150 political prisoners were released in Nicaragua, but 600 remain incarcerated

150 political prisoners were released in Nicaragua, but 600 remain incarcerated

Washington, DC, March 15, 2019. The government of Nicaragua released 150 political prisoners from prison and officially put them under house arrest in the last three weeks. The release occurred as a part of the negotiations held by a governmental delegation and members of the Civic Alliance for Justice and Democracy to seek a way out of the human rights crisis that started in Nicaragua in April 2018.

The release took place in two different moments. Today, the Ministry of Interior (Migob, for its initials in Spanish) published a list of 50 people (8 women and 42 men) who, as of today, had their detention conditions changed. Included in the list are the student leaders Yaritza Rostrán and Levis Artola and students from Matagalpa, Nelly Roque and Solange Centeno.

“The prison in its entirety is appalling, but there are many women who are real warriors,” Rostrán told reporters, according to La Prensa newspaper.

Families of political prisoners and their defenders have reported on several occasions that they suffer cruel and inhuman treatment, discrimination, sexual violence, lack of medical attention, threats, and harassment by prison authorities.

Another 100 prisoners of conscience (12 women and 88 men) were released on February 27th, the same day that negotiations started again after the National Dialogue was suspended in June 2018 as a result of the continued repression of protesters by police and parastatal agents.

Negotiations

The release of the last group of prisoners that took place today occured after the Civic Alliance retired a week ago from the negotiating table due to the refusal of the Nicaraguan government to give “credible gestures” to achieve true changes. However, on Wednesday, March 13th, authorities announced that they would release an “appreciable amount” of people, which prompted negotiations to resume on Thursday.

“The release of political prisoners is a deciding factor for the smooth running of the negotiation process with the government,” the president of the American Chamber of Commerce of Nicaragua (Amcham) and delegate of the Civic Alliance, Mario Arana, told the digital media Confidencial yesterday.

According to figures from the Pro-Liberation Committee of Nicaraguan Political Prisoners, at least 777 people are deprived of their liberty for having exercised their right to protest. This means there are still more than 600 people imprisoned for exercising that human right.

According to the government, the 150 people recently released from prison were not political prisoners because they committed “crimes against common security and crimes against public tranquility” during anti-government demonstrations.

This decision to send home 50 Nicaraguans who were imprisoned for exercising their right to protest civically coincides with the refusal of police to allow the march called by Blue and White National Unity on March 17th to take place. The march was called to demand the unconditional release of all the political prisoners. The decision also coincides with an increase in police presence in the capital to intimidate the people and persuade them not to go out to protest.

Since April, when a human rights crisis began in Nicaragua as a result of state repression of civic demonstrations throughout the country, the Inter-American Commission on Human Rights (IACHR) reports that at least 325 people died and another 2,000 were injured.

Race and Equality demands the immediate release of all political prisoners in Nicaragua.

“We lesbian, bisexual, and trans women are not only killed for being women, but also for having chosen to be women.” – Laura Weinstein

“There is no single way of being a woman; there are numerous ways.”

International Women’s Day represents an opportunity to continue defending the fight for recognition of women’s rights.  It is, however, also a space for calling on the Colombian society and State to recognize the diversity and multiplicity of the women who make up the social construct.  Race & Equality spoke with Laura Weinstein, a defender of the rights of trans persons in Colombia and Director of the Fundación Grupo de Apoyo a Personas Trans [Support Group Foundation for Trans Persons] (GAAT), who declares that in order to make progress in building an inclusive, equitable, democratic, and peaceful society, those diverse women who have to date been ‘invisibilized’ and doubly violated must be recognized.

What is the state of the rights of lesbian, bisexual, and trans women in Colombia?

Although we have made important strides in the area of women’s rights, including Colombia’s diverse women, I believe it is not enough, especially because great progress is still needed in recognizing the existence of lesbian, bisexual, and trans women (LBT), not only because society still does not understand the experience of LBT women’s lives and identity, but also because it would appear that the rights we fight for are different from the rest of society, of persons who have access to various rights, and it’s not like that, which is exactly what places us in a different fighting spot.

I would say that the first thing we need to do is to make our society understand that we are not demanding different rights than those that exist which all of us should enjoy; we are not talking about a different type of rights, but rather, the same rights that precisely because of our sexual identity or orientation are denied us or in the majority of cases delimited.  [An example is] the case of trans women accessing their identity, the complications in receiving medical attention to ensure we are not violated, work, education, and many other social participation spaces that delimit us.  In the case of lesbian and bisexual women, there is even less understanding regarding their rights because the idea that these women are “confused” has held sway socially and that “sooner or later” it will be resolved – a situation that not only violates these women’s freedom, but also makes them utterly invisible.  In addition – and this must be said – trans women’s being women is questioned, that’s why they put us on a different level, as there are difficulties related to being women, but these women have other particularities and other needs, as it puts you in spaces that are a lot more complex.

The lack of recognition of the actual effects on women of diverse sexual and gender identities by the women’s movement throughout the region is still very obvious.  Can drawing attention to the importance of treating these effects experienced by LBTI women in a differentiated manner as a part of the struggle for and defense of women’s rights be considered discriminatory or exclusionary, or do you believe it is necessary to address it in a differentiated manner?

