A/HRC/14/37
developed a national strategy on reproductive and sexual health, with the aims of improving
maternal and postnatal health, encouraging family planning and avoiding unwanted
pregnancy. Primary obstetric care was provided by health-care centres, to preserve the life
and integrity of women facing obstetric emergencies.
242. Nicaragua did not support recommendations 6 and 7, on the introduction of the
definition of torture in its legislation, in accordance with the Convention against Torture, as
it considered that the definition of torture in its legislation was more comprehensive than
that of the Convention.
243. Regarding recommendation 8, to eliminate the crime of defamation from the Penal
Code, the recommendation was not appropriate, as the above-mentioned crime did not
appear as such in its Penal Code.
244. Nicaragua supported recommendation 9, on the establishment of a national council
on women, which was in line with Government policies.
245. Nicaragua supported recommendations 10, 11 and 25 to 29 on the dissemination and
full implementation of the Declaration on Human Right Defenders. No State policy against
human rights defenders existed, and the promotion and protection of human rights, besides
being a Government policy, was a State commitment. Accordingly, Nicaragua supported
these recommendations. It added that incidents affecting human rights defenders had
originated in the private sphere and that the police had investigated all seven reports, which
was not an alarming figure. Nicaragua had conformed to respect human rights and to
promote human rights education at all levels in order to ensure tolerance and respect of
human rights defenders, in close coordination with the Procuraduria para la Defensa de los
Derechos Humanos. Victims could also resort to legal remedies.
246. Nicaragua supported recommendations 13, 14, 40 and 41, on strengthening measures
to tackle violence against women, stating that they were in line with its development
policies, which focused on the “human being”. The new Penal Code of 2008 introduced
domestic violence as a crime and provided for protection measures for victims. Other
measures had been taken: offenders did not benefit from release on bail; crimes were tried
by professional judges; the State promoted free access of women to justice; specialized
police units promoted awareness-raising campaigns; and the Office of the Public Attorney
had established a specialized unit on gender violence and a specialized office for the
assistance of victims of crimes, adopted guidelines on domestic violence for prosecutors,
and concluded an agreement to improve coordination with judges, police agents and
forensic experts.
247. The right to freedom of expression was guaranteed by the State as a constitutional
right. In that regard, recommendation 31 was not appropriate.
248. Nicaragua supported recommendation 32, relating to allowing civil society
organizations to express themselves freely on Government policies. However, this right
pertained only to national civil society organizations, since foreign or international
organizations, by nature, could not interfere with the internal affairs of Government policy.
249. Regarding recommendation 33, which called for the establishment of an independent
body to regulate the access to information, Nicaragua did not favour the establishment of
such an organ; access to information was already regulated by the State through the Office
for the Coordination on Access to Public Information. It added that access to information
was guaranteed by law 621, which also provided for the habeas data remedy.
250. Nicaragua had noted recommendation 34, on measures to guarantee that opposition
political parties could freely express their opinion, stating that measures had already been
taken to guarantee this right, which was also protected by the Constitution.
GE.12-17781
85
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