31M Trans Visibility: What Happens to Trans People in the Context of Political Crises and Authoritarian Regimes?

31M Trans Visibility: What Happens to Trans People in the Context of Political Crises and Authoritarian Regimes?

Washington D.C., March 31, 2023 – Marking International Day of Transgender Visibility, The International Institute on Race, Equality, and Human Rights (Race and Equality) highlights and recognizes that within the region political and social crises, including authoritarian regimes generate differential impacts on vulnerable groups of people. For trans people and people of diverse genders, the impact is even greater when considering factors like socioeconomic status, race, migratory status, and age.

LGBTI+ people, and specifically trans people, systematically suffer human rights violations in different aspects of their lives. Moreover, in authoritarian regimes or in complex political and social contexts, their situation is aggravated by legislative setbacks and legal gaps, and it is therefore more difficult to guarantee respect for and compliance with international human rights obligations. In addition, the level of impunity for hate crimes are increasing and violence and discrimination are often perpetrated by public officials.

In Brazil, during Jair Bolsonaro’s administration, there was an increase in hate speech against the LGBTI+ population, which specifically affected the trans population. The rise of the extreme right, linked to conservative religious groups, strengthened the anti-trans agenda which became institutionalized and gained space in official government speeches. The anti-rights fundamentalist groups that persecute and lie about gender diversity, calling it “gender ideology,” have constructed a violent discourse which targets trans people as enemies and prevents the construction of public policies aimed at improving the human rights of this population. “In addition, they attack rights that have been conquered, such as respect for social names and a self-declared gender in public and private establishments, as well as the use of the bathroom according to your gender,” explains Gab Van, Representative of the João W. Nery Transmasculina League.

In 2022, Brazil maintained its 14th consecutive year as the top of the ranking for murders of trans people. According to the National Association of Transvestites and Transsexuals (ANTRA), 131 trans people were murdered in Brazil in 2022 (130 trans women and 1 trans masculine person). At least 76 percent of the victims were black.[1]

In Peru, the country is currently experiencing a serious institutional, political, and social crisis. After the attempted coup d’état against Congress by President Pedro Castillo in December 2022 and Dina Boluarte assuming presidency, various sectors of society are unaware of the government of Dina Boluarte and the Congress of the Republic. This has generated a series of nationwide protests causing 67 deaths, with 1,335 people injured,[2] along with arbitrary arrests, arbitrary searches, and a series of human rights violations by the government, the police, and military forces. Within this context, the situation of the trans population worsened and was relegated, not to mention the increase of impunity for hate crimes. In the first month and a half alone of this year, eight murders of trans women were reported,[3] which were classified as violent deaths. “As long as there is no gender identity law, this system will continue to oppress us because it does not recognize us as women and we cannot exercise full and responsible citizenship,” said Alejandra Fang, member of Trans Feminist Organization for the Human Rights of Trans People.

To date, there is no official record of violence and hate crimes against trans and gender-diverse people. The little information known so far is obtained through the media and trans civil society organizations who make great efforts for such documentation. Similarly, political studies, analyses, and reports on human rights violations make no reference to the situation, and the differentiated impact on the current institutional crisis, and the lives of trans and gender diverse people.

In the case of Nicaragua, the context of socio-political and human rights crises, where censorship and impunity prevail for the serious violations and abuses of human rights are perpetrated by the State and parastatal agents, there is no access to official figures on cases of violence against trans people; however,  according to testimonies gathered by the Expert Group on Human Rights on Nicaragua (GHREN), feminist leaders, women-led organizations, and groups (in all its diversity) have collectively been targets of attack.[4]

The authoritarian regime of Daniel Ortega and Rosario Murillo, held at least 4 trans women incarcerated in penitentiaries for men, denying them access to hormonal therapy and exposing them to differentiated risks based on their gender. The United Nations Working Group on Arbitrary Detention, in Opinion 12/2021, ruled on the case of a trans activist who was arbitrarily arrested on the second anniversary of the socio-political crisis, forced to be held in a men’s penitentiary and sentenced for 13 years and 2 months for “aggravated kidnapping” and “aggravated obstruction of duty.” “His status as a trans person was ignored as a form of humiliation against him,” concluded the Working Group. Finally, the activist was released in 2021, but the State never reported on the lifting of the charges against her, nor on the guarantees of reparation for the damages committed.

Similarly in Cuba, the arrest of Brenda Díaz, a 28-year-old trans woman who remains incarcerated in a male prison, reveals the serious situation faced by people with diverse gender identities on the Island. She was arrested for participating in the peaceful marches in July 2021 because, according to Cuban authorities, she “dressed as a woman to infiltrate” public demonstrations.[5] Victims face all kinds of discrimination and violence within this prison, Brenda is serving a 14-year prison sentence.

In Cuba, people with diverse gender identities can change the gender marker on official identity documents only if the applicant has undergone gender affirmation surgery, according to the database of the organization Ilga Mundo.[6] ILGA World also compiles other measures adopted by the Cuban government to protect this population, but according to trans people, they are not applied and remain a commitment on paper only. In the same way, women’s organizations affirm that a gender law against gender violence is needed to prevent gender-based violence.

In the case of Colombia, within the framework of the 2019-2020 National Strike, Colombia Diversa has documented that the majority of the victims of police violence, threats and homicides were trans women.[7] According to Caribe Afirmativo, as of 2019 most of the victims in 2020 were registered in Valle del Cauca, Antioquia, and Bogotá. In Valle del Cauca, for example, threats and repression by the police and impediments to demonstrations in public spaces were reported.[8] In addition, the Minister of Defense at the time, Diego Molano, criminalized the social leaders of LGBTI+ people in Cauca, establishing them as members of criminal organizations and offering a million-dollar reward to anyone who provided information about them.

Bicky Bohorquez, member of Somos Identidad, spoke about the importance of the personal security of trans people in demonstrations. “To promote the participation and visibility of trans people in spaces of social vindication, such as social protest, we must take into account that these must be safe spaces for us as trans people. Strategies such as listening and learning from our experiences, awareness, and education cannot be left out.”

Trans people in the region are exposed to more dangerous and vulnerable situations when their countries are in critical political and social contexts. Not only because their living conditions become more acute, but because their participation as political actors can place their physical and mental integrity at risk, especially in protest and emergency situations.

