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.

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!

UN Special Rapporteur on the rights to freedom of peaceful assembly and of association deeply concerned about the closure of spaces in Nicaragua, Guatemala, El Salvador and Honduras

San José, September 7, 2022 – Central America is going through a spell of serious setbacks regarding the respect and guarantee of the foundational rights and liberties  to civic spaces, including the freedoms of expression and of peaceful assembly and association, particularly in countries such as Nicaragua, El Salvador, Honduras and Guatemala. The current context  poses a dire threat to just, peaceful and inclusive societies in the region.  

In this context, the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, conducted an academic visit in Costa Rica, to talk about his mandate’s activities to promote and protect these rights in the region. 

During the visit, which took place between 29 August and 2 September, the Rapporteur had the opportunity to meet with representatives of the Inter-American Court of Human Rights, the Costa Rican Bar Association, the Diplomatic Academy and the United Nations University for Peace, among others. 

On September 1, at the headquarters of the University for Peace, a conference took place with university students, with the participation of the Dean of UPEACE, Juan Carlos Sainz-Borgo, and Mr. Mihir Kanade, Director of the Human Rights Center & Academic Coordinator at UPEACE and President of the UN Expert Mechanism on the Right to Development.

During the visit, Special Rapporteur Voule participated in a presentation at the Diplomatic Academy “Manuel María de Peralta” in San José, together with Ambassador Carmen Claramunt, Deputy Director of the Diplomatic Academy. 

Nicaragua

“In Nicaragua, one of our main concerns I raised with authorities throughout my engagement with them are the laws that have been adopted between 2020 and 2022, notably the Law of Foreign Agents and the Law of Regulation and Control of Non-Profit Organizations”, said Voule during his presentation at UPEACE.

“The provisions of these two laws are being used by the Nicaraguan authorities to  suppress civic space by criminalizing human rights defenders and opposition leaders and dissolving hundreds of civil society organizations”, he added.

In his presentation, the Special Rapporteur placed special emphasis on the seriousness of the situation in Nicaragua since 2018. The socio-political crisis that began more than 4 years ago has resulted in the quasi-total closure of civic space, the curtailment of the freedom of association, and the repression of almost all peaceful demonstrations critical of the government. 

The Special Rapporteur emphasized that through such  laws, more than 1600 non-governmental organizations have been closed in the country, according to the information he received.

“The situation is tense, even in our capacity. We have not been able to enter the country. Those I’ve been able to speak with have said that their properties were confiscated. We’re now seeing other countries attempt to replicate this dire situation  for civic space, and my mandate wants to prevent that. That’s why I came to Central America”, the Special Rapporteur said.

The closure of these spaces has worsened since the approval of the Law for the Regulation of Foreign Agents passed by the Nicaraguan congress in September 2020, which was used as a pretext to close civil society organizations in the country.

The month of its adoption, the mandate sent a communication to the Government of Nicaragua expressing its concern about the incompatibility of the Law on Foreign Agents and the Law on Cybercrimes with the country’s international obligations, particularly with regard to human rights. The Special Rapporteur stated that the law’s scope of application was overly broad and lacked in clarity. This legislation prohibits those classified as “foreign agents” from intervening in Nicaraguan affairs, political issues or internal activities, without these terms being clearly defined.

El Salvador

Similarly, in the region, the Government of El Salvador is in discussion since 2021 to adopt  a similar law which has raised concerns across various sectors, as they fear it will generate a similar situation to the one in Nicaragua and will lead to the closure of hundreds of civil society organizations.

Among others, the Special Rapporteur expressed his concerns about provisions  creating a registry of foreign agents that severely limits access to funds from external sources. The Special Rapporteur stressed that he was gladto receive a reply from the Government stating that the consideration of this law had been suspended. 

Guatemala

In Guatemala, the Rapporteur raised his  concerns over the abuse of emergency measures to prohibit and suppress peaceful protests, in addition to the increased militarization and politicization of civic protests. These concerns were conveyed to the authorities through an official communication.

Honduras

Honduras is also one of the countries in the region that has warranted particular  attention from the Special Rapporteur’s mandate.. Mr Voule has shared his concerns through official channels with the Government over the criminalization of, as well as the attacks and judicial harassment against civil society leaders, which has resulted in several deaths. 

