A/HRC/42/30
armed elements. In some instances, their relatives suffered attacks against their life and
personal integrity. On 22 February 2019 the High Commissioner expressed concern about
the “arrest and jailing of opposition leaders, possibly in some cases as a reprisal for
cooperating with the UN”.87
79.
In 12 of the 23 cases, victims were arrested or had arrest warrants issued against
them. All cases of detention presented elements of arbitrariness or illegality. Reports
received indicate a pattern of persistent infringement of the principle of the publicity of
hearings. In some cases, defense attorneys were threatened with criminal prosecution by the
judges during hearings, and the use of undercover witnesses hindered the exercise of the
defense. On 5 November 2018, nine special procedures mandate holders raised the situation
of some of the women defenders affected, expressing concerns about disproportionate and
undue restrictions on them (NIC 4/2018).
80.
On 14 March 2019, the European Parliament adopted a resolution (2019/2615(RSP)
on the situation in Nicaragua, and strongly condemned “the persecution, arrest and
intimidation of people cooperating with the UN and other international bodies.” In March
2019, the Human Rights Council adopted a resolution on the human rights situation in
Nicaragua expressing concern over reported acts of intimidation and reprisals
(A/HRC/RES/40/2, para. 2).
81.
On 23 September 2018, Mr. Jonathan Francisco López, a 20-year-old student leader
from the National University of Managua, was arrested on a warrant issued on 14 July
2018, transferred to the detention centre known as “El Chipote”, and held incommunicado
for a number of days. Initially, he was not allowed to communicate with his family or
lawyer, and was not brought before a judge. The situation of Mr. López was reported as an
act of reprisals for his leading role in the students’ protests and for a meeting in June 2018
with the High Commissioner for Human Rights in Geneva. On 8 October 2018, the
Assistant Secretary-General addressed these allegations in writing to the Government. On
22 February 2019, the High Commissioner for Human Rights noted that the proceedings in
many of the cases that have reached the courts, including that of Mr. López, “have been
marked by a lack of transparency, issues relating to the credibility and independence of
witnesses, undue restrictions on evidence and witnesses for the defence, and insufficient
access of defendants to their lawyers.” 88
82.
On 7 November 2018, four mandate holders expressed concern at the arbitrary
detention of Mr. López and at attacks, intimidation and threats against Mr. Félix Alejandro
Maradiaga and others more generally (NIC 5/2018; A/HRC/40/60/Add.1, para. 246;
A/HRC/40/52, para. 58) 89 as reprisals for their cooperation with international bodies,
including the United Nations. On 5 September 2018, Mr. Maradiaga participated in an
information session on Nicaragua related to the UN Security Council in New York. A week
later, on 24 September 2018, a criminal court in the district of Managua issued a warrant
for his arrest on charges of organized crime and financing of terrorist activities, reportedly
for his cooperation with the UN. Prior, on 9 July 2018, the Inter-American Commission for
Human Rights had granted Mr. Maradiaga precautionary measures responding to a
sequence of attacks, threats, death threats against him and his family, as well as
stigmatization by public officials. Due to this situation, Mr. Maradiaga left the country.
83.
On 27 November 2018, the Government responded. Regarding the situation of Mr.
López, the Government indicated that he had been charged with obstruction and kidnapping
under articles 327 and 163 of the Criminal Code. On 14 November 2018, during a
preliminary hearing, it was decided to keep Mr. López in pre-trial detention during which
he has received weekly visits by relatives and access to medical attention. Regarding the
situation of Mr. Maradiaga, the Government informed that there was an arrest warrant
against him on charges of organized crime and financing of terrorist activities, as per
articles 393 and 395 of the Criminal Code. On 14 February 2019, the Fifth Criminal Court
of Managua found Mr. López guilty of the crimes of disruption of public services, illegal
87
88
89
GE.19-15332
OHCHR, “Bachelet concerned about criminalization of dissent in Nicaragua,” (22 February 2019).
Ibid.
See also OHCHR, “Nicaragua must stop repression of human rights – UN experts” (22 November 2018).
35