  I do indeed believe it is important to speak about them, speak about their effects and the way in which their rights should be guaranteed, because what is not named doesn’t exist.  And so, by not making them visible we are simply hiding a reality that needs to be counted.  We are additionally saying that nothing’s going on, that all of us are in the same situation, in the same place, and it’s not like that.  A cisgender heterosexual woman, for example, is killed for being a woman, a truly grave thing; but in the case of lesbian women or trans women, not only do they kill us for being women, but also for having decided to be women.  Becoming women puts us in a different place from that construction of being a woman, because let’s not forget that being a woman is not something you are born with but rather, is a construction based on the relationship of the other (males and females) that configures you, yourself.  Thus, I feel it is important to speak and talk about the needs that exist – in this case, of LBT women – though recognizing that in and of itself, deciding to be a woman already puts you in a different place than what is societally entailed by being a man or woman.

What are the principal violations committed against LBT women in Colombia?

GAAT’s work is concentrated on the trans population, though we must understand that we have a direct relationship of struggle with lesbian and bisexual women.  For example, in the latter case, the impacts are completely invisible because socially those women are unrecognized, it is as if they don’t exist; they are women who are commonly considered “confused” or “indecisive” and this clearly leads those women to question who they are, as if something were wrong with them, and, well, it shouldn’t be like that.  In the case of lesbian women, [what occurs are] systematic corrective violations of “what you need is a man” so that there will supposedly be a “rectification” of their sexual orientation and they can thus come to see what they are missing in their lives.

In the case of transsexual women, there is also the idea related to the negation of the privilege with which they are born, because of this, but when a person says “it’s just that this isn’t me,” “this is not what I want to experience or go through,” she has a death that is assumed as a betrayal, and the betrayal is paid for through the loss of life, but it’s not just that they kill you, but also the loss of access to all of the rights that any other person could have.  That’s the type of violence we experience and feel; but surely there are many other things, for example, the subjugation of trans women within the framework of the war, in that they are utilized as weapons of war and sexual weapons.  That is, they look like women and as such are showy, though they also have the strength of men and that is taken advantage of for the war.

What do GAAT and Laura Weinstein call on the Colombian State and society in general to do regarding the recognition of LBT women’s rights?

The call is to recognize the identities and great variety of we women who exist, and not only limit it to gender orientations and identities but rather, ensure that there is no single way of being female, that there be a multiplicity of ways of defining ourselves as women: Afro women, campesina women, [and] women who are heads of households are examples of this.  So I believe that it’s important that the Colombian society and State recognize the very important role played by these diverse women in this country’s progress, which the State has oftentimes ‘invisibilized.’

The same thing goes for society as well – it must truly provide space for women because women are the ones who have leant so much strength to this country and have demonstrated that we exist here and that we can live here, and that the role women play has been fundamental.

What strategies or mechanisms should the Colombian State or society put in place to recognize the rights of lesbian, bisexual, and trans women?

 It’s important to recognize their existence, that’s where everything starts, recognizing that the Other exists, that the Other has a place in society, that regardless of who it is or how the person is, he/she deserves life.  I think that’s where we need to start.  We need to launch campaigns recognizing the existence of other identities, other ways of being, not like others describe them – as being “other women” – thereby implying that these women are “normal,” while those other women are “different.”  No – rather, we should be able to find the multiplicity of what it means to be a woman, because we are exactly that, diverse and different.

International Women’s Day: WE ARE WOMEN IN THE STRUGGLE AND ALL OF US ARE DIVERSE!

On March 8, 2019, in commemoration of International Women’s Day, the International Institute on Race, Equality, and Human Rights (Race & Equality) remembers and stands with the struggle of all women throughout the world for recognition and guarantees of their rights.

Despite the many efforts and clear progress made in the area of rights to improve the state of women in Latin America and the Caribbean, especially as regards the closure of gender gaps, and guarantee women’s real and effective access to health, education, employment, and political and economic participation, the huge challenge remains of overcoming the inequities that persist in virtually all spheres, particularly  when dealing with women who are racialized, ethnic, rural, or have diverse gender identities.

According to the data provided by Michelle Bachelet, the current United Nations High Commissioner for Human Rights, in an article entitled The State of Women in Latin America: 25 Years of Light and Shadows, 9,300 women die every year from causes related to pregnancy and their deficient gynecological-obstetric practices.  For every 100 men who live in poverty, 118 women live in a similar state, a figure that accounts for a systematic increase in poverty among women in the region since 1997 and up to the present day.

Despite the fact that women’s participation in the labor market has made notable strides, women continue to be a minority presence, marked by a series of “micro-aggressions” related to gender parity, the reason for which, according to CEPAL, women’s participation in the labor market has stalled at around 53%, and the 78.1% of women who work are in sectors defined by CEPAL as having low productivity, entailing worse remuneration, low social security coverage, and less contact with technology and innovation.

As regards women’s political participation, the challenge remains to increasing the presence of women in spaces of power to thereby transform the patriarchal structures that make it impossible for women to have a presence in governments, the management of public and private businesses, and in the development of laws.  “As long as we are not allowed to be decision-makers [or] participate in spaces of power, the possibility of leveling the playing field and building our societies under equal conditions will be a utopia,” notes the chief.  

