Human rights organizations condemn escalated repression in Nicaragua and demand the immediate release of all political prisoners

Human rights organizations urgently condemn the recent wave of repression launched against opposition figures, presidential candidates, journalists, business leaders, and former civil society leaders 144 days ahead of the country’s general elections.

In May of this year, the government of President Daniel Ortega, acting through the Public Ministry, initiated an investigation against presidential hopeful Cristiana Chamorro Barrios and two former employees of the Violeta Barrios de Chamorro Foundation, Walter Gómez and Marcos Fletes. The three are accused of supposed “money laundering” related to the Foundation’s finances between 2015 and 2019.

Journalists and civil society groups such as the Nicaraguan Center for Human Rights (CENIDH) reject this investigation as “part of a fierce campaign of persecution against independent journalism and an attack against civil and political rights.” Prosecutors have summoned and interrogated dozens of journalists, media executives, and business leaders connected to the Foundation.

The night of May 25, Marcos Fletes and Walter Gómez, respectively the Foundation’s former accountant and financial administrator, were violently detained by police and paramilitary forces.

On June 1, the Public Ministry requested that presidential hopeful Cristiana Chamorro Barrios be ruled ineligible for public office; that the Univision journalist Maria Lilly Delgado be prevented from leaving the country; and that two more former Foundation employees, Guillermo Medrano and María Lourdes Arróliga, have their movements restricted so that they could be called as witnesses. Medrano and Arróliga’s lawyers, however, warn of the possibility that the two may come to be treated as suspects.

The next day, a judge ordered Cristiana Chamorro Barrios’ detention and a search of her house, which was executed by dozens of officers and lasted over five hours. Since then, Chamorro Barrios has been held incommunicado under house arrest.

On June 5, presidential candidate Arturo Cruz was arbitrarily detained at the Managua airport for actions classified as “betrayal of the homeland” under the controversial Law #1055, the “Law for the Defense of the People’s Rights to Independence, Sovereignty, and Self-determination for Peace.”

 On June 7, presidential hopeful Félix Maradiaga was summoned before the Public Ministry for “inciting foreign interference in internal affairs,” “soliciting military interventions,” and “using foreign financing to carry out acts of terrorism and destabilization.” After appearing at the Ministry, Maradiaga was intercepted along with his driver and lawyer, who were later released.

The evening of June 7, the National Police raided the homes of presidential candidate Juan Sebastián Chamorro and former president of the Superior Chamber of Private Business (COSEP) José Adán Aguerri. The two men were also detained. Violeta Granera, a member of the Political Council of the National Blue and White Unity (UNAB, a coalition of opposition forces), was placed under house arrest for supposedly “inciting foreign interference in internal affairs” and “soliciting military intervention.”

On June 9, former National Assembly Member José Pallais, a member of the National Coalition (another opposition coalition) was arrested under charges of “damaging independence, sovereignty, and self-determination” by “inciting foreign interference in internal affairs,” “commending sanctions,” and other acts prohibited under Lay #1055.

On the night of June 11, CENIDH and the UNAB reported that Violeta Granera had been taken in an unmarked car from her home to an unknown destination. She resurfaced in custody of the courts. The next night, Tamara Dávila, another member of UNAB’s Political Council and leader of the Unamos party (formerly known as the Sandinista Renovation Movement) was detained.

On June 13, the National Police detained and raided the homes of other Unamos leaders and Sandinista leaders opposed to President Ortega. Among the detainees were Unamos president Suyen Barahona, the well-known Sandinista figure Dora María Téllez, the fighter and Sandinista retired general Hugo Torres; former Sandinista Renovation Movement president Ana Margarita Vijil; and the foreign minister of the first Sandinista government, Victor Hugo Tinoco.

Finally, on June 15, the National Police arrested Luis Rivas Anduray, the Executive President of the Bank of Production (BANPRO, a private bank company), who is now being investigated for supposed violations of Law #1055.

This wave of raids and detentions was carried out without warrants and under unusual conditions, with the majority of the detainees now being held incommunicado and forbidden from meeting with their lawyers. 

The organizations that have signed this statement express our serious concern at the use of the Law for the Defense of the People’s Rights to Independence, Sovereignty, and Self-determination for Peace, which violates multiple international human rights standards, to penalize and inhibit political opposition. We are also gravely concerned by the use of pre-trial detention orders lasting up to 90 days, a measure made possibly by recent reforms to the Criminal Code. Such detentions violate personal liberty and the right to the presumption of innocence.

