A/HRC/42/18 44. On numerous occasions, defence lawyers were not allowed to review their clients’ case files, and many defendants were only able to communicate with their legal counsels at the hearings, as the majority were not allowed to be visited in prison. 50 The Government has denied these claims.51 Moreover, some preliminary hearings were conducted in the absence of the lawyer chosen by the accused, who was assigned a public defender who allegedly did not act in an independent and diligent manner.52 45. OHCHR documented a general failure of judges to respect equality between the parties to the proceedings. For instance, part of exculpatory evidence was usually dismissed, while the whole body of evidence proposed by public prosecutors was usually accepted. Furthermore, most witnesses for the prosecution were civil servants or police officers, including undercover agents, who testified with their faces covered, without any assurance that judges had verified their identity during a previous special hearing, as required by domestic legislation. 46. In some cases, prison authorities ignored the release orders of judges, keeping defendants arbitrarily deprived of their liberty. Those convicted were usually given disproportionate sentences, in some cases over 200 years of imprisonment, although the Constitution limits prison sentences to 30 years. 53 On 22 February 2019, the High Commissioner issued a press release expressing concern about the lack of due process and increasing criminalization of dissent, and calling for an independent review of convictions and sentences of opposition leaders and activists who had taken part in the protests. 54 47. All convictions related to the demonstrations and sociopolitical crisis have so far been imposed on individuals involved in the protests, with the exception of a private security guard sentenced for the homicide of a Brazilian university student. 55 On 15 July 2019, a court ordered the release of the security guard under the Amnesty Law. VIII. Victims’ right to a remedy and reparation 48. Despite questions about its independence, impartiality and objectivity, the Truth, Justice and Peace Commission continued operating. The Commission was established by the National Assembly on 27 April 2018, without consulting victims and civil society. The resolution that created this body did not define its powers, nor the process or criteria for the selection of the commissioners. 56 Besides, as illustrated by its report, the Commission considers members of the security forces and supporters of the ruling party as the primary victims of the crisis, to the detriment of people who were involved in the protests. 57 Although the police used excessive force on different occasions, the Commission did not recognize that these constituted human rights violations. Most recently, it praised the controversial Law on Comprehensive Care for Victims and the Amnesty Law. 50 51 52 53 54 55 56 57 In a few cases, defence lawyers were able to interview their clients in prison after waiting from 6 a.m. to 3 p.m. The interviews would usually last 10 minutes, in the presence of a guard. Some older and sick detainees were exceptionally allowed to communicate more privately and for a longer time with their lawyers. Communication from the Ministry of Foreign Affairs in response to the OHCHR questionnaire, p. 11. According to domestic law, preliminary hearings may be held without the participation of a defence counsel, whether it is a lawyer chosen by the accused or appointed ex officio by the judge. According to international norms and standards, it is axiomatic that legal assistance be available at all stages of criminal proceedings. This was the case of peasant leaders Medardo Mairena and Pedro Mena, sentenced to 216 and 210 years, respectively. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24193&LangID=E. OHCHR requested from the Government information on the number of police officers investigated, prosecuted and/or punished for alleged excessive use of force. The Government failed to provide such information. Communication from the Ministry of Foreign Affairs in response to the OHCHR questionnaire pp. 3–4. National Assembly resolution No. 01-2018 of 29 April 2018. Third Preliminary Report of the Truth, Justice and Peace Commission, February 2019. Available at www.cvjp.org.ni/home/informes. 11