A/HRC/42/30 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 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 87 88 89 GE.19-15332 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). 35

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