On the Rapporteur’s mandate

Mr. Clément Nyaletsossi Voule was appointed Special Rapporteur on the rights to freedom of peaceful assembly and of association by the Human Rights Council and assumed his functions in April 2018. 

The mandate he holds submits annual reports to the Human Rights Council and the United Nations General Assembly, as well as conducts official country visits to assess the situation with regards to the rights to freedom of peaceful assembly and of association in a country, and present recommendations.

The Special Rapporteur additionally transmits urgent appeals, other letters, and letters of allegation to Member States on alleged violations of the rights to freedom of association and peaceful assembly.

In June 2022, the Special Rapporteur presented to the Human Rights Council his most recent thematic report on “Access to resources”, as well as his report on: “The Protection of human rights in the context of peaceful protests during crisis situations.”

Nicaragua: UN Committee on the Elimination of Racial Discrimination alarmed by violence against indigenous and Afro-descendant peoples

Washington D.C., August 31, 2022-. Upon concluding its review of Nicaragua’s level of implementation of the Convention on the Elimination of All Forms of Racial Discrimination on Tuesday, August 30, the UN Committee on the Elimination of Racial Discrimination (CERD) published its concluding observations, where it expresses deep concern about the State’s lack of cooperation and involvement with the mechanism, evidenced by its absence from attending the sessions in which the review took place, and despite alarming allegations of violence and serious attacks against indigenous and Afro-descendant populations within their territories. 

“The Committee is seriously concerned about the numerous attacks that have been perpetrated against indigenous peoples in the Mayangna Sauni As Territory in the area of the Bosawás Biosphere Reserve,” read the CERD report, which also calls on the Nicaraguan State to take urgent preventive measures and to conduct thorough, impartial and effective investigations into these attacks “so that those responsible are prosecuted and duly sanctioned”. 

Among the Committee’s other main concerns were the arbitrary shutdown of civil society organizations, the criminalization of indigenous and Afro-descendant human rights defenders, the lack of national legislation prohibiting racial discrimination based on the Convention’s standards, the structural discrimination found in the precarious living conditions and the persistent exclusion of these peoples; the difficulties in the application of the communal, territorial and regional autonomy regime, and the lack of implementation of the stage for the restoration of indigenous territories established in Law 445. 

The observations refer to “reports on the lack of certification of indigenous authorities legitimately elected in community or territorial assemblies” and denounce the imposition of “parallel governments” made up of government officials and/or persons related to the government, which affects the rights of autonomy and political participation of the indigenous and Afro-descendant peoples of the caribbean coast. 

It also references reports of concessions of licenses for the exploitation of natural resources and development projects have been granted within indigenous territories without prior consultation processes to obtain the free, prior and informed consent of the affected peoples, or through consultations with persons “not legitimized” to represent these peoples. Unfortunately, these concessions bring with them social, environmental and cultural impacts that seriously affect livelihoods and ways of life, “generating food crises, forced displacement and health problems for the affected communities”.

“The Committee is seriously concerned that the Grand Interoceanic Canal project, which affects the territory of the Rama indigenous people and the Afro-descendant Kriol communities and the territory of the Bluefields Creole community, has not been duly consulted with the affected peoples,” the Committee states.

Finally, the Committee recommends that Nicaragua formulate effective legislation and protection strategies in consultation with the indigenous and Afro-descendant communities, considering the cultural, regional and gender differences that may affect these peoples. It also suggests that the Nicaraguan State consider ratifying the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.

NGOs denounce the State’s absence

Organizations defending indigenous and Afro-descendant peoples’ rights that have followed closely the monitoring of the application of the Convention on the Elimination of all Forms of Racial Discrimination by the State of Nicaragua consider that the Nicaraguan State’s lack of presence at the August 10 session is part of a pattern of disregard for its international human rights obligations. Among them are Fundación del Río, the Center for Legal Assistance to Indigenous Peoples (CALPI) and the Institute on Race, Equality and Human Rights (Race and Equality).

For Carlos Quesada, Executive Director of Race and Equality, “the State continues to show no signs of willingness to renew cooperation with the international community. Last year (2021), the State refused to answer the questions made by the Committee on Economic, Social and Cultural Rights (CESCR), and this year (2022), was absent from its review of the implementation of the Convention against Torture” alleging that the Committee against Torture (CAT) lacks impartiality and objectivity.