In the area of gender-based violence, Latin America and the Caribbean continue to present the highest rate of assaults against women, ranked 14 among the 25 countries with the highest indices of femicide in the world.  Approximately 2,100 women are assassinated every year (six per day and 175 every month) for the simple fact of being women, according to what Bachelet indicated.

The foregoing provides a quick glance at the state of women’s rights in the region; nonetheless, a series of factors that run contrary to them have cross-cut the recognition of women’s diversity and the particularity of their conditions vis-à-vis the enforceability of rights; that is, rural women, Afro-descendant women, and those with diverse sexual and gender identities additionally confront other types of violence that we should make visible on this day.

According to the CEPAL report Afro-Descendant Women in Latin America and the Caribbean: Debts of Equality, the ‘visibilization’ of the historic presence of Afro-descendant women demands recognition of their concrete experience as women who live within a historical, social, and cultural context of slave-owning and racist societies.  Contexts, therefore, that deepen the inequities faced by Afro-descendant women as compared with other social groups, due to their ‘invisibilization’ as subjects of differentiated policies with particular impacts and thus, worrisome indices of poverty, little possibility to access healthcare, education, employment, and participation in decision-making spaces much lower that that of the rest of the population, further undermined by racist and discriminatory logic that is a product of the historical legacy manifested in the ways in which Afro-descendant peoples develop in society.

Something similar occurs with lesbian, bisexual, transgender, and intersex women who throughout history have confronted physical and symbolic violence incorporated into the social group that makes it impossible for their sexual and gender identities to be recognized and thus, have their fundamental rights guaranteed.

According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA), persons who self-identify as having an identity that differs from cisgender (socially concordant with the sex assigned at birth) or are socially recognized [as such], suffer from innumerable human rights violations.  In particular, in Latin America women are the recipients of a series of violent acts on the part of male chauvinists who stigmatize and/or pigeonhole them in roles in which they are not allowed to freely express themselves and recognize their identity.  It is thus that on average, the life expectancy of trans women is no greater than 30 years; their participation in the labor market lags behind, a high percentage of them work in the informal sector or as sexual workers, and they confront violent and complex processes for accessing health [and] education services and participating in spaces of decision-making and power.

We at Race & Equality call on all of the States of Latin America and the Caribbean to continue working to ensure guarantees and recognition of women’s rights.  Unquestionably, empowered women break the cycles of violence and poverty, decisive factors in making progress in consolidating societies that are more equitable and democratic.  To ensure that result, it is essential to continue working to break historically rooted patriarchal schemas, especially as they relate to women’s participation in decision-making spaces.

We urge the States to not lose sight of plurality and diversity in the construction of what it means to be a woman, in which it is essential to undertake affirmative actions that recognize Afro-descendant [and] rural women and women with diverse sexual and gender identities, in this way breaking the barriers that historically have systematically prevented the inclusion and participation of this group of women in social life and ensured that their future generations were subject to the same vicious cycle of inequality, racism, and discrimination.

Afro-Colombian organization and American University research group work together to document the state of the Afro-LGBTI population’s rights in Colombia

An American University research group, together with the Fundación Afrodescendiente por las Diversidades Sociales y Sexuales [Afro-descendant Foundation for Social and Sexual Diversity] (Somos Identidad [We Are Identity]), are documenting the violence threatening the lives and [physical] integrity of Afro-Colombians due to their sexual orientation or diverse gender identity.

With support from the United States Bureau of Democracy, Human Rights, and Labor (DRL) within the framework of the research project undertaken by Race & Equality and seven other organizations in Latin America and the Caribbean in pursuit of the objective of documenting the state of the rights of Afro and LGBTI persons’ rights in the region, Somos Identidad, in partnership with a research group from the American University Washington College of Law, is documenting and analyzing the political-legal context in which Afro-Colombians’ diverse sexual orientations and gender identities are immersed, with a particular consideration of those aspects that guarantee or make it impossible for these groups of people to fully enjoy their fundamental rights.

According to Johana Caicedo, the legal representative of Somos Identidad, Colombia is one of the countries in the region that has taken the greatest legislative strides in the area of the LGBTI and Afro-descendant populations’ rights.  Nonetheless, no legislative work exists at the intersection of these two variables to guarantee and safeguard the rights of Afro-LGBTI persons.  While legislation exists, its materialization in guaranteeing rights remains weak and this tends to have a profound effect on the enforceability of the rights of this group of people that has been structurally and historically marginalized, added Caicedo.

During the days the Afro-Colombian organization of the Universidad del Valle del Cauca [Cauca Valley University] and American University research group worked together the last week in February and first week of March 2019, they met with sexually diverse black/Afro individuals in Cali; held various encounters with activists [and] representatives of Afro and LGBTI social organizations such as Santa María Fundación [Saint Mary Foundation]; and hosted spaces for dialogue with representatives of governmental entities such as the Ministry of Government of the Cauca Valley, Cali Mayor’s Office, and the Office of the Public Prosecutor of the Nation.

 

We expect this research material will contribute to the creation of a map of the state of the Afro-LGBTI population’s rights in Colombia and its consolidation as an advocacy tool in the Inter-American System on behalf of this group of individuals.

