A/HRC/RES/43/2
to alternative measures to detention, including several previously released under the Amnesty
Law,
Expressing concern that the broad scope of Law No. 996 (Amnesty Law) may lead to
impunity for human rights violations, contrary to international law, and fail to provide
adequate protections for persons released from arbitrary detention in relation to the 2018
protests,
Noting that, according to the Global Alliance of National Human Rights Institutions,
the national human rights institution of Nicaragua, the Office of the Human Rights Advocate
(Procuraduria para la Defensa de los Derechos Humanos), does not demonstrate the
independence required by, nor act in a manner that is fully compliant with, the principles
relating to the status of national institutions for the promotion and protection of human rights
(the Paris Principles),
Condemning all acts of intimidation and reprisals, both online and offline, by State
and non-State actors against individuals and groups who seek to cooperate or have cooperated
with the United Nations, its representatives and mechanisms in the field of human rights, or
with the Organization of American States or the Inter-American Commission on Human
Rights,
Affirming that free, fair, transparent and credible elections, in accordance with
international standards, are essential to a peaceful and democratic solution to the human
rights crisis in Nicaragua, as is the unhindered participation of the political opposition and
independent national and international electoral observers,
1.
Expresses grave concern at the continuing reports of serious human rights
violations and abuses since April 2018, and the persisting disproportionate use of force by
the police to repress social protests, and acts of violence by armed groups, as well as reports
of ongoing unlawful arrests and arbitrary detentions, harassment, torture and sexual and
gender-based violence in detention;
2.
Expresses concern at the persisting restrictions on civic space and the
repression of dissent in Nicaragua targeting civil society, human rights defenders, including
women human rights defenders, community and religious leaders, journalists and other media
workers, students, victims and their family members, and individuals expressing critical
views of the Government;
3.
Urges the Government of Nicaragua to respect the rights to freedom of
peaceful assembly, of association and of expression, and the independence of the media, the
prosecution authority and the judiciary by authorizing peaceful and public demonstrations,
restoring the legal registration of civil society organizations and independent media outlets
that were cancelled, and returning seized assets;
4.
Calls upon the Government of Nicaragua to cease using arbitrary arrests and
arbitrary detentions or alternative measures of detention as a means to repress dissent, to
release all those arbitrarily or illegally detained without condition, to guarantee due process
rights, to ensure that conditions of detention have due regard to the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Mandela rules) and comply with
applicable human rights obligations and standards, and to carry out prompt and impartial
investigations into any allegations of extrajudicial execution, torture or ill-treatment, and take
effective action against sexual and gender-based violence;
5.
Urges the Government of Nicaragua to guarantee a safe and enabling
environment for human rights defenders, including women human rights defenders, and
adequate conditions for them to carry out their work freely;
6.
Calls upon the Government of Nicaragua to take effective measures to
guarantee the independence and impartiality of the justice system and the Office of the
Human Rights Advocate;
7.
Urges the Government of Nicaragua to develop a comprehensive, inclusive
and victim- and survivor-centred action plan for accountability, as recommended by the
United Nations High Commissioner for Human Rights in her report, which would include,
inter alia, prompt, thorough and transparent criminal investigations into all allegations of,
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