A/HRC/42/30
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
possession and carrying of weapons, kidnapping and threats, and sentenced him to five
years and three months in prison. On 20 May 2019, Mr. López was released, together with
other 99 persons detained in the context of the 2018 protests, under “family cohabitation or
other alternatives measures to deprivation of liberty.”
84.
On 8 February 2019, the spokesperson of the High Commissioner for Human
Rights 90 expressed concerns that agents from the Ministry of Interior conducted a raid,
allegedly without a warrant, on the offices of the Federación Red Nicaragüense para la
Democracia y Desarrollo, known as “Red Local,” a coalition of 22 civil society
organizations working across the country. During the raid, documents and assets were
seized, and two of Red Local’s staff were detained for a few hours and subsequently
released. The assault took place only six days after a group of Nicaraguan civil society
representatives, including members of Red Local, met the High Commissioner for Human
Rights in Geneva and shared their concerns about the increasing restrictions on civic space
and expression of dissent in Nicaragua. On 12 March 2019, seven special procedures
mandate holders addressed the alleged reprisals against Red Local and its members for
cooperation with the UN, expressing concern that the raid was reportedly intended to
obstruct the activities of the members of Red Local, as well as send a message to civil
society in the country (NIC 1/2019).
28.
Poland
85.
On 13 December 2018, five special procedures mandate holders expressed concern
about reports that human rights defenders traveling to participate in the 24th Conference of
the Parties (COP 24) to the UN Framework Convention on Climate Change (UNFCCC),
held in Katowice, were barred from entering the country in early December 2018.91 They
also expressed concern that the defenders were harassed, arbitrarily detained and
questioned for several hours by the Polish authorities. The majority of up to a dozen
individuals denied entry into the country were reportedly holding visas to enter Poland and
approved UN accreditation. On 25 January 2019, the Assistant Secretary-General addressed
these concerns in writing.
86.
Prior, on 23 April 2018, five special procedures mandate holders addressed the
adoption of a law related to the organization of the COP24 by Poland (POL 3/2018). They
expressed serious concern that the law could enhance the surveillance powers of the police
and secret services, allowing them to collect, obtain, process and use personal electronic
and digital data without the necessary safeguards, and consequently, unduly restrict the
right to privacy on environmental human rights defenders and members of the public
seeking to participate in COP24 (article 17.1).
87.
On 23 May 2018, the Government addressed the allegations that related to the law,
providing a detailed explanation of preparatory measures the law was foreseen to facilitate
90
91
34
OHCHR, “Comment on a raid of key Nicaraguan civil society organization by UN Human Rights
Spokesperson Rupert Colville,” (8 February 2019).
OHCHR, “Poland: UN experts condemn measures to stop human rights defenders join climate talks,”
(13 December 2018).