LGBTI human rights promoted in Miami’s Ward 4

Washington, DC, February 19, 2019 – Over the course of three days, tens of leaders, defenders, and activists from the LGBTI community on the American continent met in the 4Ward Miami event organized by 4Ward America to share their experiences [and] knowledge and search for opportunities to connect through different activities.

More than 30 speakers participated in the event, held February 16-18, who spoke about the state of LGBTI persons in their respective countries vis-à-vis various topics.  Public officials also participated, such as Fabrice Houdart, a United Nations Human Rights Officer; Susan Harper, Consul General of Canada in Miami; and Congressman David Richardson, a Florida Representative in the United States House of Representatives.

The International Institute of Race, Equality, and Human Rights (Race & Equality), in addition to being the official sponsor of the event, was a participant, represented by its LGBTI Programs Officer for Latin America, Mauricio Noguera, and several partner organizations: Cristián King, Executive Director of Organización de Transexuales, Travestis y Transgéneros de la Republica Dominicana [Organization of Transsexuals, Transvestites, and Transgender Persons of the Dominican Republic] (TRANSSA); Bruna Benevides, Secretary of the Articulación Política de la Asociación Nacional de Transexuales de Brasil [Political Coordinating Body of the National Association of Transsexuals of Brazil] (ANTRA); and Luna Sharlotte Humerez, President of Organización de Transexuales, Travestis y Transgénero Femeninas de Bolivia [Organization of Transsexuals, Transvestites, and Transgender Females of Bolivia] (OTRAF).

Noguera expounded upon the current state of LGBIT rights in Latin America; Humerez and Benavides spoke on the state of LGBTI women in the Americas, specifically in their countries of origin and in particular spheres, such as indigenous trans women; and King presented on the current state of the LGBTI population with HIV and AIDS in the region, wherein he placed particular emphasis on explaining a law on the topic that is applied in the Dominican Republic.

“It was relevant for our partner organizations to be able to be heard in this type of international forum, to be able to bring information on their countries and present it in this space.  In addition, it was relevant for all of us to come together to dialogue, analyze common problems, establish alliances, and share concerns,” noted Noguera.

Thanks to the support of the Bureau of Democracy, Human Rights, and Labor of the United States Department of State, Race & Equality was able to sponsor the event and facilitate the attendance of the aforementioned international invitees.

The Symposium on LGBTI Human Rights also addressed issues such as environmental sustainability, healthcare, immigration, and sports, all of which were focused on the measure to which they intersect with the various degrees of security, equity, and freedom experienced by LGBTI persons.

PRONOUNCEMENT: We embrace the attempts to resume dialogue in Nicaragua, though with guarantees that human rights will be respected

Washington, DC, February 18, 2018 – Last Saturday, the government of Nicaragua met with businesspersons from national banking institutions and agroindustry, with the following individuals serving as witnesses: Cardinal Leopoldo Brenes, Archbishop of Managua, and Waldemar Stanislaw Sommertag, Apostolic Nuncio.  As reported by the government itself, said meeting confirmed “the need to reach an understanding, in order to commence negotiation, through an inclusive, serious, and frank encounter.”  The businesspersons, for their part, called on all sectors of Nicaraguan society to decisively support possible new negotiations with the government.

Between May and June of last year, the Nicaraguan government initiated a national dialogue, with the Episcopal Conference of Nicaragua serving as the mediator and the Alianza Cívica por la Justicia y la Democracia [Civic Alliance for Justice and Democracy] as a counterpart.  Nonetheless, it was canceled due to the government’s refusal to cease the repression against the Nicaraguan people.

The International Institute on Race, Equality, and Human Rights (Race & Equality) believes it is essential to resume the national dialogue between the government of Nicaragua and broad sectors of civil society in order to find a solution to the profound ongoing human rights crisis that in many respects has become more acute after 10 months.

Since April 18, 2018, the repression of antigovernment protests has resulted in at least 325 people killed, more than 2,000 injured, around 50,000 people compelled to flee the country as refugees, and more than 700 men and women currently imprisoned for calling for justice for the victims of the repression and respect for democracy.

In recent months, the authorities have aimed their repressive tactics at human rights defenders, women, journalists, independent news media, and civil society organizations in order to dismantle all spaces for criticism.

In light of these circumstances, Race & Equality believes it is critical, in order to restart the national dialogue, for the Nicaraguan government to send clear signals of complying with its national and international human rights commitments, among which we highlight the following:

  • Immediately cease the repression and arbitrary detentions of the Nicaraguan populace.
  • Nullify the trials of and immediately release all political prisoners.
  • Authorize the return to the country of the Monitoring Mechanism for Nicaragua (MESENI) of the Inter-American Commission on Human Rights (IACHR), as well as the mission of the Office of the United Nations High Commissioner for Human Rights (UNHCHR), which were expelled from the country last year.

We have observed with concern how the apprehension of citizens has continued in various part of the country and that the judicial machinery does not stop imposing hundreds of years of prison, failing to respect the guarantees of due process.  Neither of these behaviors nourish in any manner the fostering of a favorable environment for dialogue.