In view of these matters, Race and Equality wishes to submit recommendations to the States, many of which were presented by the IACHR in the Report on Trans and Gender Diverse Persons and their economic, social, cultural and environmental rights (2020):

  • Adopt gender identity laws that recognize the rights of trans and gender diverse people to rectify their name and sex and or gender component on their birth certificates, identity documents, and other legal documents. This is based on Advisory Opinion 24/2017 of the Inter-American Court of Human Rights (IACHR).
  • Eliminate any form of criminalization in laws and public policies, direct or indirect, of the conduct of people in the exercise of their gender identity or expression.
  • Include protections against discrimination based on gender identity in public and private spheres.
  • Develop and implement policies and programs to promote respect for the rights of trans and gender diverse people and their acceptance and social inclusion. These must be comprehensive, transversal, and based on the human rights approach, including the gender perspective.
  • Develop and implement information campaigns to raise awareness in public and private media about bodily and sexual diversity and the gender approach.
  • Promote information campaigns for trans and gender diverse people about their human rights and existing protection mechanisms.

[1] ANTRA (2022). Expediente Asesinatos y violencia contra travestis y transexuales brasileños. Disponible en https://antrabrasil.files.wordpress.com/2023/01/dossieantra2023.pdf

[2] Defensoría del Pueblo (2023) Crisis Política y Protesta Social. Reporte Diario. Disponible en https://www.defensoria.gob.pe/wp-content/uploads/2023/03/ReporteDiario2332023_17-horas.pdf

[3] Presentes (2023). Perú: Por primera vez miles de personas marcharon en Lima contra los transfemicidios. Disponible en https://agenciapresentes.org/2023/02/23/peru-por-primera-vez-miles-de-personas-marcharon-en-lima-contra-los-crimenes-de-transodio/

[4] Consejo de Derechos Humanos de las Naciones Unidas (2023). Conclusiones detalladas del Grupo de Expertos en Derechos Humanos sobre Nicaragua. Disponible en https://informenicaragua.org/wp-content/uploads/2023/03/A_HRC_52_CRP5_Spanish.pdf

[5] Race and Equality (2022). Cuatro historias de personas detenidas por reclamar cambios en Cuba. Disponible en http://oldrace.wp/es/cuba-es/cuatro-historias-de-personas-detenidas-por-reclamar-cambios-en-cuba/

[6] Ilga Mundo database: https://database.ilga.org/cuba-lgbti-es

[7] Colombia Diversa (2020). 2020, el año con la cifra más alta de violencia policial, asesinatos y amenazas contra personas LGBT. Disponible em https://colombiadiversa.org/blogs/2020-el-ano-con-la-cifra-mas-alta-de-violencia-policial-asesinatos-y-amenazas-contra-personas-lgbt/

[8]Caribe Afirmativo (2021). Violencias contra personas LGBT a 20 días de Paro Nacional. Disponible en https://caribeafirmativo.lgbt/violencias-contra-personas-lgbt-a-20-dias-de-paro-nacional/

Before the IACHR: Victims of the State of Nicaragua and their NGO representatives denounce arbitrary deprivation of nationality and other human rights violations

Washington D.C., March 13, 2023.- A delegation made up of three Nicaraguan victims of arbitrary deprivation of nationality and their representative organizations, International Institute on Race, Equality and Human Rights (Race and Equality) and Unidad de Defensa Jurídica (UDJ), denounced before the Inter-American Commission on Human Rights (IACHR) that the forced displacement of 222 persons released from prison and the arbitrary stripping of the nationality of more than 317 Nicaraguans “constitute systematic practices that are part of a generalized policy of political persecution” of the regime of Daniel Ortega and Rosario Murillo against persons considered to be opponents.

Law student and political prisoner, Kevin Solís; journalist and Director of 100% Noticias, Lucía Pineda Ubau; and journalist and Director of Radío Darío, Aníbal Toruño; told the Commission “first hand” about the violations of their human rights. Representatives of the IACHR expressed their solidarity with the victims and their families, and affirmed that the deprivation of nationality is a serious crime.

Kevin Solís: “Many times I wondered if I was going to endure more”

“Many times I wondered if I was going to endure more or if I was actually going to die there, a fear that to this day I have not overcome” recounted student Kevin Solis, who was imprisoned by the Ortega-Murillo regime on two occasions and finally, on February 9, was released from prison, stripped of his Nicaraguan nationality and citizen rights, and banished by the regime along with 221 other people who were deprived of liberty for political reasons in state centers in Nicaragua, who are now being hosted by the United States.

Solis was first kidnapped in 2018 and was imprisoned for 9 months. On February 6, 2020, he was kidnapped for the second time and transferred to the Dirección de Auxilio Judicial, where – among other aggressions – they stripped him naked and threw water on him with high-pressure hoses while insulting him. Six days later they sent him to the maximum security cells of “El infiernillo“, 2×3 in size, without windows, without light, and with a totally sealed door. 

“There was not a night where I could sleep peacefully, I was afraid, very afraid that they would come in to take me out of the cell and harm me even more,” the student confessed.

Lucía Pineda: Persecution crossed borders

“The regime accuses, prosecutes, sentences, and convicts in absentia, all in a single act to take away my Nicaraguan nationality and my house, the product of the honest work of a lifetime…. The persecution crossed borders,” denounced Lucía Pineda, who was imprisoned for her journalistic work for six months between 2018 and 2019, went into exile in Costa Rica as a result of political persecution and was stripped of her Nicaraguan nationality along with 93 other people, last February 15.

Pineda highlighted that, in the resolution read by the president of the Court of Appeals of Managua, Ernesto Rodríguez Mejía, 11 journalists and media directors were declared “fugitives from justice” and deprived of their Nicaraguan nationality. For this reason, she has asked the Commission to “advance in the knowledge of the cases of journalists and media outlets, to achieve prompt justice and reparation for the serious violations committed”.

Aníbal Toruño: “We are stigmatized as traitors, persecuted, and denationalized”

“In Nicaragua there is no space for the exercise of freedom of expression and press…. We are stigmatized as traitors, persecuted, denationalized, expropriated, and banished from the country”, denounced the Director of Radio Darío, Aníbal Toruño, who is in his second exile as a result of the destruction of his journalistic content and attacks against him in April 2018 and September 2019. Toruño is on the list of 94 people arbitrarily deprived of their nationality since February 15. 

