the Nicaraguan navy vessel the
"Tayacan" discovered a Honduran flagged vesse!, the "Observer", conducting illegal fishing activities
in Nicaraguan waters approximately 110 nautical miles northeast of Nicaragua's Miskito Cays
(14°58'00" - 81°00'00").7 The "Tayacan" boarded the "Observer" and discovered 5357 pounds of
lobster and 150 lobster traps on board,8 among others things, along with a Colombian fishing permit9
and a departure certificate issued in San Andrés and dated November 2018. 10 On board the "Observer"
were 13 Hondurans and one Colombian citizen. 11
Early in the moming of 11 December, while escorting the "Observer" to Nicaraguan port, the
"Tayacan" detected the presence of the Colombian navy frigate ARC-53 "Antioquia"12
. Shortly
thereafter, a low-flying plane harassed the "Tayacan" and the ARC-53 established communication to
demand that the Nicaraguan Navy release the "Observer"13 . The "Tayacan" refused. The ARC-53 then
dispatched a fast boat to harass the Nicaraguan Navy boat, which proceeded to change course to avoid
further trouble. 14
Later, after hours of following the "Tayacan" the ARC-53 took active hostile actions with the aim
of impeding the transfer of the "Observer" to port in Nicaragua. These actions culminated in the ARC-
53 twice bumping the "Tayacan"15 and bumping the "Observer" four times 16
. The situation was made
7 See Diplomatie Note MRE/DM-DM/DGAJST/00585/12/18 dated 22 December 2018 (Annex 6). See also Map
elaborated by the INPESCA Satellite Tracking System (Annex 18-c).
8 See Images of the product found onboard the "Observer" (Annex 18-i).
9 See Colombian Certificate ofFishing Patent (Annex 18-f).
10 See Colombian Set Sail (Annex 18-g).
11 See Report by the Ministry of Interior (Annex 11 ).
12 See Affidavit by Officer Nery Medardo Monjarrez Padilla (Annex 17-a).
13 See Affidavit by Officer Nery Medardo Monjarrez Padilla (Annex 17-a).
14 See Affidavit by Officer Nery Medardo Monjarrez Padilla (Annex 17-a).
15 See Affidavit by Officer Nery Medardo Monjarrez Padilla (Annex 17-a). See also Interview to Tito Velasquez
Cuevas, captain of the "Observer"(Annex 17-t) and Interview to Jonathan Neftali Velasquez Colon, second
captain of the "Observer" (Annex 17-g) and Photographs showing the damage done by the Colombian Navy to
the Nicaraguan Navy vesse! BL-405 "Tayacan" (Annex 17-d).
16 See Affidavit by Officer Bismarck Isidro Valle Castro (Annex 17-b); Interviews to Tito Velasquez Cuevas
(Annex 17-f), Jonathan Neftali Velasquez Colon (Annex 17-g), Nixon Geriton Centeno Chavez (Annex 17-h),
Samuel de Jesus Hemandez Galeas (Annex 17-i). See also Photographs showing the damage done by the
Colombian Navy to the Honduran flagged vesse! "Observer" (Annex 17-e) and Videos (Annex 17-k).
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EMBASSY OF NICARAGUA
THE HAGUE
worse by the fact that the "Tayacan" was towing the "Observer" due to a mechanical failure 17
, thus
making it more dangerous for both boats to resist the bumping. At one point during the incident, the
crew of the ARC-53 pointed their guns at the Nicaraguan naval personnel aboard the "Observer" and
demanded that they surrender andjump to water, otherwise they would shoot "to kill". 18
At this point, despite Nicaragua's best efforts to defuse the situation-including establishing
communication with the Chief of the Colombian Navy while the events were unfolding19-the hostile
conduct of the ARC-53 "Antioquia" continued for some time. 20 The illegal aggressive actions of the
ARC-53 "Antioquia" put the lives of the crews ofboth vessels in danger, resulting in head injuries21 to
the Nicaraguan crew and serious damage to the "Tayacan"22 and the "Observer"23
•
Captured images from the video showing the ARC-53 "Antioquia" bumping the "Observer"
while is being towed by the Nicaraguan Navy
(a)
17 See Affidavit by Officer Bismarck Isidro Valle Castro (Annex 17-b).
18 See Affidavit by Officer Bismarck Isidro Valle Castro (Annex 17-b).
19 See Audio Transcripts (Annex 17-c).
20 See Affidavit by Officer Bismarck Isidro Valle Castro (Annex 17-b).
21 See Affidavit by Officer Nery Medardo Monjarrez Padilla (Annex 17-a).
22 Photographs showing the damage done by the Colombian Navy to the Nicaraguan Navy vesse! BL-405
"Tayacan" (Annex 17-d).
23 Photographs showing the damage done by the Colombian Navy to the Honduran flagged vesse! "Observer"
(Annex 17-e).
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EMBASSY OF NICARAGUA
THE HAGUE
(b)
(c)
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EMBASSY OF NICARAGUA
THE HAGUE
Nicaragua considers all these actions to be flagrant violations of its rights as conclusively
adjudicated by the Court in its 2012 Judgrnent in the Territorial and Maritime Dispute (Nicaragua v.