Race & Equality strongly believes that an inclusive dialogue is the only solution to the Nicaraguan crisis: a dialogue that nourishes the respect for human rights, truth, justice, and reparations for the victims.

*Photo of Oscar Navarrete taken by La Prensa newspaper.

Political Prisoners in Nicaragua: Three Campesinos Sentenced to 216, 210, and 159 Years in Prison

Washington, DC, February 18, 2019 – Medardo Mairena and Pedro Mena, two leaders of the Movimiento Campesino [Campesino Movement] arrested in July for demanding justice and democracy from the government of Nicaragua after the brutal governmental repression of civic protests, were sentenced today to 216 and 210 years in jail, sentences that are considered excessive for defendants in Nicaragua, given that life sentences do not exist in that country and the maximum sentence permitted under the [Nicaraguan] Constitution is 30 years.

The campesinos had been declared guilty on December 17, 2018 of the crimes of terrorism, organized crime, assassination, simple kidnapping, robbery, and hindering public services.  The defense lawyers who represented the campesinos, as well as experts in this field, viewed it as the end of a trial lacking guarantees, filled with contradictions, false witnesses, and evidence tampering.

According to local media, the sentence was announced by Judge Edgard Altamirano of the Ninth Criminal Trial District of Managua, who additionally sentenced a third campesino by the name of Luis Pineda Icabalzeta to 159 years in prison.

In December, a fourth defendant named Silvio Saúl Pineda Bonilla was declared not guilty of the crimes of which he had been accused.

The lawyer defending Mairena and Mena, Julio Montenegro of the Comisión Permanente de Derechos Humanos [Permanent Commission on Human Rights] (CPDH), declared last December to local media that Judge Altamirano “had the ruling already prepared,” which he read immediately following the closing arguments.

Mairena, Mena, and Pineda are some of the more than 760 political prisoners recorded by the Comité Pro Liberación de Presos y Presas Políticas de Nicaragua [Committee in Favor of Freeing Nicaraguan Political Prisoners] up through February of this year.  These three campesinos bring the total to more than 140 political prisoners who have already been sentenced.  Their crime, affirm their relatives, has been to protest with the flag of Nicaragua in their hands.

Who are they?

Mairena represented campesinos in the Civic Alliance for Justice and Democracy, a group of citizens, students, businesspersons, and activists who participated in the National Dialogue with the Government to seek a way out of the socio-political and human rights crisis that by May had left 56 dead. As of this writing, State repression has left at least 325 dead, more than 2,000 people injured, and more than 50,000 who have sought refuge in Costa Rica.

In addition, Medardo was the coordinator of the National Council in Defense of the Land, the Lake, and Sovereignty, a group of campesinos who have fought since 2014 for the repeal of Law 840 that grants a Chinese company permission to build and operate an interoceanic canal that would destroy dozens of rural communities in Nicaragua.

Mena also belonged to the Civic Alliance for Justice and Democracy, serving as an advisor to Mairena, and was part of the campesino movement opposed to the canal project.

According to the Public Prosecutor’s accusation, quoted by the newspaper La Prensa, Medardo Mairena was the head of a “criminal group” that guided the creation of roadblocks in Boaco, Chontales, Nueva Guinea, and Río San Juan to prevent the normal operation of transportation and commit various crimes. In addition, he is accused of being the mastermind of the murder of five police officers and a civilian in the municipality of Morrito, in Río San Juan on July 12, 2018.

Although Medardo Mairena openly supported the creation of barricades or roadblocks, they were actually installed by the campesino movement, students, and citizens throughout the country as a form of civic protest against governmental repression. Residents of Morrito, according to the digital media outlet Confidencial, attribute the assassinations to parapolice officers allied with the government who attacked a peaceful march that same day. Relatives of Mairena and Mena say they are being criminalized for actively participating in demonstrations against the regime of Daniel Ortega and Rosario Murillo, as well as for the public demands for justice and democracy that were issued as a result of acts of repression committed since April 2018.

Detention

Medardo Mairena and Pedro Mena were at the Augusto C. Sandino International Airport in Managua when they were arrested on July 13 without an arrest warrant. From there, the police took them to the Directorate of Judicial Assistance (DAJ), better known as “El Chipote” [The Smack].

The police issued a statement announcing that they had arrested Mairena “when he tried to flee the country.” The campesino leader’s brother, Alfredo Mairena, assured Confidencial that Medardo and Pedro were heading to Los Angeles, United States for a meeting in solidarity with the campesino movement. The police did not explain why they had also arrested Mena.

The police statement directly labeled Medardo “a terrorist” and “leader” of a criminal organization.

Judicial process

Four days after their arrest, a judge in Managua held a preliminary hearing against Mairena and Mena behind closed doors, according to the newspaper La Prensa. Following this hearing, the two leaders were transferred to the La Modelo [The Model] Prison System, where they have been continuously tortured. On July 25, the director of the CPDH, Marcos Carmona, denounced that the leaders were being beaten continuously by a prison official known as “El Chacal” [The Jackal].

After an initial hearing on August 15, the trial of Medardo, Mena, and Pineda was rescheduled three times and finally held on November 13. The defense alleged a “delay of justice,” and during those months of waiting, the torture and inhuman and degrading treatment continued.

