A/HRC/42/18
report the Group stated that the authorities had perpetrated actions amounting to crimes
against humanity, including murder, arbitrary deprivation of liberty and persecution. 11
9.
On 27 February 2019, negotiations between the Government and the Civic Alliance
resumed, with representatives of the Organization of American States and the Holy See as
international observers. Despite discrepancies between the parties, an agreement was
reached on 27 March on the release of persons deprived of their liberty in the context of the
2018 protests, and another on 29 March on strengthening citizens’ rights and safeguards.
On 20 May, the Civic Alliance left the negotiating table, considering that implementation of
the two agreements was limited. 12 By 11 June, according to official figures, the
Government had released 492 people (452 men and 40 women) who had been detained in
the context of the 2018 protests. At the time of writing, negotiations remained stalled
despite attempts to resume them.
III. Right of peaceful assembly
10.
Restrictions on the right of peaceful assembly continued through an array of
measures preventing protests. As of September 2018, the National Police began banning
public demonstrations by any group critical of the Government, based on a restrictive
application of Law 872 on the National Police, 13 which empowers the police to issue
authorizations to hold public events that could affect the free circulation of people and
vehicles or other daily activities. When rejecting requests, the National Police repeatedly
stated that applicants lacked formal requirements (e.g., legal personality) or had been
involved in “serious breaches of public order”. 14 However, authorities are to presume
peaceful intentions on behalf of those requesting authorization, especially if they have not
been tried for any crime.
11.
At times, the National Police resorted to excessive force against those attempting to
demonstrate, conducted arbitrary arrests of persons protesting peacefully (in some cases for
waving Nicaraguan flags in the streets or for singing the national anthem) and used threats
to discourage protests.
12.
OHCHR considers such acts as incompatible with applicable international norms
and standards, as they were disproportionate for policing peaceful gatherings of 100 people
or fewer. The right of peaceful assembly should not be subjected to prior authorization and
can only be restricted, in accordance with the principle of proportionality, to maintain and
protect national security, public safety, public order, public health or morals, or the rights
and freedoms of others.
13.
In its intervention during the universal periodic review of Nicaragua in May 2019,
the Government asserted that the right of peaceful assembly was “fully ensured” and that,
since September 2018, the National Police had issued four press releases and five
resolutions rejecting requests by civil society organizations critical of the Government to
organize protests.
14.
During the reporting period, OHCHR continued to document cases of proGovernment armed elements using firearms against protesters. In one incident in Managua,
on 23 September 2018, a 16-year-old boy was killed and at least four men and a woman
were injured. On 30 March 2019, also in Managua, an alleged member of the ruling party
attacked demonstrators with a firearm around the Metrocentro shopping centre, injuring
11
12
13
14
4
Nicaragua: Report on the Violent Events that Took Place between April 18th and May 30th 2018,
available at
https://gieinicaragua.org/giei-content/uploads/2019/05/GIEI_REPORT_ENGLISH_simplepage.pdf.
Civic Alliance, press release, 20 May 2019, available at www.alianzacivicanicaragua.com/nosretiramos-de-la-mesa-hasta-la-liberacion-de-presos-politicos-y-llamamos-a-paro-nacional/.
Law 872 on the organization, functions, career and special social security regime of the National
Police, 26 June 2014, art. 7 (1) (p).
Communication from the Ministry of Foreign Affairs in response to the OHCHR questionnaire, 5 July
2019.
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