A/HRC/57/60
19.
Nicaragua
143. The cases of Mr. Guillermo Gonzalo Carrión Maradiaga and Ms. Haydee Isabel
Castillo Flores were included in the 2019 report149 of the Secretary-General on allegations
of vilification by public officials, criminalization, and surveillance for sharing information
on human rights violations with OHCHR. Mr. Carrion is a lawyer and human rights defender
who was the legal director of the now dissolved Nicaraguan Center for Human Rights
(CENIDH) and founder of the Human Rights Collective Nicaragua Never Again. Ms. Castillo
is a woman human rights defender with the now dissolved Instituto de Liderazgo de Las
Segovias-ILLS and Nicaragüenses en el Mundo (NEEM).
144. On 18 September 2023, mandate holders addressed allegations of judicial harassment
of human rights defenders, including Mr. Carrion and Ms. Castillo. On 15 February 2023,
the Court of Appeals of Managua applied Special Laws 1055 150 and 1145151 to 94 individuals
stripping them of their nationality and confiscating their assets in the country after they were
declared traitors to the homeland, including Mr. Carrión and Ms. Castillo. On 9 and 11 May
2023, the Supreme Court of Justice, in two different resolutions, disbarred 26 lawyers and
notaries, one of whom was Mr. Carrion, as a consequence of the application of Special
Law 1145 (NIC 3/2023).
145. The case of Ms. Vilma Núñez de Escorcia, an 85-year-old woman human rights
defender and head of the Nicaraguan Center for Human Rights (CENIDH), was included in
the 2020, 2021 and 2023 reports of the Secretary-General152 on allegations of harassment,
police surveillance and denial of healthcare services following her engagement with the
United Nations High Commissioner for Human Rights in 2019. On 15 February 2023, the
Managua Court of Appeals stripped Ms. Núñez of her nationality, declared her “fugitive from
justice,” and requested the confiscation of her properties.
146. In its 2023 report to the Human Rights Council, the Group of Human Rights Experts
on Nicaragua referred to the situation of Ms. Núñez as an emblematic case of persecution of
and pressure to leave the country on those perceived as opposing the authorities. The Group
of Experts noted that by remaining in the country in a situation of statelessness, Ms. Núñez
suffers the daily denial of all her human rights, for instance her pension was cancelled, and
her marriage is non-existent before the law. Experts also noted that Ms. Nuñez is a victim of
constant harassment and surveillance (A/HRC/55/CRP.3, para. 107).153
147. The Group of Experts reported that Ms. Núñez filed an appeal against Special Law
No. 1145 arguing that it is unconstitutional, the receipt of which was acknowledged by the
clerk of the Supreme Court of Justice, but at the time of writing had not been processed. In
May 2023, Ms. Núñez also filed a writ of amparo against the National Council of
Administration and Judicial Career of the Supreme Court of Justice against her disbarment
from the professions of lawyer and public notary. On 26 May 2023, the First Civil Chamber
of the Court of Appeals of Managua decided not to admit the appeal for amparo due to the
fact that Ms. Núñez lost her Nicaraguan nationality and her rights as citizen
(A/HRC/55/CRP.3, para. 143).
149
150
151
152
153
GE.24-14259
A/HRC/42/30, Annex I paras. 78–79.
Law on the Defence of the People’s Rights to Independence, Sovereignty and Self-Determination for
Peace (1055).
Special law regulating the loss of Nicaraguan nationality (1145).
A/HRC/45/36, Annex I para. 89; A/HRC/48/28, Annex II paras. 102–103; A/HRC/54/61, Annex II
para. 116.
https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/grhe-nicaragua/OA-GHREN54HRC-12SSEP23_English.docx.
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