Julio Montenegro commented on November 6 to journalists that since the campesino leaders were transferred to La Modelo, they remained in a cell known as “El Infiernillo” [The Hotplate], a small space with little ventilation and no light. In addition, he reported that the presence of insects, scorpions, cockroaches, and mosquitos was continuous, and the food provided was “wretched.”

After nine days of trial, the process concluded on December 17 with a ruling of criminal responsibility issued against the three campesinos. Neither the delegates of the Special Monitoring Mechanism for Nicaragua (MESENI, for its initials in Spanish) of the Inter-American Commission on Human Rights (IACHR) nor Nicaraguan human rights organizations were allowed to attend any of the hearings, despite the fact that Nicaraguan law establishes that hearings must be open to the public.

The tests and witnesses

CPDH lawyer Julio Montenegro confirmed on December, during a press conference, that no evidence presented by the Office of the Public Prosecutor – whether images, audio, or video – demonstrated overwhelmingly that Medardo Mairena had directed any actions against the police or that he had organized barricades or roadblocks.

Furthermore, Montenegro said the video that purported to be the most important evidence held by the prosecutors was in fact a sequence of three different scenes that “do not fit together.” “In the first scene, Medardo is on a cobblestone street with a group of people with blue and white flags; the second one is spliced together with a group of people who are in a crosswalk carrying red and black flags; and the third image shows a pitched battle in which Medardo Mairena does not appear.”

There were also serious contradictions among several of the 45 witnesses presented by the Prosecutor’s Office, all of whom were public officials. “One of the witnesses was made to read what he was going to declare from a giant screen,” Montenegro said.

On the ninth day of the trial, the Mairena and Mena defense presented three witnesses and a video that revealed that the day of the incidents in Morrito, Mairena was participating in a march in Managua.

Montenegro said back in December that he would file an appeal, wherein he will first question the validity of the trial due to innumerable anomalies in the process.

*A prior version of this article on December 19, 2018 was published when the campesinos were declared guilty.  This new version has been updated with the sentences they were given.

Main photo taken from El19Digital Website

The International Institute on Race, Equality, and Human Rights (Race & Equality) views the sentencing of Medardo Mairena and Pedro Mena, as well as the detention and irregular trials of those accused in the protests of April 2018 and subsequent months, as part of the response of the Nicaraguan government to the civic protests that began eight months ago.

The above was characterized by the OHCHR in its Report “Violations of Human Rights and Abuses” as follows:

“The overall response of the authorities to the protests did not meet the applicable standards for the proper management of demonstrations, in violation of international human rights law . . .”

In addition, the trials, sentences, and persecution and repression now prevailing in Nicaragua targeting various sectors must be assessed by taking into account what has been said by the OHCHR in its aforementioned report:

“Instead of recognizing any responsibility for the social catastrophe, the government has blamed social and opposition leaders, human rights defenders, and the media for what it has termed ‘coup violence,’ the negative impact of the political crisis on the national economy, and the 197 deaths that have been officially recognized…”

Race & Equality calls for the immediate release of political prisoners and for the State of Nicaragua to accept its responsibility for the violence unleashed by the authorities that has left at least 325 people dead, including 24 children. Race & Equality calls on the State of Nicaragua to ensure truth, justice, and reparation for the victims.

Gender- and race-based micro-aggressions perpetrated against Afro-trans women

Washington, DC, February 12, 2019 – Within the framework of a series of training processes put forward by the International Institute on Race, Equality, and Human Rights (Race & Equality), the second encounter of the dialogue ‘Why Speak About Afro-LGBTI?’ was held on February 12, 2019 in the city of Santo Domingo in the Dominican Republic with more than 60 activists and human rights defenders participating, primarily Afro-LGBTI persons, from Colombia, Peru, Brazil, and the Dominican Republic who were convened by the organization Trans Siempre Amigas [Trans Always Friends] (TRANSSA).

This second dialogue space, moderated by Christian King of TRANSSA, began with a focus on the discrimination experienced by the Afro-trans activist Belén Zapata, a member of the Afro-Peruvian youth organization Ashanti, in the process of entering the city of Santo Domingo, in the Las Américas Airport.

The discrimination Belén confronted can be summarized by stating that after she cleared the legal immigration controls and was proceeding to exit the airport, an employee retained her passport without identifying himself or giving a reason for his action, forcing her to stand against a wall for around 40 minutes while being stared at by people in the airport.  Afterward, she was led, together with a group of 10 others (most of whom were Afro-descendants), to other controls and scans in which she was repeatedly checked until [the employees] finally concluded she was not carrying drugs.  Belén received no response to her questions as to the reasons for this procedure; only by the end did she herself deduce she was being submitted to a drug-check.  She was informed that it was a routine check performed on new visitors to the country.

The entire incident experienced by Belén did not last longer than an hour.  The situation itself did not generate any legal consequences against her, no physical violence was employed, and furthermore, the procedures apparently were being justified by a confusing argument of drug-control and standard procedures employed with new visitors to the country.  The responsible parties?  After Race & Equality issued a communiqué and tweet denouncing the situation, Aerodom (the entity that operates the Dominican Republic’s airports) indicated that it is a private entity and that other entities were in fact responsible.  Conclusion?  There is no specific entity that can respond to this situation.