Quesada recalled that “the signing and ratification of the Convention on the Elimination of All Forms of Racial Discrimination was a voluntary action of the Nicaraguan State, which entails a series of international obligations and commitments. We demand that Nicaragua complies with the recommendations of the CERD!”, said Quesada.

For Amaru Ruiz, President of Fundación del Río and a indigenous peoples’ rights defender, who was criminalized through the Special Law on Cybercrimes (Law 1042) for defending indigenous peoples rights, “the (Nicaraguan) State’s behavior in these human rights avenues (Inter-American System and Universal System of Human Rights) has been irresponsible and disrespectful to international law”. 

Maria Luisa Acosta, Coordinator of CALPI, considers “an important action” to the Committee’s decision to continue with the evaluation process and formulating concluding observations about the situation in Nicaragua. “This decision has allowed us to have a report that demands urgent actions to address the grave human rights violations taking place, especially in order to combat acts of discrimination against indigenous and Afro-descendant peoples.”

“Hopefully, other actions will be established within the framework of the Committee’s directive, especially to continue to follow up on the situation in Nicaragua, and to have a greater impact on the State’s responsibility to comply with the conventions it has signed at the international level,” Ruiz concludes. 

Nicaragua: NGOs will continue documenting and denouncing acts of torture, despite the State’s lack of cooperation with the UN

Washington DC, Geneva, San José and Managua, August 3, 2022.- In a press conference convened for the purpose of analyzing the Concluding Observations of the Committee against Torture (CAT) for the State of Nicaragua issued on July 29 , representatives of Nicaraguan and international human rights organizations, denounced that in the Central American country human rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment have been systematically violated since 2008.

Nicaragua has “unavoidable obligations” in terms of prevention of torture

Tania Agosti, Legal Advisor in Geneva for the Institute on Race, Equality and Human Rights (Race and Equality) recalled that, on July 14, the CAT summoned the State of Nicaragua to appear for review within the framework of the Convention against torture, and “not only did it not attend, but, in an unprecedented episode, it accused the lack of impartiality and objectivity of the Committee to question its reports and interfere in its laws” .

Agosti assured that the lack of commitment of the State of Nicaragua to comply with its international obligations occurs in a context in which it is accused of “implementing a policy of arbitrary arrests against any type of opposition and while at least 190 people are reported deprived of liberty for political reasons, in inhumane conditions where there are clear indications of torture and violence.”

For Olga Guzmán, Principal Human Rights Advisor for Latin America of the World Organization Against Torture (OMCT), this scenario is “very bleak” , since the State of Nicaragua is not only reluctant to abide by the recommendations of this Committee, but also accept visits from other United Nations bodies and the Inter-American Human Rights System.

For his part, Juan Pablo Vegas, member of the United Nations Subcommittee for the Prevention of Torture and Rapporteur for Nicaragua, remarked that Nicaragua has “unavoidable obligations” in terms of prevention of torture and its lack of cooperation is part of a pattern of repeated behavior, however, “it is not the first time that the United Nations (UN) has run into a government that is reluctant to cooperate”. For this reason, the UN must do everything in its power “to mitigate the tremendous loneliness and apprehension that (…) human rights defenders in Nicaragua feel today, as well as to contribute to improving the conditions of persons deprived of liberty in this sister country, in accordance with international standards.”

Finally, he called on the Nicaraguan government to reconsider its position regarding human rights defenders and the international systems for the promotion and protection of human rights, and urged them to “let them work for the good of the women and men of Nicaragua who want, neither more nor less, than to exercise their rights as they are entitled”.

Lack of impartiality of the Criminal Justice System

Alexandra Salazar, Coordinator of the Legal Defense Unit (UDJ), explained that the “obvious non-compliance of the State”, the partiality of the Criminal Justice System (National Police, Prosecutor’s Office, Judicial Power, and Penitentiary System) and the Attorney General’s Office for the Defense of Human Rights, and the repressive intent aimed at violating the rights of Nicaraguan citizens, has been demonstrated before the CAT.

These institutions have exercised systematic practices of torture and other cruel, inhuman, and degrading treatment and punishment through the application of preventive detention, solitary confinement and punishment in a generalized manner against persons deprived of liberty for political reasons, and for terms greater than the maximum allowed in Nicaraguan legislation.

