A/HRC/54/61
including the rights to a nationality, to hold public office, to a legal personality, to a social
security pension and to exercise their legal professions. 132
113. The case of the Comisión Permanente de Derechos Humanos (CPDH) and its staff
has been included since 2019 in the reports of the Secretary-General133 on allegations of
threats, harassment, and intimidation by police for regularly engaging with OHCHR. On 23
July 2022, special procedures mandate holders addressed the dissolution of the CPDH
through the publication of Decree No. 8795 in the Official Gazette No. 73, which cancelled
the legal personality of 25 civil society organisations (NIC 2/2022). As a result of this
cancellation, CPDH was no longer able to receive national and international funding,
including from the United Nations Voluntary Fund for Victims of Torture. Mandate holders
noted that most of the CPDH employees have reportedly fled the country while those
remaining in the country have been officially declared “unemployed”. The organisation’s
real estate and vehicles were reportedly confiscated (NIC 2/2022). According to information
received by OHCHR, the CPDH and its staff relocated abroad to be able to continue their
human rights work and activities.
114. The case of Mr. Félix Alejandro Maradiaga was included in the 2019 and 2022
reports of the Secretary-General134 for an arrest warrant in 2018135 and conviction in March
2022 and sentencing to 13 years in prison under Law No. 1055 in connection to his briefing
to the UN Security Council in September 2018 (S/PV.8340, pages 4–5). Mr. Maradiaga is a
political scientist, was the executive director of the Institute for Strategic Studies and Public
Policy (IEEPP) and a pre-candidate for the 2021 presidential elections. 136 According to
information received by OHCHR, on 9 February 2023 Mr. Maradiaga and another 221
persons were arbitrarily deprived of their liberty and deported from Nicaragua based on an
order from the Court of Appeals of Managua.137 Mr. Maradiaga, together with the others, was
also arbitrarily deprived of his nationality and his records were reportedly erased from the
Civil Registry, which had multiple negative impacts on his human rights.
115. The case of Mr. Anibal Toruño, of Radio Darío, was included in the 2020 and 2022
reports of the Secretary-General138 on allegations of threats following UN action on his case.
In 2021, Mr. Toruño relocated outside the country due to concerns about his safety. Several
of Mr. Toruño’s close relatives and co-workers were the target of repeated acts of harassment,
intimidation, and physical surveillance by police officers. According to information received
by OHCHR, on 15 February 2023 the Managua Court of Appeals issued a decision stripping
Mr. Toruño and 92 other individuals of their nationality, declared them “fugitives from
justice, and requested the confiscation of their properties. This decision was not taken as part
of a criminal trial or any other legal procedure. On 24 March 2023, the authorities confiscated
a house belonging to Mr. Toruño’s relatives, including all the belongings inside.
116. The case of Ms. Vilma Nuñez de Escorcia, of the Centro Nicaragüense de Derechos
Humanos (CENIDH), was included in the 2020 and 2021 reports of the Secretary-General139
on allegations of harassment following her engagement with the United Nations High
Commissioner for Human Rights in 2019 and concerns expressed about the situation of
CENIDH by various UN actors.140 The CENIDH and nine other civil society organizations
were the first to be deprived of their legal personality in 2019 for alleged administrative
omissions or activities contrary to their statutory purposes, including providing support to
“terrorist activities”. Their assets were liquidated and disposed of by the authorities.
According to information received by OHCHR, on 15 February 2023, the Managua Court of
Appeals issued a decision stripping Ms. Núñez de Escorcia and 92 other individuals of their
132
133
134
135
136
137
138
139
140
66
https://www.ohchr.org/en/statements/2023/03/oral-update-asg-situation-human-rights-nicaragua.
A/HRC/42/30, Annex I, para. 78; A/HRC/45/36, Annex II, paras. 95–96; A/HRC/48/28, Annex II
para. 105; A/HRC/51/47, Annex II para. 120.
A/HRC/42/30, Annex I para. 82; A/HRC/51/47, Annex II para. 118.
NIC 5/2021.
A/HRC/49/23, para. 8.
The order of “immediate deportation” was based in the Constitution, the Penal Code and the Law of
Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace.
A/HRC/45/36, Annex II, para. 90; A/HRC/51/47, Annex II para. 119.
A/HRC/45/36, Annex I para. 89; A/HRC/48/28, Annex II paras. 102–103.
NIC 4/2021 and A/HRC/46/21, paras. 18–20.
GE.23-15378