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 Ramírez, 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 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). 33