We call upon the State of Nicaragua to act in accordance with recommendations made by the United Nations Human Rights Council and the Organization of American States with the goal of ensuring free and fair elections with national and international monitoring on November 7 of this year. We also demand that Nicaraguan authorities immediately cease all repressive actions against their citizens, unconditionally release all political prisoners, and restore the full exercise of their rights. These violations of fundamental rights must not remain in impunity. The Nicaraguan government must also be held accountable at the international level for this repression.

Once again, we call upon the international community to continue monitoring the ongoing crisis in Nicaragua and demanding respect and protection of the Nicaraguan people’s fundamental rights. 

Sign

Due Process of Law Foundation
Unidad de Protección a Defensoras y Defensores de Derechos Humanos – Guatemala (UDEFEGUA)
Center for Justice and International Law
Centro de Estudios Legales y Sociales (CELS)
CIVICUS
Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
Institute on Race, Equality and Human Rights (Race and Equality)
OXFAM
Organización Mundial Contra la Tortura (OMCT)
Plataforma Internacional contra la Impunidad
Red Internacional de Derechos Humanos (RIDH)

AMARC-ALC, CPJ, IFEX-ALC, Race and Equality and Voces del Sur condemn press freedom deterioration in Nicaragua, call on authorities to guarantee freedom of expression rights

While commemorating World Press Freedom Day, we, the undersigned organisations, condemn the serious deterioration in freedom of expression and press freedom taking place in Nicaragua. An environment that is hostile toward journalism persists in the country, providing no guarantees for the work of journalists. We have learned via complaints from affected journalists that they are being subjected to excessive scrutiny, insults and assaults while carrying out their work. They have also been forced to remove their face masks, used for preventing the spread of Covid-19, in order to be photographed and there have been reports of sexual abuse of journalists.   

It is disconcerting to note the unequal, exclusionary and discriminatory treatment received by independent journalists, who are prevented from carrying out their work and denied access to public information—including reliable information about the Covid-19 pandemic. In addition, independent journalists are constantly targeted with assaults and violations of their rights. This situation has been documented by national and international human rights organisations, as well as the local media. 

We express our solidarity with Nicaraguan journalists and media workers, recognising their bravery, courage and unwavering commitment to their vocation of seeking and sharing quality information despite the assaults, defamation, stigmatisation and culture of secrecy to which they are subjected as part of the current government’s strategy.

In recent months, legal proceedings have been used in an attempt to silence several journalists. Such is the case of Radio La Costeñísima journalist Kalúa Salazar, who, is addition to facing legal action, has also been repeatedly subjected to extensive police harassment, social media campaigns aimed at discrediting her, criminalisation of her activities and physical assaults, all for exercising her right to practice journalism.

As organisations that promote and defend freedom of expression and press freedom, we join the many voices that have been calling for progress in the case of murdered journalist Ángel Eduardo Gahona. We call on the government of Nicaragua to ensure that justice is served in the case, which dates back to April 2018. The individuals responsible for Gahona’s death must be identified and sentenced in order to bring three years of impunity to an end.

We are deeply concerned by the Nicaraguan government’s failure to implement the precautionary measures prescribed by the Inter-American Commission on Human Rights (IACHR) for journalists and their families. In addition, the failure to implement the 48 free expression recommendations provided to the state as part of the third cycle of the Universal Periodic Review conducted under the auspices of the United Nations Human Rights Council gives cause for concern. The recommendations are geared toward protecting and promoting freedom of expression, press freedom and access to information, in addition to ensuring respect for diversity and independence within the media. The government has also failed to comply with recommendations provided by the United Nations Office of the High Commissioner for Human Rights regarding establishing a dialogue based on international standards between the government and the opposition in order to address the serious and multi-faceted crisis in the country.  

Within the context of the upcoming general election scheduled for November 2021, we call on the Nicaraguan government to implement special measures for protecting journalists who will be providing coverage throughout the electoral process. To date, covering election topics, such as pre-candidacies and opposition party platforms and presentations in different parts of the country, has led to increased levels of abuse and restrictions on press freedom.

The IACHR’s Office of the Special Rapporteur for Freedom of Expression has noted that healthy democratic debate requires “the greatest possible circulation of ideas, opinions and information regarding the candidates, their parties and their platforms during the period preceding elections, mainly through the communications media, the candidates and other individuals who wish to express themselves. It is necessary for everyone to be able to question and investigate the ability and suitability of candidates, and disagree with and challenge their platforms, ideas and opinions, so that voters can develop their voting criteria.”

 Finally, we call on the Nicaraguan government to repeal the cyber-crimes and foreign agents laws, which run contrary to international freedom of expression standards. The existence of these laws has forced civil society organisations, including PEN Nicaragua and the Violeta Barrios de Chamorro Foundation, to shut down.