The workers of Radio Darío are beneficiaries of precautionary measures; however, the State of Nicaragua has been in complete disregard of the Commission’s requests and, to date, the implementation of the measures has been null and void. “No measures have ever been adopted to protect me…. On the contrary, in the last few months the instrumentalization of the Judicial and Legislative Power has deepened repression and thus has silenced the independent media with the interest of producing a general information blackout”, added Toruño.

IACHR Representatives: “The loss of nationality is equivalent to civil death and this is a serious crime”

Commissioner Esmeralda Arosemena de Troitiño, IACHR Rapporteur for Nicaragua stated that the stripping of nationality “and removing their names from public records has an impact on the identity and lives of people and their children.”

“Everything you have been through has to be remembered. This is not just a problem of Nicaragua, it is a problem of humanity, of democracy. Everything we have heard is the dehumanization of the other,” said Commissioner Julissa Mantilla.

For his part, Commissioner Joel Hernández affirmed that “the loss of nationality is equivalent to civil death and this is a serious crime” and emphasized the importance of the creation and monitoring of the Special Follow-up Mechanism for Nicaragua (MESENI) to document these and other serious human rights violations in Nicaragua. 

The Rapporteur on the Rights of Persons Deprived of Liberty, Commissioner Edgar Stuardo Ralón, thanked Race and Equality for its work on behalf of persons deprived of liberty for political reasons and reaffirmed its commitment to continue working for the release of the 37 people still imprisoned. 

At the end of the hearing, the Chair of the IACHR, Margarette May Macaulay, pledged that the IACHR will continue to “work diligently to seek to correct these grave and disproportionate violations against the Nicaraguan people”.

Pronouncement

Race and Equality, the Unidad de Defensa Judicial and the persons represented urge the Commission to, among other things, maintain the protection measures and require the immediate release of the 37 persons who are still deprived of liberty for political reasons in Nicaragua; we also request that the State of Nicaragua be required to: 

  • Close the judicial processes and eliminate the criminal records of the persons released from prison and banished, and cease the persecution of their families.
  • Guarantee family reunification, facilitating the issuance and validity of basic official information to exercise citizenship rights for those affected by the violations that gave rise to the hearing.
  • Restore the nationality of the people who have suffered their dispossession and guarantee their citizenship rights, including the right to their old age pension.
  • Cease the requirements of the Attorney General’s Office to dispossess the 94 persons deprived of their nationality on February 15, among others.
  • Repeal the Law to Reform Article 21 of the Political Constitution of Nicaragua, the Law to Regulate the Loss of Nationality, as well as Laws 1055 and 1042, which have been used to criminalize the defense of human rights and all forms of dissidence.

Race and Equality strongly condemns the illegal stripping of Nicaraguan nationality from 94 people by the Ortega-Murillo regime

Washington D.C., February 16, 2023 – The International Institute on Race, Equality and Human Rights (Race and Equality) strongly condemns the decision of the authoritarian regime of Daniel Ortega and Rosario Murillo to strip 94 Nicaraguans of their nationality and citizenship rights and order the confiscation of their assets, accusing them of being “traitors to the homeland” and considering them “fugitives from justice”. Among these people are human rights defenders, social and political activists, journalists, media directors, writers and religious people who did not receive prior notification of proceedings against them and are added to the 222 persons released from prison who were banished and stripped of their nationality on February 9. 

The decision was announced yesterday, February 15, by Ernesto Rodriguez, Presiding Magistrate of the Court of Appeals of Managua, who alleged that it was adopted by the criminal district judges of Managua, following a denunciation by the Public Prosecutor’s Office about which the victims were not informed either. 

It should be noted that the regime had already made use of this practice in the past. Between 2018 and 2021, it cancelled the nationality of at least 3 persons; and in the last seven days, it has stripped 316 Nicaraguan persons of their nationality, including 222 exiled persons who had been deprived of their liberty for political reasons and had suffered acts of torture and other cruel, inhuman and degrading treatment in state detention centers in Nicaragua.

Statement

In view of the serious situation described above, Race and Equality rejects and condemns the fact that the authoritarian regime of Ortega and Murillo continues to use the Judiciary to issue resolutions that contravene all international instruments signed by the Nicaraguan State. These unilateral decisions on the part of the courts of justice represent a flagrant and absolute violation of the principles of the administration of justice, due process and the human rights of the victims.

The State of Nicaragua is obliged to comply with the provisions set forth in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Convention on Human Rights and other international human rights instruments. In this regard, we recall that Article 9 of the Universal Declaration of Human Rights establishes that: “No one shall be arbitrarily arrested, imprisoned or exiled“, and Article 15: 1. “Everyone has the right to a nationality” and 2. “No one shall be arbitrarily deprived of his/her nationality”.

The acts in which the regime is incurring, and in particular, the stripping of nationality and the forced exile of hundreds of people, constitute crimes against humanity according to Article 7 of the Rome Statute of the International Criminal Court, which must be investigated, tried and punished in order to eradicate the structural impunity that prevails in the country.

We alert the international community and human rights protection bodies about this new repressive method to intimidate, silence and leave defenseless people who remain in the country and those who were forced into exile. We emphasize that some of these people have been granted provisional measures by the Inter-American Court of Human Rights (IACtHR) due to their serious situation and irreparable risk to their lives. 

We call on the member states of the United Nations Human Rights Council to support a new resolution that renews for two years the mandate of the “Group of Experts on Human Rights in Nicaragua” and reinforces its intersectional approach, paying special attention to groups such as victims of forced displacement and victims of arbitrary detention for political reasons and their families.

We demand respect for the personal integrity of the prominent human rights defenders: Dr. Vilma Núñez de Escorcia, president of the Centro Nicaragüense de Derechos Humanos CENIDH (Nicaraguan Center for Human Rights); Sofía Montenegro, journalist and activist, and Azahalea Solís, feminist activist; as well as any other person accused for political reasons who is in the country. 

We will continue to denounce the abuses being committed by the Ortega-Murillo regime and to document the serious human rights violations committed against those who are clamoring for freedom in Nicaragua. Those responsible for such outrages must be brought to justice and reparations made.

Race and Equality celebrates the release of 222 political prisoners from Nicaragua and participates in technical assistance for their relocation to the U.S.

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!

Race and Equality Denounces Cuba, Nicaragua, and Venezuela arbitrarily holding more than 1,500 people deprived of liberty for political reasons

Washington D.C., January 23, 2023 – In the framework of the 7th Summit of Heads of State and Government of the Community of Latin America and Caribbean States (CELAC), the International Institute on Race, Equality and Human Rights (Race and Equality) denounces Cuba, Nicaragua, and Venezuela hold on the largest number of people deprived of liberty for political reasons in the Americas. In these three countries more than 1,500 people have been or are in the process of being subjected to unfair trials, as well as physical and psychological torture.

