A/HRC/42/18
were imposed without consultations and do not comply with relevant international
principles. Independence from the Government and inclusion of all stakeholders,
especially victims, are essential conditions for any initiative seeking justice and
reparation.
62.
The most recent phase of the repression against sectors critical of the
Government has been marked by violations of the rights to freedom of expression,
association and peaceful assembly. Moreover, government officials have resorted to
rhetoric discrediting and attacking human rights defenders, journalists and persons
critical of the Government. This situation has led to a continued and notable reduction
of civic space.
63.
Arbitrary arrests and detentions continued to be used as a means to repress the
expression of dissent, and instances of torture and ill-treatment targeting persons
deprived of liberty in relation to the protests persisted. The authorities have thus far
failed to conduct prompt and impartial investigations into allegations of torture and
ill-treatment in custody.
64.
The justice system has been used to criminalize dissent and to ensure impunity
for those responsible for human rights violations, demonstrating the lack of
independence of the judiciary from the executive. The monitoring of some criminal
proceedings against persons detained in the context of the protests has also unveiled
notorious weaknesses and incompatibilities of application of the national criminal
legislation with international norms and standards on fair trial.
XI. Recommendations
65.
The High Commissioner calls on the State of Nicaragua to:
(a)
Urgently resume a meaningful and inclusive dialogue, in line with its
international human rights obligations, and fully implement the agreements reached
with the Civic Alliance in March 2019;
(b)
Guarantee the exercise of the freedoms of peaceful assembly, expression
and association, and publicly condemn and sanction any attack or intimidation
against, inter alia, human rights defenders, community leaders, journalists and media
workers and any individual critical of the Government;
(c)
Urgently restore the legal personality of civil society organizations and
media outlets that were sanctioned and return all their seized assets, documents and
equipment;
(d)
With the support of OHCHR through the provision of technical
cooperation as well as the assistance of regional human rights institutions, establish a
comprehensive action plan towards accountability that is inclusive and victim-centred,
which would include the following:
(i)
Prompt, thorough and transparent criminal investigations into and
prosecutions of all allegations of human rights violations and abuses that have
occurred since 18 April 2018, especially gross human rights violations such as
extrajudicial killings, torture and sexual violence, in particular through the
establishment of a special unit within the Prosecutor’s Office;
(ii)
Participatory and inclusive consultations to reform the judicial sector,
including reappointments in line with international standards such as the Basic
Principles on the Independence of the Judiciary and the Guidelines on the Role
of Prosecutors;
(iii) Following consultation with associations of victims of human rights
violations in the context of the protests, development and implementation of a
comprehensive package of measures that ensure access to justice and
reparation (restitution, compensation, rehabilitation, satisfaction and
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