We, the undersigned organisations, fervently call on the Nicaraguan government to guarantee journalists’ security and refrain from using state apparatuses and the armed forces to harass and censor critical voices. We further call on the government to fulfil its international commitments, guaranteeing the freedom to exercise professional and independent journalism that provides reliable information regarding issues of public interest and protecting the right of citizens to receive information.

Signature organizations:

AMARC-ALC

CPJ 

IFEX-ALC

Institute on Race and Equality and Human Rights 

Voces del Sur 

Civil society organizations in Nicaragua suffer from persecution and grave violations to fundamental freedoms

Three years following the outbreak of the sociopolitical and human rights crisis in Nicaragua, repression persists against the victims of human rights violations and their family members; human rights defenders, including defenders from the LGBTIQ, indigenous, and Afro-descendant communities; journalists; members of the opposition; and civil society.

The State of Nicaragua implements a strategy of hindering the work of human rights defenders through acts of intimidation, threats, systematic campaigns of stigmatization, confiscation of assets, and promulgation of laws that contravene international human rights standards, such as the Law on the Regulation of Foreign Agents and Law on Cybercrime. 

The International Institute of Race, Equality, and Human Rights (Race and Equality) spoke with representatives of three civil society organizations that have experienced reprisals due to their work promoting and defending human rights.  We asked them to share with us their assessments regarding the crisis, a call to action aimed at the international community, and a message for human rights defenders.

Marlin Sierra: Without providing a shred of evidence, the government has accused NGOs of conspiring against the State.

Marlin Sierra, a representative of the Centro Nicaragüense de Derechos Humanos [Nicaraguan Human Rights Center] (CENIDH), denounced the fact that the Nicaraguan government has accused non-governmental organizations of conspiring against the State.  As such, the new legislation has the goal of “creating an extremely restrictive environment for the work of human rights defense, thereby significantly reducing its activities and deepening the existing state of terror in the country,” he stated.

In December 2018, CENIDH’s legal personality was arbitrarily cancelled and its assets seized.  In February 2021, the Ortega government confirmed that it would illegally keep CENIDH’s offices in the cities of Managua and Juigalpa after converting them into agencies of the Ministry of Health (MINSA).

Despite this grave attack against the freedom of association, CENIDH has continued its work in defense of human rights and recognizes the commitment of international human rights bodies to Nicaragua.  “They have not restricted themselves to condemning restrictive laws . . . [but rather,] have emphasized the essential role of defenders, human rights organizations, and civil society in promoting and protecting human rights,” declared Sierra.

Lastly, in his message to human rights defenders, Sierra quoted Dr. Vilma Núñez, the founding President of CENIDH: “Defending human rights entails consciously assuming the risk of confronting the sources of power that violate them,” and emphasized the importance of defining new strategies for continuing to resist and accompanying victims in the pursuit of justice.

Lottie Cunningham: The government has formalized administrative and bureaucratic barriers.

Lottie Cunningham, the founder of the Centro por la Justicia y los Derechos Humanos de la Costa Atlántica de Nicaragua [Center for Justice and Human Rights of the Atlantic Coast of Nicaragua] (CEJUDHCAN), declares that the government has established administrative and bureaucratic barriers in order to limit NGO operations, hinder access to foreign funding, and criminalize the work of human rights defenders.

Cunningham noted that, while the cancellation of the [NGOs’] legal personality has been the most visible expression of the violation of the freedom of association, “other negligent provisions and actions have been denounced that have reduced these organizations’ room for operation.”

“[The organizations] have been unable to access the necessary documentation as a result of the unfounded setback by State authorities to enable them to issue the corresponding proof. . . . Later, they impose fines that generate greater expenses for the associations,” denounced the defender.

Cunningham called on the international mechanisms of the IACHR and UN to continue demanding that the government review its laws, create a public space for discussing their content with civil society, actors, and experts in the [respective] fields, and allot additional time for public consideration of legislation, with an eye to guaranteeing that it is aligned with international human rights regulations and standards.

Lottie issued a message of resistance to her colleagues and the Nicaraguan people; “Let’s continue to fight for democracy and the rule of law by using national and international mechanisms, as well as performing acts of civic responsibility.”

Haydeé Castillo: Let us not allow the dream of the April Rebellion to fade.