Cuba holds the most people deprived of their liberty. According to figures from the 11J Justice working group. as of January 10, 2023, more than 600 people remained in detention for having participated in the peaceful protests of July 2021.

However, the number of Cubans who have been detained for demanding their rights is even higher. The Inter-American Commission on Human Rights (IACHR) revealed at the end of last year that more than a thousand citizens remain in prison for political reasons on the island.

As of January 17, 2023, Foro Penal registered 274 persons deprived of liberty for political reasons in Venezuela, the second country with the highest number of this type of arbitrary detention. Meanwhile in Nicaragua the numbers continue to increase, and as of November 2022, the Mechanism for the Recognition of Political Prisoners counted more than 235 persons arbitrarily deprived of their liberty for political reasons.

Due to this situation, Race and Equality is carrying out a series of actions to denounce the situation in Argentina, the country where the VII CELAC Summit will be held, so that the heads of state are aware that they must continue to demand the release of these people.

As part of these strategic actions in the framework of the CELAC Summit in Buenos Aires, we have installed 200 two-sided vertical posters that are at the eye level of passers-by, with a message demanding that the more than one thousand people deprived of their freedom for political reasons in Cuba, Nicaragua and Venezuela be released.

The posters were placed at strategic points in the city of Buenos Aires, including near the Sheraton Buenos Aires Hotel & Convention Center, where the Summit will be held.

We also installed two billboards for a period of three days (January 20, 21, and 22); one demanding the release of the more than 600 people deprived of liberty for political reasons in Cuba, and the other for the more than 235 people arbitrarily detained in Nicaragua. These were placed in front of the Quinta Presidencial de Olivos, the official residence of the President of Argentina, Alberto Fernández.

We reiterate our commitment to the people deprived of their freedom in Cuba, Nicaragua and Venezuela, so that their stories are known, as well as the arbitrariness to which they have been subjected to.

The organizations in Cuba, Nicaragua and Venezuela that demand the release of persons deprived of liberty for political reasons will be accompanying us in the denunciations and

demands for freedom. The loved ones of the detainees will also raise their voices using social media networks, so that the immediate release of the arbitrarily detained persons remains on the agenda.

From Race and Equality and allied organizations, we continue to carry out litigation and advocacy actions before the international bodies of the Inter-American System and the Universal System of Human Rights to facilitate a path towards the freedom of all persons unjustly deprived of their liberty in Cuba, Nicaragua and Venezuela.

UN expert Vasilka Sancin: Nicaragua must re-establish effective communication with international mechanisms

San José, December 7, 2022.- The State of Nicaragua must reestablish “effective and constructive communication with all international mechanisms”, assured the former Vice-President of the Human Rights Committee and current member of the Advisory Committee of the United Nations Human Rights Council, Vasilka Sancin, in a press conference following up on the concluding observations issued by the Human Rights Committee last November 3.

The conference was also attended by Nicaraguan human rights defenders Alexandra Salazar, Coordinator of the Legal Defense Unit (UDJ), and Wendy Flores, Coordinator of the Human Rights Collective “Nicaragua Nunca Más”, who assured that the 17 observations of the Committee encourage them “not to stop demanding justice and freedom” and to continue their work of documentation and denunciation.

Of the recommendations addressed by the Committee, the speakers highlighted the situation of persons deprived of liberty for political reasons, the rights of indigenous and Afro-descendant peoples, the situation of women’s rights in the face of violence, the excessive use of state forces, the lack of independence of the branches of government, among others.

On the situation of persons deprived of liberty for political reasons, Ms. Sancin stated that the State of Nicaragua must take strong measures to “ensure that the right of habeas corpus is available to all detainees” and the application of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) in detention centers; and urged the Nicaraguan authorities to immediately release persons arbitrarily detained in the context of the socio-political crisis and the general elections of November 2021.

Sancin also referred to the need for Nicaragua to consider holding new elections “with full guarantee of the right to vote and freedom of candidates, according to Article 25 of the Convention (International Covenant on Civil and Political Rights), with the presence of international observers”.

On the other hand, Alexandra Salazar denounced that the State of Nicaragua “has instrumentalized the national legal system and other norms to violate the rights of the citizenry […]and to guarantee the repression and criminalization against those who oppose it or who dare to dissent from the political will of the party”.

Salazar also expressed the urgency of having a Human Rights Ombudsman’s Office that complies with the Principles Relating to the Status of National Institutions (Paris Principles) and “carries out its mandate in an effective and independent manner, especially with regard to acts of torture, ill-treatment, cruel and degrading treatment to which political prisoners are subjected”.

Wendy Flores, for her part, recalled that follow-up actions for the effective implementation of these recommendations should be carried out in Nicaragua “with human rights defenders who are still in Nicaragua” and with those who are in exile, and “in dialogue with the different State institutions on the challenges that each of them must face in order to improve and comply with international commitments and obligations”.

Unfortunately, “as the Committee has examined, a series of legal instruments must be reformed or repealed because they are incompatible with the obligations of the Covenant,” added Flores. Among these instruments, she mentioned the Law on the absolute criminalization of abortion and other laws that have allowed the increase of femicides and violence against women.

Finally, the expert invited the State of Nicaragua to implement the recommendations resulting from the review in order to overcome the crisis that has afflicted the country for more than four years, and recalled that the State Party has the duty to disseminate them widely with a view to raising awareness of the rights enshrined in the Covenant. Sancin expressed the hope that the State of Nicaragua would engage in a constructive dialogue with the Human Rights Committee before 2025, when the next review of Nicaragua will take place.

UN Human Rights Committee calls on the State of Nicaragua to refrain from cancelling legal personalities of civil society organizations, cease torture against persons deprived of liberty and investigate cases of violence against women.

Washington D.C., November 7, 2022.- The Human Rights Committee of the United Nations (CCPR), made extensive observations on the fourth periodic report submitted by Nicaragua, analyzed in the review on October 19, 2022.

The Committee issued 17 recommendations on different topics, among them: the independence of the Judiciary, deaths due to police violence, the situation of prisoners in Nicaraguan jails, freedom of expression, violence against women, the situation of indigenous peoples and freedom of association.

