A/HRC/42/18
documented a large number of human rights violations committed between 18 April and 18
August 2018, including gross violations, such as disproportionate use of force by the police
that resulted in some extrajudicial killings, and prevalent ill-treatment and instances of
torture and sexual violence in detention centres. 4 OHCHR was able to verify that proGovernment armed elements were involved in attacks against protesters and carried out
detentions with the acquiescence of and, often, in a joint and coordinated manner with,
State authorities, mainly law enforcement agents. OHCHR also reported abuses committed
by individuals involved in the protests, including the killing and injuring of police officers
and members of the Sandinista political party, as well as the destruction of public
infrastructure.5
6.
Despite the resumption of negotiations between the Government and the Civic
Alliance for Justice and Democracy in February 2019 6 and the release, by 11 June 2019, of
492 people (452 men and 40 women) 7 who had been detained in the context of the 2018
protests, the repression of dissent by the Government and pro-Government elements
persisted. The authorities consider that the repression of nationwide protests was a
legitimate response to a failed coup d’état, denying any responsibility for human rights
violations.
7.
During the period under review, the National Assembly – which is dominated by the
ruling party – adopted legislation proposed by the Government that is not in line with
international human rights norms and standards (see sections IV and VIII below). 8 The
national human rights institution, namely, the Office of the Human Rights Advocate
(Procuraduría para la Defensa de los Derechos Humanos), which also serves as the national
mechanism for the prevention of torture, did not demonstrate any independence during this
period. During the fortieth session of the Human Rights Council, the State delegation was
represented by the Deputy Commissioner of the Office of the Human Rights Advocate,
who repeated the Government’s justification of its actions in response to the failed coup
d’état and indicated that his institution had not found any evidence of torture of protesters
deprived of liberty. In March 2019 the status of the Office was downgraded from “A” to
“B” because its independence could not be established. 9
8.
On 19 December 2018, the Government suspended the visits of the Inter-American
Commission on Human Rights and the presence of the Special Monitoring Mechanism for
Nicaragua. It also considered that the mission of the Interdisciplinary Group of Experts had
been accomplished, just before the presentation of the latter’s public report. 10 These
decisions ended any on-site international human rights monitoring in Nicaragua. In its
4
5
6
7
8
9
10
America and North America. According to the General Directorate of Migration and Foreign
Nationals of Costa Rica, 30,258 additional people were waiting to file a request for asylum in Costa
Rica.
OHCHR, “Human rights violations”.
According to official data, 22 police officers and 48 alleged members of the Sandinista party were
killed.
A national dialogue between the Civic Alliance and the Government began on 16 May 2018 with the
mediation of the National Episcopal Conference. Negotiations stopped in June 2018, following a fire,
caused by arson, at a residence in the Carlo Marx neighbourhood in which six members of a family
perished.
Between 27 February and 11 June 2019, the Ministry of the Interior issued eight press releases stating
the number of people released. See www.migob.gob.ni/noticias/.
This included the decrees that cancelled the legal registration of nine civil society organizations; the
Law for a Culture of Dialogue, Reconciliation, Security, Work and Peace; the Law on Comprehensive
Care for Victims; and the Amnesty Law.
Global Alliance of National Human Rights Institutions, “Report and recommendations of the session
of the Sub-Committee on Accreditation”, March 2019. Available at
https://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/Documents/SCA%20Report%20March%
202019%20-%20EN%20.pdf.
Established through an agreement between the General Secretariat of the Organization of American
States, the Inter-American Commission on Human Rights and the Government of Nicaragua, the
Interdisciplinary Group of Experts started its work in Nicaragua on 2 July 2018.
3
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