Haydeé Castillo, the President of the Instituto de Liderazgo de Las Segovias [Las Segovias Leadership Institute] (ILLS), which was also seized by the police in December 2018 and has been converted into a school affiliated with the State’s Universidad Nacional Autónoma de Nicaragua [National Autonomous University of Nicaragua] (UNAN), believes the sociopolitical crisis in Nicaragua “has worsened,” given that the country is being buffeted by an economic crisis, the deterioration of the social fabric, and the despair of the Nicaraguan people, who “are resisting in a state of total defenselessness in the face of an extremely criminal system.”

Faced with this situation, the defender declares that dictatorships do not understand calls to action and appeals, and that one of the greatest challenges confronted by the Inter-American System and Universal Human Rights System is to “establish binding mechanisms of obligatory compliance for States that have ceased protecting their people.”

Castillo issues this message to her colleagues: “Let’s not permit the dream of the April Rebellion – to establish a system at whose core are human rights and respect for human dignity – to fade.  Let’s continue making history; without our work, the victims will continue being unprotected by the justice system and the people of Nicaragua and the international community won’t be able to prove that we lived under a regime that committed crimes against humanity.”

Three years of impunity in Nicaragua: Race and Equality Demands Truth, Justice, Reparations, and Non-Repetition

Washington, D.C., April 16, 2021 – On this third anniversary of the unleashing of the sociopolitical crisis in Nicaragua – which has left more than 300 people assassinated, hundreds of political prisoners, thousands of exiles, and numerous cases of grave human rights violations – the International Institute on Race, Equality, and Human Rights (Race and Equality) joins its voice to the appeals for truth, justice, reparations, and non-repetition, and urges the State to cease the repression and guarantee the conditions of freedom and democracy that Nicaraguans yearn for.

Context

A de facto state of emergency exists in Nicaragua that is manifested in the growing restrictions to civic space; grave human rights violations; more than 100 political prisoners continuing to languish in Nicaragua’s jails; the inadequate management of the health crisis and incompliance with the recommendations of the World Health Organization (WHO) and Pan-American Health Organization (PAHO); the situation of the indigenous and Afro-descendant communities on the Caribbean Coast, which has been aggravated by Hurricanes Eta and Iota; and the persecution of the victims of human rights violations, human rights defenders, people in the opposition, journalists, and civil society.

The State of Nicaragua continues its failure to comply with the recommendations of international human rights mechanisms regarding the reestablishment of democratic guarantees and human rights in the country.  In recent months, the National Assembly has enacted regressive and restrictive laws and reforms, such as the Special Cybercrime Law; Law for the Regulation of Foreign Agents; Law on the Rights of the People to Independence, Sovereignty, and Self-Determination for Peace; and a reform of the Code of Criminal Procedure that permits a person to be imprisoned for up to 90 days while an investigation into his/her alleged crime transpires.

And more recently, a bill to reform the Electoral Law that does not follow the recommendations set forth in the resolution approved by the Organization of American States (OAS) General Assembly in October 2020 or the new resolution of the United Nations Human Rights Council, which urges the Nicaraguan government to undertake significant and inclusive negotiations with civil society and the opposition, calling on the government to work with international organizations to enact electoral reforms no later than May 2021.

On the contrary, the reform bill was unilaterally drafted and presented, and restricts the rights to freedom of expression and association.  It prohibits independent electoral observation; considers inhibiting the participation of opposition candidates; [and] transfers the powers of the Consejo Supremo Electoral [Supreme Electoral Council] (CSE) to the National Police, enabling the latter institution to make decisions regarding campaign activities, among other measures that do not guarantee that the general elections scheduled for November 7, 2021 will be held in a free, fair, and transparent manner, in accordance with international standards.

Campaign

Given this context, as a way to commemorate the third anniversary of the April 2018 civil rebellion, Race and Equality will launch a campaign this Monday, April 19^th to heighten the visibility of the grave human rights violations in Nicaragua, arduous work of civil society organizations in promoting and defending human rights, demands of the victims of human rights violations and their relatives, and position of the international communities in this profound crisis.

We interviewed five victims of grave human rights violations; three representatives of Nicaraguan civil society organizations; the President of the Inter-American Commission on Human Rights (IACHR), Antonia Urrejola; and United Nations Special Rapporteur on the Rights to Peaceful Assembly and of Association Clément Voule.

All campaign materials will be published on our accounts on Twitter, Facebook, and Instagram, as well as on our website.  We invite the international community, national and international press, and civil society to join our campaign by sharing it and using the hashtags #SOSNicaragua and #Nicaragua3AñosdeImpunidad [Nicaragua Three Years of Impunity] to ensure our call for a halt to the repression and demand for truth, justice, reparations, and non-repetition are heard in Nicaragua and throughout the world.