Juan Carlos Arce, lawyer for the Nicaraguan Never Again Human Rights Collective, recalled that the Committee expressed “serious concerns and recommendations to the State regarding the administration of justice and violations of indigenous peoples.” The reports received by the CAT indicate violent attacks against members of indigenous peoples and people of African descent, some resulting in death; nevertheless, there is an alleged reluctance on the part of the authorities to investigate the facts, as well as attempts to criminalize and stigmatize the defense organizations that work to protect their rights.

Government of Nicaragua exercises patriarchal and sexist violence

Karina Sánchez from the Mesoamerican Initiative of Women Human Rights Defenders (IM-Defensoras) affirmed that ” the government of Daniel Ortega and Rosario Murillo systematically exercises sexist and patriarchal violence”,particularly towards women who have raised their voices to denounce the multiple violations of human rights committed by the regime.

Sánchez highlighted that the Committee expressed concern about the high incidence of assaults and acts of sexual violence in cases of women deprived of their liberty for political reasons and about the incarceration of trans women in centers for men. In this sense, the CAT urged the State to adopt measures to cease the acts of repression and violence against human rights defenders, and to promptly, independently and exhaustively investigate the acts of excessive use of force, torture and mistreatment in the framework of the protests that began in April 2018.

Pronouncement

The Center for Civil and Political Rights (CCPR), the Center for Justice and International Law (CEJIL), the Nicaraguan Human Rights Collective Never Again, the Nicaraguan Center for Human Rights (CENIDH), the Mesoamerican Initiative for Women Defenders (IM-Defensoras), the Institute on Race, Equality and Human Rights (Race and Equality); the Autonomous Women’s Movement (MAM), the World Organization Against Torture (OMCT), the Legal Defense Unit (UDJ) and the Registry Unit (UDR) thank the efforts of human rights defenders and members of the Committee against Torture that, despite the adverse conditions and the lack of cooperation from the State, continue to monitor, document and denounce the serious human rights violations committed in Nicaragua.

Once again, we call on the State of Nicaragua to comply with its international human rights obligations, particularly with the recommendations provided by the CAT. It is imperative that the State proceed with the immediate and unconditional release of persons deprived of their liberty for political reasons and that, while this happens, it guarantees that acts of torture cease and that detention conditions are provided in accordance with international standards.

Likewise, the State must guarantee the impartiality of the Criminal Justice System and the Office of the Human Rights Ombudsman, since only in this way can credibility be ensured in the investigations of human rights violations committed against persons deprived of their liberty for political reasons, indigenous and Afro-descendant peoples, women, and other populations in situations of vulnerability.

Finally, we invite the international community to respond forcefully and use all the resources at its disposal to hold the State of Nicaragua accountable for the human rights violations committed since April 2018, and to cease arbitrary detentions and acts of torture that they currently carry out.

State of Nicaragua withdraws from the CAT review and calls it “Provocative”

Washington D.C. / Geneva, July 18, 2022 -.  The Committee Against Torture (CAT) summoned the State of Nicaragua to a review under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on Thursday, July 14. The Nicaraguan delegation did not attend and, through a letter, the Minister of Foreign Affairs, Denis Moncada, described the review as a “new provocation” and assured that the CAT has “no legitimacy whatsoever to question” its reports “nor to transgress” its laws, constitution and norms.

Given the absence of State and that “Nicaragua is at a critical point in its history, which clearly affects the human rights of its population”, the Chair of the Committee, Claude Heller, informed that the group of experts would conduct the review on the basis of information provided by the Office of the United Nations High Commissioner for Human Rights (OHCHR), its annual reports, resolution 49/3 adopted by the Human Rights Council on March 31, 2022, the most recent oral update on the situation in Nicaragua (June 16, 2022), and submissions from civil society organizations.

During the session, Heller stated that the State of Nicaragua “has systematically violated human rights” and the Convention Against Torture. “The continued failure of the State party (Nicaragua) to ensure accountability for human rights violations committed since April 208 remains a matter of grave concern,” added Erdoğan İşcan, Committee Expert and Country Co-Rapporteur for Nicaragua.

Since April 2018, Nicaragua has been immersed in a serious socio-political and human rights crisis. The indiscriminate use of force by state and para-police groups during peaceful demonstrations has resulted in at least 355 fatalities, more than 1600 people injured and, as of May 2020, 1614 were arbitrarily detained. Following the release of several political detainees in 2019, cases of torture in state custody were documented. Currently, more than 190 people are deprived of liberty on political grounds, and there are allegations of cases of torture in state and clandestine facilities.

