A/HRC/42/30
27.
Nicaragua
78.
From June 2018 to May 2019, OHCHR documented 23 cases of harassment and
persecution against those who regularly share information on human rights violations with
OHCHR. Mr. Braulio Abarca, Mr. Levis Artola Rugama, Mr. Marcos Cardona, Mr.
Gonzalo Carrion, Ms. Haydée Castillo Flores, Mr. Lerner Fonseca, Ms. Sara Henriquez, Ms.
Mayorit Guevara, Mr. Jonathan Francisco López, Ms. Monica López Baltodano, Mr. Félix
Alejandro Maradiaga, Mr. Medardo Mayrena, Mr. Pedro Mena, Ms. Ana Quiroz, Ms.
Francisca Ramí
rez, Mr. Amaru Ruiz Aleman, and Mr. Henry Ruiz Condega consented to
being named in the report, while others did not due to fear of further reprisals. Those
affected have reported threats, harassments and smear campaigns on social media. Their
homes and families have been under surveillance by police officers and pro-government
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
87
88
89
34
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).
GE.19-15332