On this last point, the Committee said that the State of Nicaragua should “refrain from canceling the legal personalities of civil society organizations, including human rights organizations, opposition groups and professional associations; among these medical associations, universities and entities linked to the Catholic Church; for legitimately exercising their rights and take all necessary measures to restore these organizations and restore their property.”

From 2018 to the beginning of November 2022, the Committee recorded the closure of 1880 non-governmental organizations in Nicaragua, many of them unable to submit the required documentation due to obstacles encountered at the Ministry of the Interior following the approval of the Special Law for the Regulation of Foreign Agents in October 2020.

“Refrain from imposing solitary confinement” on detainees.

The Committee has recalled that the families of persons deprived of liberty for political reasons have expressed that among those held in the Judicial Auxiliary Direction, known as “El Chipote”, there are those who suffer from chronic illnesses that do not receive the specialized health care they require. For 73 days, the people in this detention center have not received any visits from their relatives and no information is known on their conditions.

According to the Mechanism for the Recognition of Political Prisoners, there are at least 50 people detained in “El Chipote”.

The Committee said that the State should “refrain from imposing solitary confinement, except in the most exceptional circumstances and for strictly limited periods, when it is objectively justifiable and proportionate”, according to the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

The Committee also expressed concern about the level of overcrowding in prisons such as “La Modelo” or the women’s prison “La Esperanza”, as well as what it considers a “deficient health care” in prisons such as “El Chipote”. In addition, it recommended strict supervision of visiting procedures, “ensuring that invasive searches are only carried out in exceptional cases, in the least intrusive manner possible and with full respect for the dignity of the person and his or her gender identity”.

This recommendation arises from allegations that family members of persons deprived of liberty for political reasons are subjected to invasive searches and improper touching when visits are authorized in detention centers.

These practices that violate human rights have also been carried out against minors, who have been prevented from frequent visits to their relatives in prison for long periods of time and, in general, have not been allowed any communication whatsoever.

Prosecution of perpetrators of torture and deaths in prisons.

The Committee was also concerned about the constant allegations of torture that have been reported in Nicaragua, both at the time of arrest and in prisons and detention centers.

In addition, it recommended that “all allegations of torture and ill-treatment and deaths in detention” be investigated promptly, thoroughly, effectively, independently and impartially.

The later, because since the arbitrary detentions that have occurred in Nicaragua since April 2018, two deaths of persons in detention were recorded; Eddy Montes, a U.S. citizen who died of a gunshot wound in circumstances not yet investigated by the Nicaraguan authorities, and Hugo Torres, who died in February 2022 in circumstances still unclear arising from the lack of assistance to his health and the conditions of detention.

The Committee’s recommendation is that these investigations should be conducted in accordance with the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), “as well as (investigations) of all acts of violence committed by police and prison officials during detention, in police stations and in places of deprivation of liberty, ensuring that the perpetrators are prosecuted and duly punished if found guilty and that the victims receive full reparation”.

Investigate cases of violence against women

Taking into account that in Nicaragua, according to statistics from women’s advocacy organizations, more than 42 girls and women have been victims of femicides from January to August 2022, 15 of these cases remain in impunity within the country, the Committee also recommended to the State of Nicaragua that investigations of cases of violence against women be guaranteed “quickly and effectively”, and that the perpetrators of these crimes be brought to justice.

In addition, it urged the State to make amendments to Law 779, the Law on Violence Against Women, so that “specialized jurisdiction in matters of violence against women is maintained throughout the territory of the State party and the definition of femicide is harmonized with international standards.”

Right to a fair trial

The Committee was also concerned about “violations of due process,” and in particular, referred to the use of ambiguous criminal definitions during investigations and prosecutions.

“The Committee is also concerned about the lack of effective access to legal assistance for detainees, in particular, reports of obstacles faced by lawyers in accessing court hearings, case files, and communicating freely and privately with their clients.

In addition, the Committee recommended that lawyers should be able to advise and represent persons accused of crimes without obstacles, expressing that it should “promote that the Public Prosecutor’s Office instigate the immediate release of persons detained as a result of the socio-political crisis that began in 2018.”

Violence against indigenous peoples is of concern

Additionally, the Committee expressed its concern over reports that some indigenous peoples have been victims of acts of violence following the invasion of settlers into their territories.

In this regard, it recommended that the State, “redouble its efforts to prevent conflicts over land use, including the provision of guarantees in relation to lands traditionally owned or occupied by indigenous peoples.”

“In accordance with rule 75, paragraph 1, of the Committee’s rules of procedure, the State party is requested to provide, by November 4, 2025, information on the implementation of the Committee’s recommendations in paragraphs 6 (constitutional and legal framework within which the Covenant is implemented), 30 (right to a fair trial) and 40 (participation in public affairs).”

Committee to follow up on recommendations

The UN Committee will also follow up on three recommendations made: the dissemination of the International Covenant on Civil and Political Rights (ICCPR), information on the implementation of the recommendations made by the Committee, the State party will receive from the Committee in 2028 the pre-reporting list of issues and is expected to submit within one year its responses to the list of issues.

Statement

Race and Equality and the CCPR Centre, are deeply concerned about the unwillingness of the State of Nicaragua to comply with its international obligations and the lack of cooperation it has provided in recent years despite repeated requests from the UN Human Rights Committee detailed in the review process that motivates this press release.

The State of Nicaragua must comply with its international obligations and to help seek a way out of the crisis that began since 2018. These solutions must be geared towards strict respect for human rights, dialogue and international law.

The crisis in Nicaragua, which has dragged on for 4 years, due to the unwillingness of the Nicaraguan State to find a peaceful solution, continues to provoke exile, arbitrary detentions and lack of fair trials in accordance with international standards.

We recognize and support all Nicaraguan civil society organizations that from Nicaragua or from exile continue to develop their work in defense of human rights and provided the Committee with very valuable information, and we urge the State of Nicaragua to accept and faithfully comply with its international obligations by implementing the Committee’s recommendations accordingly.

UN Human Rights Committee: Nicaragua’s absence is “especially worrisome” in the face of serious deterioration of human rights

Washington D.C., October 20, 2022.- The United Nations Human Rights Committee summoned the State of Nicaragua for the review of the IV periodic report on Nicaragua and its compliance with the International Covenant on Civil and Political Rights (CCPR) on October 19. The State party was absent from the review, “an unfortunate situation that has arisen as a result of the lack of response to the communications,” according to the Committee’s Chairperson, Photini Pazartzis.