Colombia), and a threat toits rights in dispute in this case. In case of any further escalations in the area
Nicaragua reserves all of its rights in this respect, not only to inforrn the Court of any continuation of
Colombia's provocative conduct, but also to request any measures deemed necessary.
Nicaragua has annexed to this letter the supporting documentation of the related events. Pursuant
to Article 56 of the Rules of Court, Nicaragua respectfully requests that the annexed document be
included in the formai record of this case.
Accept, Sir, the assurances of my highest consideration.
His Excellency
Mr. Philippe Gautier
Registrar
International Court of Justice
Peace Palace
The Hague
Carlos J. ARGÜ LLO GÔMEZ
Agent
Republic of Nicaragua
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EMBASSY OF NICARAGUA
THE HAGUE
CERTIFICATION
The undersigned Agent of the Republic of Nicaragua certifies that the documents annexed to this letter
are true and accurate copies of the original of the documents and that the translations into English
made by Nicaragua are accurate translations. The documents annexed are the following:
ANNEX
1
2
3
4
5
6
7
8
9
10
11
12
DOCUMENT
Diplomatie Note MRE/VMAMM/
DGAJST/1545/11/18 dated 15
N ovember 2018
Diplomatie Note MRE/DMDMC/
DGAJST/00553/12/18
dated 5 Deeember 2018
Diplomatie Note MNIMNG 263 dated 13
December 2018
Diplomatie Note MNIMNG 264 dated 14
Deeember 2018
Diplomatie Note MNIMNG 270 dated 19
December 2018
Diplomatie Note MRE/DMDM/
DGAJST/00585/12/18 dated 22
Deeember 2018
Diplomatie Note S-GACIJ-19-000336 dated
9 January 2019
Diplomatie Note S-DVRE-19-004909 dated
27 February 2019
Diplomatie Note M RE/DMDMC/
DGAJST/00127/03/19 dated 9 March
2019
Diplomatie Note MRE/DMDMC/
DGAJST/00367 /08/2019 dated 2
August 2019
Report by the Ministry of Interior
Letter from the Mexican National Institute of
6
13
14
15
16
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EMBASSY OF NICARAGUA
THE HAGUE
Fisheries and Aquaculture
Affidavit by Luis Emilio Velasquez
Chavarria
Affidavit by Ray Elvis Smarth Apinas
Annex 15 (a)
Original Navigation Course and Sampling
Stations of the authorized Mexican research
ship Dr. Jorge Carranza Fraser in Nicaraguan
waters
Annex 15 (b)
Modified Navigation Course and Sampling
Stations of the authorized Mexican research
ship Dr. Jorge Carranza Fraser in Nicaraguan
waters
Scientific Fishing Permit extended to
Mexican vessel "Dr. Jorge Carranza Fraser"
Letter from the Nicaraguan Navy Chief to the
Minister of Foreign Aff airs transmitting the
following documents:
(a) Affidavit by Officer Nery
Medardo Monjarrez Padilla
(b) Affidavit by Officer Bismarck
Isidro Valle Castro
( c) Audio Transcripts
( d) Photographs showing the damage
done by the Colombian Navy to
the Nicaraguan Navy vessel BL-
405 "Tayacan"
( e) Photographs showing the damage
done by the Colombian Navy to
the Honduran flagged vessel
"Observer"
(f) Interview to Tito Velasquez
Cuevas (Captain of the
"Observer")
7
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EMBASSY OF NICARAGUA
THE HAGUE
(g) Interview to Jonathan N eftali
Velasquez Colon (Second Captain
of the "Observer")
(h) Interview to Nixon Geriton
Centeno Chavez (Crewmember of
the "Observer")
(i) Interview to Samuel de J esus
Hemandez Galeas (Crewmember
of the "Observer")
(j) Audios
(k) Videos
Letter from the Executive President of the
Nicaraguan Fisheries and Aquaculture
Institute to the Deputy Minister of Foreign
Affairs transmitting the following documents:
(a) Report by the Nicaraguan Fisheries
and Aquaculture Institute
(b) Inspection Certificate No. 133078
( c) Map elaborated by the INPESCA
Satellite Tracking System, with the
position declared by the Naval Force
at the moment they detained the
OBSERVER vessel.
( d) Honduran Provisional Certificate of
Registry
( e) Honduran Seaworthiness Certificate
(f) Colombian Certificate of Fishing
Patent
(g) Colombian Set Sail
(h) Honduran Certificated issued in
accordance with the International
Convention on standards of training,
8
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EMBASSY OF NICARAGUA
THE HAGUE
certification and watchkeeping for
seafarer
(i) Images of the product found onboard
the "Observer"
(j) Official Log Book No. 002801
(k) Official Log Book No. 001447
(1) Certificate of Delivery
(m) Certificate of Deposit
El Tiempo, "Colombia will not agree to lose a
single millimeter to Nicaragua", 18 August
2019.
Carlos J. ARGÜELLO GOMEZ
Agent
Republic of Nicaragua
9
New documents submitted by Nicaragua after the Closure of the Written Proceedings