According to information received by the Committee, 97% of the reported torture cases occurred in police detention centers, where arrested persons were arbitrarily deprived of their liberty without prior charge or due process of law. In addition, there is a “flagrant violation” of 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) in these facilities.

The Committee reported that, although the State has stated that there is no government policy of persecuting, threatening, harassing or killing human rights defenders, or impeding the exercise of their work, “the available information demonstrates the contrary based on the set of laws (Law for the Regulation of foreign Agents, Special Law on Cybercrimes, and Law for the Defense of the Rights of the People to Independence, Sovereignty and Determination for Peace)”.

OHCHR recorded at least 40 cases of threats, intimidation, criminalization and smear campaigns, the arbitrary detention of 5 journalists, and the raid of 2 media outlets during 2021. In the same period, the Office documented 26 cases of detention and at least 4 cases of arbitrary detention of human rights defenders. “Retaliation, with the support of state groups and government sympathizers, institutionalizes violence against defenders,” said the president.

Likewise, the State of Nicaragua reported that “there are no acts of violence against NGOs” but that some of them have used their organization to “alter public order” and carry out actions to “destabilize the country” and overthrow the government, violating the General Law on Non-Profit Legal Entities (Law 147); and for this reason, the Ministry of the Interior has cancelled their legal personalities. For its part, the CAT considered that the growing trend of cancellations “has led to a drastic reduction of civic space”.

On the other hand, regarding violence against indigenous and Afro-descendant peoples, the CAT asked the State to provide references on the investigations into the massacre of indigenous Miskitu and Mayangna people on August 23, 2021, as well as the attacks by settlers perpetrated in October of last year. The Committee expressed the reticence of the Nicaraguan authorities to provide information in this regard and their attempts to criminalize indigenous people for these cases. It also denounce the cancellation of the legal status of the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN), an organization of utmost importance for these peoples and communities, which have historically been forgotten by the governments in power.

Finally, the Committee urged the Nicaraguan authorities to punish those responsible for the reported abuses and to resume dialogue with the United Nations Office for Human Rights.

The Committee will issue a document with its final observations of Nicaragua on July 29, and will sent it to the State.

 

Statement

We, the signing civil society organizations, condemn the reaction of the Nicaraguan State’s rejection of the Committee against Torture. This is unprecedented and, as mentioned by Chairman Claude Heller, “questions the integrity of the Committee, its members and international human rights mechanisms” and expresses a profound disregard and contempt for the Convention and its working methods.

We recall that the signing and ratification of the Convention Against Torture was a voluntary action by the Nicaraguan State and that, therefore, it must comply with its international obligations in this area, specifically with the recommendations made by the Committee.

Among other issues, we demand that the State of Nicaragua: immediately cease attacks against individuals, organizations and communities that defend human rights; repeal the legal framework that allows for criminalizing organizations, journalists, social communicators and human rights defenders for their work, among other actors considered as opponents; and investigate with due diligence the attacks perpetrated against indigenous and Afro-descendant peoples, in order to prosecute and punish those responsible.

Finally, we call on the international community to respond forcefully to hold Nicaragua accountable for the human rights violations committed since April 2018. No more impunity!

Signed

Nicaraguan Center for Human Rights (CENIDH)

Center for Civil and Political Rights (CCPR-Centre)

Center for Justice and International Law (CEJIL)

Nicaragua Nunca + Human Rights Collective (Colectivo de Derechos Humanos Nicaragua Nunca +)

Mesoamerican Women Human Rights Defenders Initiative (IM-Defensoras)

International Institute on Race, Equality and Human Rights (Race and Equality)

Autonomous Women’s Movement (MAM)

World Organization Against Torture (OMCT)

Legal Defense Unit (UDJ)

Registration Unit (UDR)

Political prisoners: Race and Equality organizes a forum to contribute to the effective approach to detention and imprisonment for political reasons in the region

Washington DC, June 17, 2022.- Race and Equality organized a forum to contribute to the effective approach to arrest and imprisonment for political reasons in the Western Hemisphere and proposed guidelines that allow establishing criteria to determine who is a person detained for political reasons.

“At the institute, this process began about a year and a half ago, a little worried about the need to have criteria for a person to be considered a political prisoner in the hemisphere,” said the director of Race and Equality, Carlos Quesada.