For Pazartzis “it is of particular concern” that this is the fourth consecutive occasion that the State of Nicaragua has refused to engage in constructive dialogue with UN treaty bodies. Last year it refused to respond to the list of issues of the Committee on Economic, Social and Cultural Rights (CESCR) and decided to limit itself to participating “as a listener”. In July of this year, it absented itself from the review of the Committee against Torture (CAT) and called it a “provocation”; in August it did not attend the review of the Committee on the Elimination of Racial Discrimination (CERD), and now it did so with the Human Rights Committee.

The Human Rights Committee, in accordance with its rules of procedure and with the support of alternative reports sent by Nicaraguan and international civil society organizations, proceeded to discuss 29 issues in the absence of the State, including: the situation of persons deprived of liberty for political reasons; the rights of indigenous peoples, Afro-descendants, women and the LGBTI+ community; the situation of women’s rights in the face of violence; the excessive use of state forces to restrict public freedoms; the lack of judicial independence, among others.

Politically motivated deprivation of liberty and lack of judicial independence 

Currently, more than 219 people are deprived of liberty for political reasons in Nicaragua. There are reports of cases of torture in state and clandestine centers, as well as precarious conditions of detention: overcrowding, poor sanitation and food, and lack of access to medical care. “Information continues to be received about torture and ill-treatment in the prisons of El Chipote, La Modelo, and La Esperanza…information has been provided about cases of sexual and gender-based violence against men and women detained in the context of the protests, including inappropriate touching and threats of rape,” said Mr. Quezada, member of the Committee.

On the other hand, Mrs. Bassim -who is also a Committee member- regretted that in February 2022, there was the death in custody of opposition leader Hugo Torres, who was transferred to a hospital late; she also stated that “this death has forced the government to resort to house arrest in very precarious cases from the point of view of health”, however, the excessive restrictions on family visits to people in detention centers have resulted in them starting hunger strikes that can seriously affect their health. 

Subsequently, Committee member Mr. Carlos Gómez referred to the trials and sentences against persons detained in 2021 in the context of the general elections, which hint at the lack of judicial independence. 

“They were held behind closed doors, without the presence of the public, some of them in the same detention centers… and these defendants were not allowed to have interviews with their lawyers until a few minutes before.” Only one of the convictions has been overturned on appeal and others are pending appeal. “This procedure suggests a total lack of the subjective guarantees of jurisdiction, such as the independence and impartiality of the court,” Gómez explained.

Violence against indigenous and Afro-descendant peoples, women and LGBTI+ persons

Official statistics continue to lack data on violence and discrimination against LGBTI+ persons, which prevents an assessment of the real dimension of the associated problems; however, according to information received by the Committee, “trans women deprived of their liberty in the context of the crisis were held in men’s prisons and subjected to discriminatory and degrading treatment”. 

Regarding indigenous and Afro-descendant peoples, Committee member Mr. Santos Pais stated that they “continue to be victims of structural discrimination” reflected in poverty rates, precarious living conditions and persistent institutional violence and discrimination. The State Party “has still omitted to carry out the last stage of the process, the regularization stage, of the 23 titled territories…which would have the purpose of defining the rights of third parties or settlers within the indigenous territories”, he added.

On the other hand, in relation to violence against women and femicides, the Committee notes with concern that public policy ignores the rights of women and privileges the protection of the family, hinders reporting and allows mediations that could put them at greater risk of femicide. Likewise, the government has not allocated funds from the Budget of the Republic to shelters and has closed at least 176 organizations that guaranteed protection to victims of domestic and gender violence. The government “confiscated their assets or canceled their legal status,” explained Santos Pais.

Excessive use of state forces and impunity

“The Committee has received information on the excessive use of force by law enforcement officials, particularly on the occasion of the social protests that began on April 18, 2018,” as well as by armed pro-government elements or shock forces “who have acted with the blessing of high-level authorities and the National Police in attacks on demonstrators and even illegal detentions,” exposed Mr. Quezada, expert of the Human Rights Committee.

The indiscriminate use of force by state and pro-government groups during peaceful demonstrations in 2018 has resulted in at least 355 fatalities, more than 1,600 people injured and, as of May 2020, 1,614 arbitrarily detained.

In relation to this, for the Chair of the Committee, the Amnesty Law passed in July 2021, which grants immunity to state agents for actions they took from April 2018 until the date the law was passed “raises quite serious concerns, including concerns regarding retroactivity”.

Retaliation against journalists, media and human rights defenders.

At least 120 Nicaraguan journalists have been exiled due to government reprisals, at least three media outlets have been confiscated since 2018, including Confidencial, La Prensa and 100% Noticias. Twenty-three radio and television stations have been shut down this year, Mr. Gómez added.

Six journalists have been sentenced to up to 13 years in prison, among them: the manager of the newspaper La Prensa, Juan Lorenzo Holmann, who was sentenced to nine years in prison for the alleged crime of money laundering; and three other journalists were sentenced for the alleged crime of spreading fake news. On the other hand, “the murder of journalist Ángel Gahona” in the context of the 2018 crisis has not been clarified, and the Committee has received information that after the 2019 Amnesty Law, this case has been archived. 

Chairperson Pazartzis added that the Committee is also aware of the stripping of passports from journalists and human rights defenders. 

Serious deterioration of the human rights situation in the aftermath of the electoral process.

“It is clear that, in light of the information received… especially since 2018, and more recently during the 2021 elections, the human rights situation has been deteriorating in a very serious way,” said Chair Pazartzis. 

The 2021 general elections took place in a context of concentration of State powers in the Executive and, according to the Organization of American States (OAS), “were not free, fair or transparent and lacked democratic legitimacy.” It should be noted that, in May 2021, a reform to the Electoral Law favored the hegemony of the current governing party. Furthermore, according to civil society records, during the voting there were more than 2,000 reports of anomalies and it is estimated that there was 81.5% abstention. 

In this sense, according to the Committee, “it is possible that the new municipal electoral process in November of this year will follow a similar pattern to that of the 2021 presidential elections”. 

Statement

The Institute on Race, Equality and Human Rights rejects the State’s refusal to engage in dialogue and provide the necessary information to the Committee regarding its concerns expressed in the List of Issues provided to the State in a timely manner. The full cooperation of State Parties in the dialogues is a key component for the fulfillment of their obligations under the Covenant. We remind the State of Nicaragua that ratification of the International Covenant on Civil and Political Rights entails the obligation to submit reports, participate in constructive dialogues with the Committee, and comply with the Committee’s recommendations. 

