Washington D.C., February 10, 2023.- The International Institute on Race, Equality and Human Rights (Race and Equality) celebrates with emotion and hope the release of 222 people who remained incarcerated for political reasons in Nicaragua. “This is the result of the perseverance of family members, activists, civil society organizations and human rights organizations in their work to make visible the situation of political prisoners in the country and demand their immediate release,” said Carlos Quesada, Director of the organization. 

Since the social unrest of April 2018 and the subsequent indiscriminate use of force by state and pro-government groups, the Inter-American Commission on Human Rights (IACHR) has documented 355 fatalities, more than 1600 people injured, and 1614 arbitrarily detained (as of May 2020). The Mechanism for the Recognition of Political Prisoners reported at least 245 persons deprived of liberty for political reasons, as of January 30, 2023; and 35 persons after the mass release of the morning of February 9. 

All of these people have reportedly been victims of torture, cruel, inhuman or degrading treatment in state-run facilities that do not comply with the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules).

Freed Under a Continuum of Human Rights Violations

The U.S. State Department confirmed through a statement that the Biden-Harris administration facilitated the safe transfer of the 222 released individuals to Dulles International Airport in Washington, DC, and is providing them with medical and legal support. Race and Equality is part of the assistance team, securing hotel accommodations and per diems, providing basic necessities, and ensuring their relocation within the United States.

Meanwhile, while these people were still flying to the United States and in order to legitimize the actions of the authoritarian regime of Ortega and Murillo, the President of the First Chamber of the Court of Appeals of Managua (TAM), Octavio Rothschuh ordered the “immediate and effective deportation” of the 222 people released from prison, who had already been declared “traitors to the homeland and permanently disqualified” for public and popularly elected positions, and “suspended their citizens’ rights for life”. 

Subsequently, the National Assembly -controlled by the governing party- amended Article 21 of the Political Constitution of Nicaragua adding that “traitors to the homeland lose their status as Nicaraguan nationals” and recalling that, in the Law for the Defense of the Rights of the People to Independence and Self-Determination for Peace (Law 1055) are established “actions that harm the supreme interests of the nation, therefore, Nicaraguans executing these acts are considered traitors to the homeland”.

In addition, minutes later, the Assembly approved a Special Law Regulating the Loss of Nicaraguan Nationality which, through its Article 2, establishes that the persons sentenced under Law 1055 “will lose their Nicaraguan nationality”.

Pronouncement

From the International Institute on Race, Equality and Human Rights (Race and Equality) we reject the unconstitutional reform to Article 21 of the Political Constitution of Nicaragua, an attempt to legally banish and cancel the Nicaraguan nationality of a person born in the country. With this action, the State of Nicaragua violates human rights, precisely the civil and political rights of Nicaraguans, and fails to comply with multiple human rights treaties.

We deeply regret that the State of Nicaragua is keeping 35 people imprisoned for political reasons in inhumane conditions. We are particularly concerned about the situation of Monsignor Rolando Álvarez, who, according to Daniel Ortega, did not accept the banishment and was moved from a “house in prison” regime to a cell in the “La Modelo” Penitentiary System. We consider it extremely serious that in a threatening manner, Ortega described him as “arrogant”, “unhinged” and “a madman” who “cannot have the courage of Christ, who endured the scourging and endured the crucifixion”. 

We do not forget to highlight the fundamental role of the voices of Nicaraguan civil society and national and international organizations in monitoring, documenting and denouncing human rights violations, particularly arbitrary detentions and criminalization of opponents, human rights defenders, student leaders, journalists, businessmen, peasants, among others. Their hard work has been tireless and has transcended to the international level.

Finally, we reaffirm our commitment to the reconstruction of democracy, which will only be possible with the release of all persons deprived of liberty for political reasons, the safe return of exiled persons, respect for human rights and fundamental freedoms, and justice and accountability for crimes against humanity committed in Nicaragua. 

There is still a long way to go, but with great hope we demand: Justice for Nicaragua! Free Nicaragua Now!