The director for the Americas of Amnesty International, Ericka Guevara Rosas highlighted the similarities that exists in the violations of human rights committed against people arbitrarily deprived of liberty for political reasons in countries such as Cuba, Nicaragua and Venezuela where there is a “co-optation of the Powers of the State”.

Guevara participated in the event “Political Prisoners: Challenges and Proposals for their International Protection from a Human Rights Approach”, organized by the Institute on Race, Equality and Human Rights (Race and Equality), in order to create a space for reflection on the characteristics that must exist for a person to be considered arbitrarily deprived of liberty for political reasons in a country.

Guevara highlighted that there is a pattern between Cuba, Nicaragua, and Venezuela, for example, in which journalists and human rights activists who oppose certain state policies are criminalized and therefore become targets of the state that creates laws and uses the Powers of the State to prosecute them.

“People are detained through the improper use of the criminal justice system and through the deprivation of liberty, which, many times, is not only given in prison conditions, but many times we have seen patterns of deprivation of liberty through short-term arrests, detentions and house arrests,” said Guevara.

“They tried to gouge out his eyes”

Miriam Cardet, sister of former political prisoner Eduardo Cardet, from Cuba, recalled at the event how her relative was detained on November 30, 2016, when, after returning from a trip to the United States, he was intercepted by men dressed in civilian clothes, in his home, who began to beat him savagely.

“They pounced on him, putting him against a fence in front of the house and beat him (…) They tried to gouge out his eyes,” Cardet said in her account. That was just the beginning of the problems for the family and the human rights violations against the Cuban doctor and activist.

He was missing for five days until a protest by relatives forced the Cuban government authorities to show him halfway, when he could barely stand and was swollen from the beating he received.

Cardet was released in May 2019, after serving the three-year sentence for which he had been charged.

“Through all the denunciations at the international level, my brother’s life could be saved,” said Cardet, recalling that the denunciation and the constant pressure against these States is the only way to guarantee the lives of these people.

10 deaths under the tutelage of the Venezuelan State

In Venezuela, it is estimated that since 2014 there have been at least 4,000 people imprisoned for political reasons after participating in demonstrations against the government of Nicolás Maduro. At least 10 of them have died under the tutelage of the State, according to figures from human rights organizations.

“In the case of Venezuela, a structure has been created and arbitrary detention is not the only violation that is used, a judicial structure has been created, an administrative and legislative structure has been created that what it seeks is to close civic space more every time,” said Ronnie Boquier, legal coordinator of the Committee of Family Victims of the Caracazo.

The situation there is quite similar to what is happening in Cuba and Nicaragua, where crimes of terrorism against peaceful demonstrators are invented and ambiguous crimes such as “treason against the homeland” are attributed to them.

Nicaragua and the criminalization of human rights defenders

The criminalization of human rights defenders and the cancellation of non-governmental organizations that are not related to the Daniel Ortega regime has caused more than 500 NGOs to no longer have legal status, according to Nicaraguan media reports.

These closures are only part of the problem, because after their legal operating capacity is canceled, persecution is unleashed against their leaders, who in many cases are forced to leave the country or detained.

The arbitrary arrests in Nicaragua began in April 2018, after the peaceful demonstrations and until May 2020, the IACHR calculated that at least 1,614 people were in prison, highlighted Fiorella Melzi, coordinator of the Special Follow-up Mechanism for Nicaragua (Meseni).

“As a result of the arrests, the Commission has observed a series of human rights violations: violations of guarantees and judicial protection, in most cases, initially, the State did not report the whereabouts of the detained persons and (prevented), the access to a lawyer of choice, the accusations presented in preliminary, private and secret hearings in facilities other than the judicial courts”, Melzi listed.

Some were later released, but the criminalization of dissidents continued and spread to all sectors of the country. At the point prior to the 2021 presidential elections, when Daniel Ortega was fraudulently re-elected for a fourth consecutive term, he imprisoned 7 presidential candidates and until May 31, 2022, the number of people arbitrarily deprived of liberty for political reasons in the country was already more than 190, according to figures updated for May from the Mechanism for the Recognition of Political Prisoners in Nicaragua.

Many of these people were directors of non-governmental organizations or were simply arrested for expressing opinions contrary to the regime’s policies on social networks.

“New crimes are created, laws against terrorism that involve people who defend rights in the logic that the State will always classify them as an enemy and they are joined with past laws,” said Boquier, who explained about the similarities that occur in the three countries when persecuting dissidence.