Within the framework of the roundtable conversation, the participants reflected on the normalization of this type of aggression.  Although its effects entail several violations – such as the violation of due process, unjustified restriction of movement, and arbitrary abuse of authority – we view these situations as minor because they do not entail extremely grave physical abuse.  In this sense, we are dealing with what is known as ‘micro-aggressions’ [‘micro-violencias’] that become normalized by the victims, who do not view them as grave or simply because they have no expectation of receiving a response when they denounce them to the authorities.

Belén’s courage was obvious during the conversation as she spoke about this situation, given that some of the attendees at the event had talked about similar situations they had experienced, whether due to their race, sexual orientation, and/or gender identity.  Likewise, the gravity of these incidents was discussed, when the lack of identification from officials and arbitrary nature of the procedures hinders the pinpointing of specific responsibility.  In addition, the group questioned the airport authorities’ lack of coordinated work strategies in this case which, as in other cases, is the result of viewing the response to situations of structural discrimination as being the responsibility of others rather than everyone’s responsibility.

Another situation narrated by an Afro-trans participant illustrated the limitations of her access to healthcare as a trans woman.  The participant described a situation in which she was the object of mockery when she asked to be seen by a urologist for problems associated with her prostate.  For this simple fact she was ridiculed and initially refused copies of the medical exams that had been performed on her, though she was finally able to get them due to her insistence.

Again, while she had access to medical attention and the situation can be described as a simple matter of incorrect attention provided to the user, this type of aggression that can appear to be ‘micro’ in fact has a profound impact on trans persons’ confidence in medical institutions and in this case, that of Afro-trans [persons].  This is a situation in which medical services become tortuous and health or even life itself are put at risk when the refusal of services leads to individuals deciding on their own to stop seeking adequate medical attention.

These two simple reflections on the aggressions visited upon Afro-trans women, while they deviated us from the classic discussions regarding the grave violence committed against the Afro, trans, and LGBTI populations, placed front and center the fact that oftentimes the root cause of the grave violations experienced by these populations is found in daily life, in the degeneration of a service or irregular procedures which, while not leaving permanent traces, have the effect, drop by drop, of wearing away Afro-trans persons’ human dignity and integrity.

Thanks to the support of the Bureau of Democracy, Human Rights, and Labor of the United States Department of State, Race & Equality was able to sponsor the event and facilitate the attendance of the international invitees.

More than 60 female political prisoners have been subjected to different forms of violence in Nicaragua

February 14th, 2019. Around 68 female political prisoners of the Government of Nicaragua are facing different forms of violence, including violation of guarantees of due process, cruel and inhuman treatment, discrimination, sexual violence, lack of medical attention, threats, and harassment. This situation was denounced yesterday by representatives of civil society during the private hearing “Human Rights Situation of Women Deprived of Liberty in Nicaragua,” held in Bolivia during the 171st session of the Inter-American Commission of Human Rights (IACHR).

Among the speakers during the private audience were representatives of the Institute on Race, Equality and Human Rights (Race and Equality), the Center for Health Information and Advisory Services (CISAS, for its initials in Spanish) and the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish). The latter two organizations had their legal status arbitrarily invalidated by the Nicaraguan Assembly, which has left the victims of the repression that these organizations attended defenselessness.

Due to a lack of information from authorities, there are no official figures on the numbers of female political prisoners in Nicaragua. However, data collected by the Nicaraguan Initiative of Women Human Rights Defenders (IN-Defensoras) and the Registration Commission of the Blue and White National Unity (UNAB, for its initials in Spanish), suggest that 102 women have been arbitrarily arrested by police and paramilitaries since the protests against the government began 10 months ago. From that total, there is information that 68 woman are still detained. Of those, 40 are being prosecuted and 17 have already been convicted with sentences ranging from 6 months to 40 years of prison.

Additionally, 26 women are detained in the La Esperanza women’s prison, three are under house arrest and the rest are detained in the Judicial Assistance Department (DAJ, for its initials in Spanish), better known as ‘El Chipote,’ or in departmental police delegations.

Inhuman and degrading treatment

“La Esperanza penitentiary has been a cell of isolation and punishment. The blackmail, verbal abuse, and even physical abuse in some cases have been recurrent by the prison authorities,” the mother of one of the political prisoners said during the audience. She added that “inside (the prison) they are totally isolated from the rest of female inmates and they are treated as if they have a disease.”

Ana Quirós, director of CISAS, also pointed out that the 26 female political prisoners detained in La Esperanza are jammed into two cells that were originally designed for 8 prisoners each, which have a single bathroom.

According to Quirós, all the female political prisoners “live with permanent anxiety, facing threats and receiving constant visits by armed men with dogs” as a means of intimidation. In addition, many times they are taken out of the penitentiary without being informed where they are being taken, “so they live with the fear of being disappeared.”

Sexual violence

Another manifestation of repression committed by the authorities and mainly directed towards women is sexual violence. Quirós explained that the female political prisoners have been forced to strip naked and perform squats in front of their male captors, have been victims of inappropriate and obscene contact, have received threats of rape, and have been raped with penetration. All of the above situations have been used as a method of torture to obtain information or to force the woman to film incriminating videos against opposition leaders.