Finally, we highlight the fundamental role of Nicaraguan civil society organizations in monitoring and documenting human rights violations, particularly civil and political rights, in Nicaragua. Their hard work and reporting have made possible the examination and formulation of observations.

*The Committee will issue its concluding observations during the current session (October 10 – November 4) and forward them to the State of Nicaragua.

Race and Equality condemns reprisals by the Nicaraguan regime against UN expert Anexa Alfred Cunningham

Washington D.C., October 12, 2022.– On July 9, 2022, in an unacceptable act, the Government of Nicaragua denied entry into the country to Nicaraguan citizen and expert of the UN Mechanism on the Rights of Indigenous Peoples (EMRIP), Anexa Alfred Cunningham. The Institute on Race, Equality and Human Rights (Race and Equality) condemns this attack on Mrs. Alfred for her work as a human rights defender, which is also an attack on the EMRIP, the United Nations and other independent experts appointed by the United Nations Human Rights Council (UNHRC).

Mrs. Alfred Cunningham is a Miskitu indigenous woman, lawyer and expert in Indigenous Law and Policy, who has served as an advisor to Territorial Governments and Indigenous Communal Governments in Nicaragua. Among others, Mrs. Alfred has contributed to the process of demarcation and titling of indigenous and Afro-descendant territories on the Caribbean Coast of Nicaragua, and has promoted different legislative reforms related to the rights of indigenous peoples in Nicaraguan legislation.

In April of this year, the United Nations Human Rights Council appointed her as a member of the Expert Mechanism on the Rights of Indigenous Peoples for Central and South America, whose mandate is to provide expert assistance to Member States in achieving the objectives contained in the United Nations Declaration on the Rights of Indigenous Peoples, and to promote concrete measures that States, indigenous peoples, civil society, international organizations, national human rights institutions and other entities can adopt to achieve their fulfillment.

In July, the expert traveled to Geneva, Switzerland, to carry out her first official mission to the fifteenth session of the EMRIP. At the end of her tour, the airline did not allow her to board the plane to Nicaragua, informing her that the government of Daniel Ortega and Rosario Murillo did not authorize her entry into the country. The regime’s decision, among other things, violates Article VI, Section 22 of the UN Framework Convention on Privileges and Immunities, which grants the experts appointed by the HRC “privileges and immunities necessary for the independent exercise of their functions, during the period of their missions, including the time required for travel in connection therewith.”

Faced with this serious situation, on September 28, the President of the United Nations Human Rights Council, Federico Villegas, expressed that he has requested “on numerous occasions clarifications on the situation, as well as the cooperation of the Government of Nicaragua to rectify the matter“. However, he has not received any response, “nor guarantees from the Government that Mrs. Cunningham could return to Nicaragua”. This indicates an “act of retaliation“, Villegas assured. 

For her part, in an interview with Race and Equality, Mrs. Alfred Cunningham expressed that the prohibition to return to her country is part of a series of actions the Nicaraguan government has taken to repress and punish dissident voices. “We have seen it with journalists, human rights defenders, political opponents, religious leaders, non-governmental organizations… and indigenous and Afro-descendant peoples are not exempt from this.” 

She also regretted that the regime prevents her from fulfilling its mandate in Nicaragua, since “the EMRIP would have the technical and specialized capacity to advise the State to be able to comply with the phase of the sanitation process, understanding that this is a right that is recognized in the Political Constitution of Nicaragua and in all the human rights instruments on Indigenous Peoples to which Nicaragua is a party“.

“We know that it is a process that has not been complied with and has generated a series of irregularities that affect the individual and collective rights of indigenous and Afro-descendant peoples on the Caribbean Coast of Nicaragua,” she explained to Race and Equality.

Finally, Alfred called on the Nicaraguan government to respond to the communications sent by the United Nations Human Rights Council and the United Nations General Secretariat regarding her case, as well as to rectify its decision and open the channels of communication with the international community and national sectors. 

“I believe that there is still time to react and rectify this serious decision…Isolation is not the solution to get out of this socio-political, economic and human rights crisis that the Nicaraguan people are experiencing. It is necessary to open a channel of communication, only in this way we will be able to get out of this crisis“, she concluded.

Statement

Race and Equality expresses its deep solidarity with Mrs. Anexa Alfred Cunningham and her family. 

We condemn this grave and unprecedented attack on a United Nations Expert, which violates the diplomatic privileges and immunities that Nicaragua and other Member States have pledged to respect.

We recall that this is a direct violation of Article 12 of the International Covenant on Civil and Political Rights: “No one shall be arbitrarily deprived of the right to enter his own country“, which also entails multiple violations of other rights such as: the right to an adequate standard of living, freedom of movement, the rights of indigenous peoples and Afro-descendants, among others.

We make an urgent call to the international community -including the Universal System and the Inter-American Human Rights System- to condemn Nicaragua’s actions and urge the State to rectify its decision and ensure conditions for the safe return of Mrs. Alfred and her family; and to request investigations, trials and sanctions for all those responsible, as well as reparations for all the violations and abuses suffered.

We continue to demand that the State of Nicaragua comply with its international human rights obligations and re-establish meaningful cooperation with the international community. The people of Nicaragua need investigations to ensure justice, reparations and non-repetition of the human rights violations and abuses that continue to be committed in the country. 

The investigation and accountability of these violations, which – as mentioned by the Interdisciplinary Group of Independent Experts (GIEI) of the IACHR – should be considered crimes against humanity, are indispensable requirements to combat impunity and overcome the serious human rights crisis. 

We hope that the Group of Experts on Human Rights on Nicaragua, mandated by the Human Rights Council in its resolution 49/3, will continue this important work.

Arbitrary deprivation of liberty for political reasons: “a growing phenomenon in the Americas”

Washington D.C., October 5, 2022- “There is no country that is not challenged by the existence of arbitrary detentions”, were the words of Claudia Samayoa, vice-president of the World Organization Against Torture (OMCT), who referred to this problem during the event “Not One More Day in Detention: Freedom for Persons Deprived of Liberty for Political Reasons in the Americas”, organized by the International Institute on Race, Equality and Human Rights (Race and Equality) within the framework of the 52nd General Assembly of the Organization of American States (OAS), in Lima, Peru.