These are policies that, according to Boquier, the States themselves are defining and he blamed them for being the ones who classify people as “enemies”, to later arbitrarily detain them for the activities they carry out.

“Whoever defines the policy of persecution are the States and whoever gives it the political motives are the States. Prisoners for political reasons in our countries (exist) because the States consider them that way because of their activity,” he remarked.

Race and Equality proposes guidelines to determine the deprivation of liberty for political reasons

Considering all these situations that occur in Cuba, Nicaragua, and Venezuela, but also extend to countries such as Chile or Colombia, Race and Equality published the document “Guidelines for the determination of detention and imprisonment for political reasons: Contributions from International Law of Human Rights”, which seeks to contribute to a discussion that leads to identifying and highlighting the patterns that exist in the countries that detain people for political reasons.

The document highlights the importance of having a characterization at the international level that allows recognizing that people under this form of deprivation of liberty are more exposed to suffering serious violations of their human rights and therefore, are in a situation of special vulnerability. This recognition makes it possible to hold States accountable for these arbitrary deprivations of liberty for political reasons and to create a route of responsibility that allows justice and reparation for the victims.

Race and Equality proposes two guidelines. The first consists of establishing whether the deprivation of liberty is arbitrary according to the categories established by the United Nations Working Group on Arbitrary Detention. That is, that it occurs as a consequence of the exercise of rights or freedoms of thought, conscience and religion; opinion and expression; peaceful assembly and association; and political participation; and that it is discriminatory for reasons such as political opinion.

Secondly, it is pointed out that it is essential for this determination to identify that the arbitrary deprivation of liberty is the product of politically biased State actions, for which the patterns of detention and instrumentalization of justice institutions in contexts must be examined, both democratic and authoritarian, as well as the actions carried out by the person, such as the defense of human rights, participation in the political life of their country, journalism, among others. 

The complete document can be downloaded at this link for the Spanish version and at this other link for the English version.

Brian Nichols in “Jailed for what?”: Politically motivated arrests and trials of protesters are an affront to democracy in Cuba, Nicaragua, and Venezuela

Washington DC, June 15, 2022.- The arrests of peaceful protesters in Cuba, Nicaragua and Venezuela are an affront to democracy and the trials seek to silence freedom of expression, highlighted the Undersecretary of State for Western Hemisphere Affairs , Brian A. Nichols , during the event “Jailed for what?: People imprisoned for political reasons in Cuba, Nicaragua and Venezuela” , organized by the Latin American Human Rights Consortium, of which is a part of the Institute on Race, Equality and Human Rights (Race and Equality) .

This event was held within the framework of the IX Summit of the Americas with the aim of generating a space for reflection and dialogue on the circumstances and conditions experienced by persons deprived of liberty in the exercise of their fundamental rights in these three countries. Apart from Nichols, the Rapporteur of the Inter-American Commission on Human Rights (IACHR) on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture, Edgar Stuardo Ralón, participated in this space, as well as relatives of political prisoners and activists.

“The United States, along with its partners and allies around the world, continues to press for the release of all those unjustly detained for political reasons and for an end to human rights violations and to create the conditions for the holding of free and fair elections that allow Venezuelans, Cubans and Nicaraguans to choose their leaders for themselves,” Nichols said.

Stuardo Ralón: “The IACHR wants to reiterate its commitment to condemn this situation”

For his part, the IACHR Rapporteur on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture, Edgar Stuardo Ralón, assured that the prisons in which political prisoners are held “are characterized by high levels of overcrowding, lodging in cells with structural deficiencies and unsanitary conditions; use of isolation measures, lack of access to drinking water; proper nutrition and medications; use of practices of torture and other ill-treatment.

Ralón said that the situation in the three countries is serious and particularly in Cuba, it became much more complicated as a result of the protests of July 11 and 12, 2021, which the regime repressed with violence; just as it happened in the peaceful demonstrations in Nicaragua in 2018 and Venezuela in 2014.

“The Inter-American Commission on Human Rights wants to reiterate its commitment to condemn this situation and demand the release of all political prisoners. The Commission’s commitment is to make all these situations visible with all the instruments at its disposal, whether these are press releases, precautionary measures to put an end to this regime of repression.”

