A/HRC/42/18
dismissal. 40 According to information collected by OHCHR, prosecutors and public
defenders were not perceived as independent and impartial when acting in cases related to
the sociopolitical crisis.41
40.
OHCHR documented violations of the right to a fair trial in cases of persons
prosecuted for their involvement in demonstrations, sometimes based on a distorted
application of the criminal legislation, which is not in line with international human rights
norms and standards. For example, judges repeatedly issued arrest, search or seizure
warrants post factum, which, although allowed by the Criminal Procedural Code to render
police actions lawful, contravenes international norms and standards. Judges have also
imposed mandatory pretrial detention for particular crimes 42 almost systematically and
without proper reasoning, which is contrary to international norms and standards, according
to which the imposition of such measures has to be exceptional and to take into
consideration the defendant’s individual circumstances.43
41.
Individuals who participated in the protests, took part in picket lines and roadblocks,
collected money or supplies to support demonstrators or fired home-made mortars against
security forces faced charges that were disproportionate to the seriousness of those acts.
They were usually charged with terrorism, financing terrorism, kidnapping, organized
crime or illegal possession of arms. Some judges have admitted inaccurate accusations,
built on weak or contradictory evidence. In a number of cases, the prosecutors’ accusations
included inconsistencies about persons, places, periods of time and objects allegedly found
at the crime scene. Despite objections by the defence, the judges accepted those allegations.
42.
Numerous cases were investigated and prosecuted before courts in Managua,
although the alleged criminal acts had occurred elsewhere. This was justified by the
application of article 22 of the Criminal Procedure Code, as reformed by Law 952, which is
vaguely worded. 44 Some of these cases were transferred to courts in Managua, without
complying, with legal procedures. Almost all hearings before district judges were closed to
the public without valid justification. 45 Other hearings held before pretrial judges were
allegedly conducted in facilities that only judicial personnel – including public defenders –
could access, without information on times and venues being communicated in advance to
defence lawyers. The hearings would also occur at unusual times, for example at dawn and
on weekends, to avoid public scrutiny.46 The minutes would indicate that the hearings had
taken place during working hours.
43.
The authorities violated the right to presumption of innocence of most people
detained in the context of the protests.47 After a person was arrested, they would be publicly
accused of being a terrorist and then placed in mandatory pretrial detention, in
contravention of international norms. 48 Many were kept in prison for more than six months,
others for almost a year, without any judicial review. 49
40
41
42
43
44
45
46
47
48
49
10
See www.elnuevodiario.com.ni/nacionales/483132-rafael-solis-renuncia-corte-suprema-justicia/.
The Public Defenders’ Office comes under the authority of the Supreme Court of Justice.
For instance, terrorism and organized crime (Law 735, art. 37 (b)).
Human Rights Committee, general comment No. 35 (2014) on liberty and security of person, para.
38.
Judges from other judicial districts (e.g., Granada, Rivas, León and Juigalpa) who had previously
convened hearings declined jurisdiction, in contradiction of the provisions of article 29 of the
Criminal Procedure Code. The defence objected to these irregular proceedings, but the cases and the
detainees were sent to the courts in Managua before the appeals were decided.
The defendants’ family members, national and international human rights institutions and
independent media have generally been prevented from attending the hearings.
According to the Government, hearings were held at the premises of courts of justice on the dates and
at the time set by judges. Communication from the Ministry of Foreign Affairs in response to the
OHCHR questionnaire, p. 12.
Human Rights Committee, general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial, para. 30.
Human Rights Committee, general comment No. 35, para. 38.
Ibid.
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