Restrictions on health

The prison authorities have also denied medical care and access to medical treatment to inmates with health issues such as depression and anxiety, infections due to overcrowding and poor hygiene conditions, migraines, gastritis and hypertension.

“There are some woman with more serious problems and whose treatment is urgent, such as Ruth Matute, who has a congenital heart disease; Brenda Muñoz, who suffers from hepatic and renal polycystic disease; and Delmis Portocarrero, who has lupus erythematosus and hypertension,” Quirós told the representatives of the IACHR.

She also mentioned other cases such as that of Mercedes Chavarría, who has paralysis of half of her body; Ana Hooker, who has only one kidney and as a result suffers from hypertension, fluid retention and hypothermia; and the case of Irlanda Jerez, who suffers from heart problems and had a mitral valvuloplasty.

Discrimination against LGBTI people

A representative of a Nicaraguan organization that promotes the rights of the LGBTI population  denounced that as of today, there are three transgender women who are detained in male prisons, including the students Victoria Obando and Kysha López.

“These women have been denied their right to gender identity, relegating them to prisons for men where they suffer discrimination, harassment, violence, and torture; and where they’re forced to undress in front of hundreds of men in the prison. They are shouted by the officials of the penitentiary system that ‘there are only virile man’ in there,” the activist exposed.

Violations of due process

Ana Bolaños, a lawyer at Race and Equality, pointed out the violations of the due process rights of the political prisoners in Nicaragua.

Women “have been arrested without arrest warrants, without charges by the Public Prosecutor’s Office or any lawsuits against them,” said Bolaños, adding that after their arrest, the prisoners are illegally remitted in their capacity as detainees to the cells of ‘El Chipote in Managua, where they have been subjected to extensive and repeated interrogations and different forms of violence.

“These actions have demonstrated the coordinated work among the organs that form the Criminal Justice System of Nicaragua, particularly the National Police, the Public Prosecutor’s Office and the Judiciary,” she stated.

More than 700 political prisoners

In addition to the 68 women deprived of liberty, the Registration Commission of the UNAB and the Committee for the Release of Political Prisoners count 700 men who have been imprisoned in the context of the current crisis of human rights in that Central American country.

Since April 2018, Nicaragua has been submerged in a serious human rights crisis that has continued to intensified. During the last two months, the government has been silencing dissenting voices and the violence is more selectively manifested towards human rights defenders, women, journalists, independent media, LGBTI persons, and civil society organizations.

International Organisations Establish International Observatory of the Human Rights Situation in Nicaragua

Americas/Europe, 16 January 2019. April 18, 2018 marked a watershet moment in the recent history of Nicaragua, with the outbreak of a political and social crisis that has seriously impacted the respect for and guarantee of human rights of the Nicaraguan people.

Nine months since the start of the human rights crisis, state repression against protesters, leaders, human rights organisations and social movements continues, placing the defence of human rights and social participation difficult to sustain. The government of President Daniel Ortega and Vice President Rosario Murillo has also been denying opportunities for international monitoring, which they had initially invited, such as the Follow-up Mechanism for the Situation in Nicaragua (MESENI) of the Inter-American Commission on Human Rights, (IACHR) and the UN Office of the High Commissioner for Human Rights.

According to the statement made by the executive secretary of the IACHR, Paulo Abrão, in his last presentation to the Permanent Council of the Organization of American States (OAS), “the characteristics of state violence show that there was a decision by the State to use forces in such a way that involved the commission of multiple criminal acts against demonstrators and political opponents; specifically murder, imprisonment, persecution, rape, torture and, eventually, enforced disappearances.”

According to what has been documented by the IACHR, the escalation of violence has resulted in 325 people killed and more than 2000 people injured; 550 people detained and prosecuted; around 300 health professionals dismissed from their jobs; and the expulsion of at least 144 students from the National Autonomous University of Nicaragua (UNAN).

With the possibility of international observation terminated, the blocking of spaces for civil society organisations to monitor and follow up human rights violations, the criminalisation of human rights defenders (HRDs) and their organisations, the closure of civil society organisations and the increasing forced migration of thousands of people due to the political violence, the need to establish an international mechanism to observe the situation in the country is extremely urgent.

It is in this context that a group of international and regional human rights organisations have come together to
establish the International Observatory of the Human Rights Situation in Nicaragua, including: Center for Justice and International Law (CEJIL), Civicus- World Alliance for Citizen Participation, Urgent Action Fund-Latin America (FAU-AL), Front Line Defenders, Due Process of Law Foundation (DPLF), EU -LAT Network , JASS – Just Associates, Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IMD), Brot für die Welt (Bread for the World), Plataforma Internacional contra la Impunidad, International Institute on Race, Equality and Human Rights (Race and Equality), Unidad de protección a defensores y defensoras de Guatemala (UDEFEGUA) and the Washington Office on Latin America (WOLA).

The Observatory is constituted by virtue of the crisis in Nicaragua, which makes it imperative that international civil society reinforce its work of documenting and monitoring the human rights situation in a coordinated and proactive manner.

 

Main photo: Carlos Herrera/Confidencial

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