Anamely Ramos: “In Cuba, political prisoners are not just victims, they are also heroes”

In Cuba there are more than 1,400 political prisoners as a result of the demonstrations of July 11 and 12 and the conditions in which they find themselves are completely inhumane, according to data from the organizations Cubalex and Justicia11J.

Anamely Ramos, a Cuban artist and human rights defender, expressed that the situation is difficult for all political prisoners, but especially for women. “The women who are imprisoned, in addition to the fact that half are mothers who are separated from their children, are subjected to degrading acts and all kinds of humiliation,” she said, and requested that prisons be given access to verify the health condition of political prisoners, more support for civil society, greater visibility of the incarceration of minors and denouncing the complicity of the justice systems of the three countries in favor of their regimes.

“In Cuba, political prisoners are not just victims, they are also heroes. They did not begin to be prisoners when they were arrested, but since they were born,” Ramos stressed.

Victoria Cárdenas from Nicaragua: “Let us join the cry for Freedom”

On June 8, but in 2021, the presidential candidate Juan Sebastián Chamorro was arrested by the Police of the Daniel Ortega regime and his wife, the businesswoman Victoria Cárdenas, had to go into exile so as not to be arrested as well. In prison, Chamorro has lost more than 50 pounds and is unrecognizable, according to people who have managed to visit him just seven times in the last year.

Until the beginning of June in Nicaragua there were 184 political prisoners and of them, 180 had already received a conviction in trials lacking due process and in which police officers were used as witnesses.

“I invite everyone to raise our voices for all those voices that authoritarian regimes like Cuba, Venezuela and Nicaragua wanted to silence. Let’s join the cry for freedom. I call on the international community, the heads of state, the international human rights organizations, civil society, the business community of the continent and the world, and people of good will, to do everything necessary to ensure that they comply with what the Inter-American Court of Human Rights has ordered and release them immediately,” added Cárdenas.

Regarding the situation in Nicaragua, the director of Race and Equality, Carlos Quesada, stressed that since the beginning of the protests in April 2018, at least 1,614 Nicaraguans were arbitrarily detained until May 2020. “In most cases, what has been criminalized is the right to freedom of expression,” said Quesada.

To conclude, Quesada assured that they will continue to denounce the human rights violations committed by the Ortega regime in Nicaragua against the more than 180 political prisoners and for this they will launch the “Nicas Libres Ya” campaign that seeks to make their stories visible and achieve the necessary support for their early release.

Munira Muñoz: “In Venezuela we have 235 political prisoners”

Munira Muñoz, lawyer and coordinator of the organization Foro Penal USA/Venezuela, recalled that “in Venezuela we have 235 political prisoners, of which 15 are women.” In this country, at least 10 political prisoners have died since 2014, and many of them are confined together with common prisoners.

Muñóz mentioned the case of the political prisoner Emirlendris Benítez, 41, who was arrested in August 2018. “She was charged with crimes of terrorism, conspiracy to commit a crime, attempted intentional homicide against the President of the Republic, intentional homicide with treachery against the military high command, damage to public property and possession of explosive devices. She was giving a transportation service with her husband who is currently also in prison.”

Benítez lost the mobility of her legs after suffering an abortion due to the mistreatment she received at the time of her arrest and in 2021 her sister denounced that her health situation was quite delicate.

Serious situation for human rights defenders

The Executive Director of Race and Equality, Carlos Quesada, reported that the situation is serious for everyone in the three countries, but especially for human rights defenders and activists who, even when they intended to go to Los Angeles to participate in the Summit of the Americas, were prevented by the Cuban authorities.

“In particular, (restrictions) are imposed to prevent the participation (of activists) in international forums where they intend to expose human rights violations by the Cuban regime,” added Quesada.

This situation has occurred in Nicaragua, Cuba and Venezuela, whose governments limit the travel of those who are considered political opposition to avoid international denunciations of human rights violations.

Pronouncement

From the Institute on Race, Equality and Human Rights (Race and Equality) we do not stop demanding the immediate and unconditional release of all political prisoners in Cuba, Nicaragua, and Venezuela. Likewise, we urge States to comply with the United Nations Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) in prisons.

It is imperative that these countries abide by the recommendations of the Inter-American Court of Human Rights (IACHR), the Inter-American Commission on Human Rights (IACHR), the United Nations Human Rights Council (HRC), treaty bodies and special procedures.

Freedom for political prisoners!

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