Samayoa recalled three of the five categories established by the UN Working Group on Arbitrary Detention to determine that a person is a victim of this practice: 

  1. The absence of a legal basis for detention.
  2. Detention as a result of the exercise of fundamental rights or freedoms.
  3. Failure to comply, in whole or in part, with the international standards relating to the right to a fair trial set out in the Universal Declaration of Human Rights. 

Samayoa also highlighted that arbitrary detentions that occur to deprive rights are commonly associated with torture, cruel, inhuman and degrading treatment, and affect many groups of people: human rights defenders, journalists, members of opposition political parties, demonstrators and participants in peaceful protests, leaders of indigenous peoples, among others.

“Nicaragua is where they have (detained) everyone: from a feminist, a priest, a student or someone who wanted to participate in the Blue and White Movement (Nicaraguan political organization), a policeman who refused to comply with orders. This is an expression of authoritarianism,” expressed Samayoa. 

The OMCT Vice-President categorized different countries into three groups depending on the type of arbitrary detentions they commit. She identified Mexico, Guatemala, Honduras, Colombia, Peru, Brazil, and Chile as “suffering” from the phenomenon of criminalization of human rights defenders, organizations, and communities. 

Chile, Ecuador, Bolivia, Venezuela, Colombia, Panama, Nicaragua, Guatemala, Honduras, El Salvador, and Cuba are in the category of countries that arbitrarily detain journalists and people exercising their right to demonstrate or freedom of expression. 

In a third category of countries Samayoa identified those that arbitrarily detain opposition politicians who are considered enemies of the State. In this list she placed Nicaragua, Venezuela, Cuba, Guatemala, and El Salvador.

All this allows us to understand the phenomenon of arbitrary deprivation of liberty for political reasons in the Americas, and in order to measure the effects on their populations, Race and Equality invited relatives and advocates of people facing this reality in Cuba, Nicaragua, and Venezuela who gave their testimonies at the event mentioned above.

States Must Guarantee the Right to Defend Human Rights 

Commissioner Joel Hernández, Rapporteur on the Rights of Human Rights Defenders and Justice Operators of the Inter-American Commission on Human Rights (IACHR), recalled the obligations of States to protect and prevent attacks against those who defend human rights in their countries. Considering that, among those deprived of liberty for political reasons, there are always human rights defenders who are victims of state repression. 

“There are several obligations, inherent, for the State, such as the duty to prevent attacks on the work of defending human rights, the duty to protect human rights defenders, and also the duty to investigate and punish any attack that arises against human rights defenders,” said Hernandez.

“The history of political prisoners in Cuba is horrendous”.

Miriam Cardet, sister of former political prisoner and leader of the Christian Liberation Movement of Cuba, Dr. Eduardo Cardet, recalled that her brother became a political prisoner in 2016 when he returned from a trip from the United States and was intercepted by state agents in civilian clothes who beat him and took him away, only to release him three years later after a trial without guarantees of due process and an unfair sentence against him.

“The history of political prisoners in Cuba is horrendous and long-standing. It goes back to 1959, uninterruptedly since the Castro brothers (Fidel and Raúl Castro) assumed power, with significant waves (of detentions) in the 1960s and 1970s,” Cardet contextualized.

Since the historic protests of July 11, 2021, when citizens came out to peacefully demonstrate against the critical socio-economic and human rights situation on the island, human rights organizations such as Justicia 11J and Cubalex have registered at least 1,514 arbitrary detentions and report that there are currently 665 people deprived of liberty for participating in those protests. Since then, the situation has only worsened, said Cardet. 

Despite the violent repression against the Cuban people since July 11, the impact of Hurricane Ian, which caused a lack of access to electricity and aggravated the conditions of poverty of many people, is generating new demonstrations in Cuba, whose inhabitants demand “freedom”, to which the Cuban authorities have responded with more repression. 

“My mom has only been able to see Lesther ten times in 15 months.”

In Nicaragua there are more than 205 people deprived of liberty for political reasons -195 of them after the peaceful demonstrations of April 2018 and 10 before that date, according to the Mechanism for the Recognition of Political Prisoners of Nicaragua.

Among those detained by the government of Daniel Ortega and Rosario Murillo in July 2021 was student leader Lesther Alemán, 24, who has now been detained for more than a year and sentenced to 13 years in prison.

His sister, Kenia González, recalled that during the national dialogue held in the country in 2018, Alemán directly confronted Ortega about the deaths of students and peaceful protesters, and asked him to leave power. 

Since he was detained, Alemán has been one of the victims who has suffered prolonged isolation, physical and psychological torture, poor nutrition, and suffers from an undiagnosed disease in one of his legs that prevents him from walking properly, while the Police prevent him from accessing specialized medical care. 

“(This October 5), marks 15 months of him being  of liberty and my mom has only been able to see him on ten occasions. Every day she goes with some bottles of water and hope, sometimes they let them pass and sometimes they don’t”, denounced Gonzalez.

The situation in the Central American country is not improving and the media and human rights organizations report that between September and the beginning of October of this year, at least 17 more people were arbitrarily detained and criminal proceedings were initiated against them.  

Judges Act in Favor of Power to Convict Innocents

José Gregorio Guarenas, of the Vicariate of Human Rights of Venezuela, an organization of the Archdiocese of Caracas that promotes and defends human rights in that country, emphasized during his intervention that for there to be people deprived of liberty for political reasons in a country, there must also be a justice system that acts in favor of the government in power, as is the case in Venezuela and other countries. 

“For there to be political prisoners there must be a regime of judges who are at the disposal of the Executive Branch or at the disposal of a regime,” Guarenas stressed during his intervention. 

The Venezuelan Penal Forum estimates that since 2014 there were more than 15,775 arbitrary detentions of people who were later released. However, there are 244 who are still incarcerated and, of that same number, 79 were illegally convicted in questionable judicial processes full of arbitrariness.

A United Nations report published in September 2022 on the situation in Venezuela concluded that State agencies, both civilian and military, function as structures coordinated from the highest authorities of the government to repress dissidence through the commission of crimes against humanity.

From the International Institute on Race, Equality and Human Rights (Race and Equality), we maintain our constant call for the release of all persons deprived of liberty for political reasons in the Americas. 

Likewise, we urge the States to initiate reparation and justice processes in favor of the victims who did not commit any crime, but were imprisoned because of false accusations and in the framework of processes lacking independence, following instructions dictated from the Executive Power. 

Not one more day in detention!

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