Aníbal Toruño
Cases- Location of case in SG report
- 2020-090-001
- Relevant SG report
- Year of the report
- 2020
- From Country
- Country Geolocation
Latitude: 12.865416
Longitude: -85.207229
- Country Geolocation (linked Cases)
- Nicaragua
- From Region
- Type of record
- Named individual
- Gender
- Male
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
had recently returned to Nicaragua from exile, owner of Radio Darío
- Type of rights defended
- Unclear in SG Report
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
It is believed that the graffiti was linked to action taken by the UN related to his case, in an effort to silence and intimidate him. Two weeks earlier, on 26 August 2019, special procedures mandate holders and the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights had issued a press release highlighting that Radio Darío workers in León had been the victims of harassment, threats, arbitrary detention and acts of violence, and that their facilities had been raided and attacked by pro-Government elements. 68 Mandate holders had also addressed the situation of Mr. Toruño and Radio Darío on 19 August 2019 to the authorities (NIC 5/2019).
- Engagement with UN body
- Other
- UN Special Procedures: thematic
- Dates of engagement
- 19 August 2019; 26 August 2019
- Type of attempted engagement
- UN raised case of person/organization
- Dates of mentioned reprisals
- 7 September 2019
- Location of mentioned reprisals
- León
- Reprisal information
On 7 September 2019, Mr. Aníbal Toruño, who had recently returned to Nicaragua from exile, found threatening graffiti on the walls of his house and those of Radio Darío, of which he is the owner.
- Types of reprisals suffered
- Property damage/raid/search/confiscation
- Threats/Intimidations (incl. "fear of reprisal")
- Alleged/likely perpetrators
- Unclear
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- Yes
- Was the case raised by a State at the UN?
- Yes
- Which State raised the case at the UN and when?
In August 2021, the case was raised by BENELUX at the 48th session of the Human Rights Council during the Interactive Dialogue with the Assistant Secretary-General on the report on reprisals for cooperation with the UN: 'In Nicaragua, the reprisals against Ms. de Escorcia, Mr Toruño, Mr. Caarmona and Mr. Jonathan López, indicate continued harassment of civil society and media in the run-up to the elections in November.'
In September 2023, it was raised again by BENELUX at the 54th session of the Human Rights Council during the the Interactive Dialogue with the Assistant Secretary-General on the report on reprisals for cooperation with the UN: 'we wish to express our particular concern about the following grave cases: 4. Comisión Permanente de Derechos Humanos and its staff, Mr. Félix Alejandro Maradiaga, Mr. Aníbal Toruño and Ms. Vilma Nuñez de Escorcia in Nicaragua.'
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 3
- In which SG report was this case followed up on? 0
- 2021
- Follow up information provided in SG report 0
- The case of Mr. Anibal Toruño, of Radio Darío, was included in the 2020 report of the Secretary-General212 on allegations of threats following UN action on his case. On 12 May 2020, special procedures mandate holders addressed the alleged lack of effective investigations of the attacks against employees of Radio Darío, in a wider context of reported attacks, harassment, threats, undue pressure against and confiscation of equipment and materials from journalists and media outlets (NIC 2/2020). According to information received by OHCHR, between 4 January and 4 February 2021, Mr. Toruño’s residence in the city of León was raided by police without search warrants on at least three occasions. Police officers reportedly damaged the house’s doors and the vehicle parked in the garage, as well as seized mobile phones, computers and broadcasting equipment. In January 2021, Mr. Toruño relocated outside the country due to fear of being arbitrarily arrested.
- Followup Trends 0
- Deterioration/further reprisals
- Date of follow up 0
- 12 May 2020
- Did the government respond? 0
- No
- Was this case followed up by a UN body? 0
- UN Special Procedures: Thematic
- UN Special Procedures: UN Special Procedures - General
- In which SG report was this case followed up on? 1
- 2022
- Follow up information provided in SG report 1
- The case of Mr. Anibal Toruño, of Radio Darío, was included in the 2020 report of the Secretary-General on allegations of threats following UN action on his case. According to information received by OHCHR, in 2021, Mr. Toruño relocated outside the country due to concerns about his safety. During the reporting period, several close relatives of Mr. Toruño and Radio Dario co-workers of have been the target of repeated acts of harassment, intimidation, and physical surveillance by state agents, mainly police officers.
- Followup Trends 1
- Deterioration/further reprisals
- Did the government respond? 1
- No
- In which SG report was this case followed up on? 2
- 2023
- Follow up information provided in SG report 2
- 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.
- Followup Trends 2
- Deterioration/further reprisals
- Did the government respond? 2
- No